Limited Warranty

Purchaser may purchase replacement propellers from Exyn at list price plus shipping and handling, or purchase directly from the manufacturer. For applicable clients, batteries should be purchased directly from a local distributor due to shipping constraints. 

The Limited Warranty is the standard twelve (12) month warranty (as set forth below) that applies to Exyn products held by Exyn clients currently under warranty protection. The hardware and software components of Exyn products shall be known as the “System”. 

Limited Warranties for the System. Exyn warrants to the original purchaser (“Purchaser”) that the hardware portion of its product (including any Critical Spare Parts (defined below) stored by Purchaser at Purchaser’s site) shall be free from any defects in materials or workmanship under normal use, so long as such hardware is maintained in accordance with the hardware’s preventative maintenance plan, and operated by adequately trained personnel in accordance with Exyn-provided manuals. Purchaser agrees to periodically provide  Exyn with information pertaining to its trained personnel (“Trained Operators”) for the purpose of validating the applicability of this warranty. Purchaser agrees and understands that by providing information related to its Trained Operators, this does not imply or result in a certification of any kind regarding the System. All information related to Trained Operators is confidential information of the Purchaser and will be treated accordingly.

The warranty contemplated in the prior paragraph will be effective for a period of twelve (12) months from the date of purchase. During the Warranty Period, and upon proof of purchase, if the product fails due to faulty workmanship and/or materials, Exyn will, at its sole discretion, repair or replace the defective product or components. Any replacement may consist of a new or remanufactured functionally equivalent product of equal value, and will be made solely at the discretion of Exyn. 

If Purchaser elects to purchase extended warranty coverage, Purchaser must buy such additional extended warranty coverage with the Exyn sales team, prior to the end of the initial warranty. The extended warranty period will be effective for twelve (12) months, after the end of the original twelve (12) month warranty.

Extended warranty clients will be eligible for two (2) complete robot replacements for irreparable damage. One of these replacements will be to replace a faulty hardware or software issue which occurs through the normal use and/or wear and tear of the robot. The second will be for an accidental crash replacement; this does not include a crash which occurred during manual flight and it does not include a crash resulting from a force majeure type event, such as floods, hurricanes, lightning strikes, earthquakes and wildfires. All major and minor repairs are subject to Exyn’s approval in its sole discretion.

During the Warranty Period, Exyn warrants to the Purchaser that the software substantially conforms to functional specifications for the software, as set forth in the documentation, if the software is properly installed on the correct hardware and used as contemplated in the documentation. Exyn does not warrant that the software will be error free or that it will operate without interruptions. During the Warranty Period, and upon proof of purchase, if the software product fails to perform as specified, Exyn will, at its sole discretion, replace the defective software product with software that substantially conforms to Exyn’s functional specifications for the software. 

Repaired or replaced hardware or software is warranted only for (i) the remainder of the original Warranty Period (including any extended warranty period if applicable), or (ii) 90 days from the date of replacement, whichever is longer, and is subject to the same exclusions and limitations as the original product. Unless expressly stated otherwise within this document, Purchaser is responsible for all shipping, labor, installation, travel and other costs associated with the repair and/or replacement. All hardware or part thereof that is replaced by Exyn, or for which the purchase price is refunded, shall become the property of Exyn upon replacement or refund. 

What Is Not Covered. The foregoing Limited Warranties are for the benefit of the Purchaser of the System only and are non-transferable. The foregoing Limited Warranties are void in the event of, and do not cover, any part of the System that in Exyn’s sole and exclusive discretion have (i) been subjected to abuse, accident, alteration, modification, tampering, negligence, misuse, faulty installation or repair, lack of reasonable care, repair, or service (including failure to follow the preventative maintenance plan applicable to the hardware), or (ii) used in any way that is not contemplated in the documentation for the product (including autonomous flying outdoors in featureless environments or outside of any other conditions specified in training documentation or training sessions), or (iii) if the model or serial number has been altered, tampered with, defaced or removed; initial installation, installation and removal of the product for repair, and shipping costs; operational adjustments covered in the operating manual for the product and or covered in any product training, and normal maintenance; or (iv) damage that occurs in shipment, due to a force majeure type event, failures due to power surge, and cosmetic damage; or (v) any hardware, software, firmware or other products or services (including repairs) provided by anyone other than Exyn and/or an authorized Exyn dealer; and/or products that have been purchased from any party other than Exyn or its authorized channel partners. Improper or incorrectly performed maintenance or repair voids the foregoing Limited Warranties. Additionally, the warranty shall not apply to the failure of (or of any part or component of) the System that directly results from misuse or accident arising out of operation of the System by any other person who is not a Trained Operator. The Limited Warranty shall be considered void if there is evidence that the System has been operated other than by a Trained Operator.

“Critical Spare Parts” are backup units that Exyn may provide to ExynAero purchasers at no additional cost with the purchased products for auxiliary purposes. Critical Spare Parts are loaned to the ExynAero purchaser and not sold. Purchaser agrees that upon expiration or termination of the Warranty Period (including any extended warranty period if applicable), any Critical Spare Part(s) must be returned to Exyn within 30 days, following the Claim Procedure set forth below. This part of the Warranty is solely applicable to ExynAero Clients and provided that the ExynAero Client is currently covered by the Warranty.

Claim Procedure. To obtain the service of these Limited Warranties, contact Exyn’s Service Center for your Return Material Authorization number (RMA) and to arrange for shipping. For the products under warranty, warranty service is provided by Exyn service center, free of charge, including the cost of parts and labor. The repaired or replacement product will be shipped to the corresponding return address with the shipping charges prepaid by Exyn. 

Any System (or part thereof) returned without proof of purchase, those with an outdated warranty, or those with issues not covered under the Limited Warranties (as determined by Exyn in its sole and exclusive discretion) will not be repaired or replaced until the Purchaser pays to Exyn the repair or replacement cost as determined by Exyn, including the cost of shipping, parts and labor. 

If the Purchaser cannot physically return a defective System or any part thereof because the System could not be retrieved, then Exyn will cover the replacement cost of such System free of charge, including the cost of shipping, the first time a warranty claim is made. Each warranty claim made by the Purchaser thereafter for a System that cannot be physically returned to Exyn will not be replaced until Purchaser pays to Exyn the replacement cost as determined by Exyn, including the cost of shipping. Exyn shall determine the replacement cost based on the manufactured cost of the replacement plus applicable administrative fees and shipping fees. Exyn is not responsible for any costs rendered outside of Exyn’s repair services /or for any damage to or loss of products in transit. 

If the Purchaser is using its own drone (not provided by Exyn), Purchaser is responsible to secure appropriate insurance to cover the replacement and/or repair costs of the drone and any related incidental fees or expenses.  It is within Exyn’s discretion to request that the Purchaser show evidence of the procurement of insurance for the use of the drone at any time within the Warranty period.  Exyn is not responsible (in whole or in part) for any costs or expenses for drones obtained by the Purchaser, even if the cause of the incident is directly or indirectly linked to Exyn’s System.  Purchaser remains solely liable for all costs of its own drones.    

DISCLAIMER OF IMPLIED WARRANTIES; SOLE REMEDY. EXCEPT FOR THE LIMITED WARRANTIES SPECIFIED HEREIN, ALL EXPRESS, IMPLIED, OR STATUTORY CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR RESULTING FROM A COURSE OF DEALING, LAW, CUSTOM, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY EXYN, ITS SUPPLIERS AND LICENSORS (IF ANY). TO THE EXTENT THAT ANY OF THE SAME CANNOT BE EXCLUDED, SUCH IMPLIED CONDITION, REPRESENTATION AND/OR WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD REFERRED TO IN THE APPLICABLE “LIMITED WARRANTY” SECTION ABOVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY IN SUCH STATES. THIS WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAILS OF THEIR ESSENTIAL PURPOSES.

PURCHASER’S SOLE REMEDY, AND EXYN’S SOLE AND EXCLUSIVE OBLIGATION FOR BREACH OF THE LIMITED WARRANTIES SET FORTH ABOVE, IS THE, REPAIR, REPLACEMENT OR REFUND OF THE ORIGINAL PURCHASE PRICE FOR THE SYSTEM (WHICH SUCH REMEDY SHALL BE CHOSEN IN EXYN’S SOLE DISCRETION).

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXYN IS NOT LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE PRODUCT, INCONVENIENCE OR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF GOODWILL, LOSS OF REVENUE OR PROFIT, ANTICIPATED SAVINGS, WORK SLOW-DOWN OR STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO OR FAILURE OF OTHER EQUIPMENT OR COMPUTER PROGRAMS TO WHICH EXYN’S PRODUCT IS CONNECTED, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT RETURNED TO EXYN FOR WARRANTY SERVICE, OR THIRD PARTY CLAIMS) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTIES HEREIN, EVEN IF EXYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EXYN’S CUMULATIVE LIABILITY TO PURCHASER EXCEED THE TOTAL AMOUNTS PAID BY PURCHASER TO EXYN FOR THE SYSTEM.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO PURCHASER. THESE LIMITED WARRANTIES GIVES PURCHASER SPECIFIC LEGAL RIGHTS AND PURCHASER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.

Applicable Law. These Limited Warranties shall be governed by the laws of the State of Pennsylvania, regardless of where the product was purchased, unless expressly prohibited by local law, and notwithstanding any conflicts of law provisions. 

Exyn shall not be liable for editorial errors or omissions contained herein. The information in this document is subject to change without notice.