VISION AERIAL LIMITED WARRANTY
Vision Aerial Inc. (“Manufacturer”) warrants to the original end user (“Purchaser”) that for one
year following the date of delivery of our Product (“Warranty Period”), the Product (excluding (i)
any third party made products and (ii) any third party software) will be free from defects in
materials and workmanship when properly installed and used for its intended purpose and in its
intended operating environment. This warranty does not apply to any Product that has been: (i)
altered, repaired or modified or (ii) damaged or destroyed by accidents or similar events or by
any intentional, reckless or negligent acts or omissions of any party other than Manufacturer. In
the event of a defect, return the Product to the original place of purchase or Manufacturer, but
only after instructed to do so by the Manufacturer. Purchaser shall ship and bear the cost of
shipping the Product to Manufacturer and Manufacturer shall bear the cost of shipping the
Product back to Purchaser after the completion of service under this limited warranty.
Purchaser’s exclusive remedy and Manufacturer’s entire liability under this warranty will be for
Manufacturer at its option to repair or replace the Product or refund purchase price less any
rebates. Purchaser assumes all liability, and as such releases Manufacturer from any liability, for
any accident, injury, damage, death, loss, illegal activity or any other claim that may occur
resulting from or during use of the Product, whether or not such use is foreseeable by
Manufacturer.
MANUFACTURER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE
EXPRESS WARRANTY. Some jurisdictions do not allow limitations on how long an implied
warranty lasts, so the above limitation may not apply to Purchaser. This warranty gives
Purchaser specific legal rights, and Purchaser may also have other rights which vary by
jurisdiction.
All third party software provided with the Product is provided “AS IS”. Purchaser assumes the
entire risk as to the quality, performance, accuracy and effect of such software, and should it
prove defective, Purchaser, and not Manufacturer, assumes the entire cost of all necessary
servicing or repair. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
MANUFACTURER BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING DAMAGE
TO PAYLOAD, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S LIABILITY EXCEED THE
AMOUNT PAID BY PURCHASER FOR THE PRODUCT (EXCLUDING PAYLOAD OR OTHER
COMPONENTS NOT MANUFACTURED BY MANUFACTURER).
The foregoing limitations will apply even if any warranty or remedy provided under this
Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or exclusion may not
apply to Purchaser.
