ATI warrants that all goods will be free from material defects at the time of delivery. ATI warrants that all goods will conform with all written descriptions as well as any drawings, specifications, samples or models furnished to RTF Purchaser. ATI provides a one year warranty covering installation and configuration of all system components. Issues regarding original equipment manufacturer (OEM) produced components ie., motors, ESC's, flight controllers, ATI will repair or RMA back to the OEM if appropriate, at ATI's discretion. This does not cover any component that has been improperly maintained or subjected to crash damage. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS USE AGREEMENT.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the parties hereto agree as follows:
SECTION 1. SAFETY
1.1 Safety Regulations. For the safety of the operator, bystanders and the equipment, UAS Purchaser agrees to participate and review the introductory training course conducted at the time of delivery, and agrees to follow the basic safety guidelines outlined in the course.
1.2 Seek further assistance. UAS Purchaser agrees to seek further information and assistance as needed prior to use or at any such time that he/she is unable to safely operate the equipment. By way of information, ATI advanced flight school is available.
1.3 Safety Warning. The safety instructions are intended not only for the protection of the aircraft, but also to protect the safety of the UAS Purchaser and others. Improper operation can cause serious physical injury, death, or property damage. ATI does not guarantee error-free behavior of the electronics or software as set forth in the warranty section below.
1.4 Use at own risk. UAS Purchaser agrees that the use of the electronics or equipment is at his/her own risk. This also applies to associated computer programs.
1.5 Safe flying areas. UAS Purchaser agrees to refrain from flying over people and to not operate near children or pets.
1.6 Comply with local rules. UAS Purchaser agrees it is his/her responsibility to understand and be compliant with all local, state, or federal government rules. This is especially important when flying near airports.
1.7 Safe Flying. UAS Purchaser agrees to use his/her best judgment and always practice safe flying techniques.
1.8 Maintenance and checklist. UAS Purchaser agrees to conduct a thorough systems check before each flight and to conduct periodic maintenance of the system per the manufacturer, in addition to any recommendations made during the ATI Basic Training Course.
1.9 Inexperienced Pilot. ATI is not responsible for inexperienced operators and is not accountable for the training or any equipment used in, on, or with the aircraft. Drone systems involve complicated machinery that presupposes a base knowledge of computer programming. If unfamiliar with programming Drone technology, UAS Purchaser agrees to seek further information and assistance. In addition to the required introductory training course, ATI recommends using the Ardupilot Website UAS Purchaser is also advised to seek further flight school training through ATI as needed.
3.1 No Assumption of Liability. ATI assumes no liability for damage or injury associated with the use of the systems sold. ATI does not guarantee error-free behavior of the electronics or software. Despite careful preparation and review, ATI does not assume any warranty or liability (direct or indirect) for the accuracy of the software, hardware, or information. UAS Platforms, will require the use of a computer to change parameters and settings of the Flight Control software.
3.2 Liability for adjustments. UAS Purchaser is responsible for adjustments to the software to suit personal preferences.
3.3 Liability for damages. UAS Purchaser assumes all liability for damages to property or persons caused by the equipment.
3.4 Liability for improper use. UAS Purchaser assumes liability for improper use of this product.
3.5 Insurance. It is recommended that UAS Purchaser not fly without purchasing liability insurance. This helps cover costs in the event that persons are hurt or property is damaged as a result of the use of Flight Control Air and Ground technology.
3.6 Assumption of Risk. UAS Purchaser will assume all risk and determine the suitability of the product for his or her intended use. Any injury to persons or property damaged by use of this product is the sole responsibility of the user(s).
3.7 IN NO EVENT SHALL ATI BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATED TO THE USE OF PRODUCTS SOLD. PURSUANT TO THE SIGNATURE BELOW,RTF PURCHASER SHALL INDEMNIFY AND HOLD HARMLESS ATI, ITS OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY FEES OR COURT COSTS ACTUALLY INCURRED) ON ACCOUNT OF DEATH OR INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING FROM OR IN CONNECTION WITH ANY GOODS SUPPLIED. THIS INDEMNITY SHALL APPLY WITHOUT REGARD TO WHETHER THE CLAIM, DAMAGE, LIABILITY OR EXPENSE IS BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT.