1. Definitions
This document summarizes Exyn Technologies, Inc.’s (“Exyn’s”) Warranty Coverage. It is not meant to address exceptions that are outside the scope of Warranty Coverage.
For purposes of this document, the “System” shall be defined as the set of Exyn-branded software and hardware components, exclusive to the list below:
(i) Nexys – Hesai “Nexys Pro” (EX-2120HA_Serialized) OR Velodyne “Nexys” (EX-2120VA)
(ii) Nexys DJI Interface Kit - “Drone Interface Kit” (EX-2166DJ34)
(iii) Dell Tablet - “Tablet” (EX-9222)
(iv) The Exyn suite of software products installed and executing thereon
Components i, ii, and iv shall be known as the “Robot”.
The standard twelve (12) month warranty that applies to Exyn products held by Exyn clients currently under warranty protection will be referred to as the “Limited Warranty” or the “Limited Warranty Period.”
The optional, fee-based warranty coverage that extends Warranty Coverage for an additional twelve (12) months following expiration of the “Limited Warranty” will be referred to as the “Extended Warranty” or the “Extended Warranty Period.”
The original purchaser of the System shall be referred to as the “Purchaser.”
Personnel adequately trained in accordance with Exyn-provided manuals and materials, and thus documented by Exyn, shall be referred to as “Trained Operators.”
This document summarizes Exyn Technologies, Inc.’s (“Exyn’s”) Warranty Coverage. It is not meant to address exceptions that are outside the scope of Warranty Coverage.
For purposes of this document, the “System” shall be defined as the set of Exyn-branded software and hardware components, exclusive to the list below:
(i) Nexys – Hesai “Nexys Pro” (EX-2120HA_Serialized) OR Velodyne “Nexys” (EX-2120VA)
(ii) Nexys DJI Interface Kit - “Drone Interface Kit” (EX-2166DJ34)
(iii) Dell Tablet - “Tablet” (EX-9222)
(iv) The Exyn suite of software products installed and executing thereon
Components i, ii, and iv shall be known as the “Robot”.
The standard twelve (12) month warranty that applies to Exyn products held by Exyn clients currently under warranty protection will be referred to as the “Limited Warranty” or the “Limited Warranty Period.”
The optional, fee-based warranty coverage that extends Warranty Coverage for an additional twelve (12) months following expiration of the “Limited Warranty” will be referred to as the “Extended Warranty” or the “Extended Warranty Period.”
The original purchaser of the System shall be referred to as the “Purchaser.”
Personnel adequately trained in accordance with Exyn-provided manuals and materials, and thus documented by Exyn, shall be referred to as “Trained Operators.”
Return Merchandise Authorization (RMA) is the internal case form Exyn creates, associated with the return of an Exyn-provided piece of hardware.
The Exyn Knowledge Base is the live database continuously updated by Exyn with all Nexys related knowledge guides and recommendations.
The Exyn Knowledge Base Software Release Notes are the most up to date documentation on new features and bug fixes upon software package releases. Such notes can be found here: https://www.exyn.com/knowledge-base/release-notes
Acceptance Testing is testing done at the Exyn central office in Philadelphia to ensure quality and catch nonconformities.
Emergency Stop is the emergency "E-Stop" button as specified by the drone manufacturer, including the Red E-stop button available within the exview application. This is used as a last resort in the event of catastrophic system failure, in which a living being is put in danger.
2. Scope and Eligibility
Warranty coverage is directly connected to the System, beginning with date of delivery. Warranty coverage is provided for the benefit of the Purchaser of the System only and is non-transferable.
Limited Warranty for the System: Exyn warrants to the Purchaser that the hardware portion of its product shall be free from defects in materials or workmanship under normal use, provided the System is operated by Trained Operators in accordance with Exyn-provided manuals.
Purchaser agrees to provide Exyn with information pertaining to its Trained Operators as often as new users are trained, for the purpose of validating the applicability of this warranty. The Purchaser agrees and understands that providing such information does not imply or result in certification of any kind regarding the System.
For no additional cost, one (1) virtual training session will be provided to Purchasers whose Systems are covered under the Limited Warranty. Virtual training sessions must be purchased separately for Purchasers whose Systems are out of warranty. On-site training sessions must be purchased separately for all Purchasers.
3. Limited Warranty Period
The Limited Warranty shall be effective for a period of twelve (12) months from the date of delivery (the “Limited Warranty Period”).
During the Limited Warranty Period, and upon proof of purchase, if the System fails due to faulty workmanship and/or materials, Exyn will, at its sole discretion, repair or replace the defective product or component. Any replacement may consist of a functionally equivalent system that has passed Acceptance Testing quality standards, as established by Exyn.
4. Software Warranty and Updates
During the Limited Warranty Period or any applicable Extended Warranty Period, Exyn warrants that the software substantially conforms to Exyn’s functional specifications when properly installed on the correct hardware and used as instructed per the documentation available in the Exyn Knowledge Base. Exyn does not warrant that the software will be error free or operate without interruption.
If the software fails to perform as specified during the applicable warranty period, Exyn will, at its sole discretion, replace the defective software with software that substantially conforms to Exyn’s functional specifications.
In the event that Exyn makes available for download and application Software Updates that have been designated as “critical” in the Exyn Knowledge Base Software Release Notes, Purchasers must apply the Software Updates to the Nexys and Tablet within thirty (30) days of publication of Software Release Notes to the Exyn Knowledge Base. Failure to do so will result in the warranty being void.
5. Extended Warranty Coverage
Purchasers may elect to purchase Extended Warranty coverage through the Exyn sales team prior to the expiration of the Limited Warranty Period. The Extended Warranty shall be effective for twelve (12) months immediately following the end of the Limited Warranty Period. The Extended Warranty provides identical coverage to the Limited Warranty, and is subject to the same exclusions and void conditions as the Limited Warranty.
After the expiration of the Limited Warranty Period, if the Purchaser does not elect to purchase Extended Warranty coverage, System repairs and replacements, regardless of causation, will not be covered by Exyn.
6. Robot Replacement and Crash Coverage
During each twelve (12) month period of active Limited Warranty or Extended Warranty coverage, eligible Purchasers may receive up to two (2) complete robot replacements for irreparable damage, subject to Exyn’s sole discretion and approval.
One (1) replacement may be provided to address irreparable damage caused by faulty hardware or software occurring through use as outlined in Section 2 of this document, or through reasonable wear and tear, which does not include damage from abuse, neglect, or accidents. Examples of abuse, neglect, or accidents include, but are not limited to, dropping the System, crashes due to incorrectly mounted Systems, or damage caused while untrained Operators are using the system.
One (1) replacement may be provided for accidental crash damage, excluding crashes occurring during manual flight or resulting from force majeure events, including but not limited to floods, hurricanes, lightning strikes, earthquakes, and wildfires.
In all crash investigations, the Purchaser shall make available to Exyn logs generated by the Systems that are relevant to the crash for the purpose of determining causation of the crash. In the event that Exyn determines that a failure of Exyn autonomy was solely responsible for causing the crash, and the System is recovered, Exyn will provide a complete refurbished replacement System at no cost to the Purchaser. In the event that logs relevant to the crash are not made available to Exyn for review, no coverage is provided.
The following items are considered for complete refurbished replacement, if compromised in the crash:
Nexys - Hesai “Nexys Pro” (EX-2120HA_Serialized)
Nexys - Velodyne “Nexys” (EX-2120VA)
Nexys M350 Interface Kit - “Drone Interface Kit” (EX-2166DJ34)
7. Warranty on Repaired or Replaced Items
Any hardware or software repaired or replaced under warranty is warranted only for the remainder of the applicable Limited Warranty Period or Extended Warranty Period and is subject to the same exclusions and limitations as the original product.
Unless expressly stated otherwise, Purchaser is responsible for all shipping, labor, installation, travel, and related costs associated with repair or replacement. All returned hardware or refunded products become the property of Exyn.
For out-of-warranty repairs or replacements, Purchasers have thirty (30) days from receipt to notify Exyn if repaired or replaced items are not functioning properly.
8. Exclusions and Void Conditions
The Limited and Extended Warranties do not apply to, and shall be void in the event of, any System or component that, in Exyn’s sole discretion:
(i) has been subjected to abuse, accident, alteration, modification, tampering, negligence, misuse, faulty installation or repair, lack of reasonable care, or improper service, or has had its model or serial number altered, defaced, or removed; or
(ii) has been used in any manner not contemplated in the documentation or expressly prohibited in Exyn training materials or Exyn Knowledge Base guidelines; or
(iii) has sustained damage during shipment, from power surges, cosmetic damage, or force majeure events; or
(iv) has been modified or repaired by anyone other than Exyn or an authorized Exyn dealer, or has been purchased from an unauthorized seller.
The warranty shall not apply if the System is operated by anyone other than a Trained Operator. Manual flights are not covered under warranty.
Any damage to the System resulting from use of the Emergency Stop (“E-Stop”) is not covered under warranty, except, as determined by Exyn through a review of logs relevant to the incident, in the following cases:
(i) the Robot is acting erratically and poses a threat to human safety;
(ii) the Robot has landed but the propellers have not powered down due to a failure of the system; or
(iii) the Robot has already crashed and the propellers remain powered.
9. Third-Party Accessories and Batteries
Accessories manufactured by third parties are not covered under this warranty and are not eligible for repair or replacement by Exyn. This includes, but is not limited to, batteries, chargers, Trimble DA2 GPS accessories, and propellers. Batteries should be purchased directly from a local distributor.
10. Purchaser-Supplied Drones and Insurance
If the Purchaser uses a drone not supplied by Exyn, the Purchaser is solely responsible for obtaining and maintaining appropriate insurance coverage for the drone’s replacement, repair, and related incidental expenses.
Exyn may request proof of such insurance at any time during the Limited or Extended Warranty Period. Exyn bears no responsibility for costs or damages associated with Purchaser-supplied drones, even if an incident is directly or indirectly related to Exyn’s System. Purchaser remains fully liable for all such costs unless expressly stated otherwise by Exyn.
11. Warranty Claim Procedure
To obtain warranty service, Purchasers must contact Exyn’s Customer Success team to submit a support case to initiate a Return Merchandise Authorization (RMA) and arrange shipping.
For Systems under Limited Warranty or Extended Warranty, warranty service includes parts and labor at no charge. Repaired or replacement Systems will be shipped to the designated return address listed on the Purchase Order.
Systems returned without proof of purchase, outside the warranty period, or for issues not covered under warranty will not be repaired or replaced until the Purchaser pays all applicable costs, including shipping, labor, and parts, as determined by Exyn.
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.