Inspired Flight Technologies, Inc. (“Inspired Flight”) warrants this product against defects in material or workmanship for the original and any subsequent end user owner(s) for ninety (90) days from the date of original purchase. Pursuant to this Limited Warranty, Inspired Flight will, at its option (i) repair the product using new or refurbished parts; or (ii) replace the product with a new or recertified/refurbished product of the same or similar model. For purposes of this Limited Warranty, “recertified” or “refurbished” means a product or part that has been returned to its original specifications. Inspired Flight does not warrant that the operation of the product will be uninterrupted or error-free.
The term of this Limited Warranty is ninety (90) days after the original date of purchase.
THIS LIMITED WARRANTY COVERS ONLY THE HARDWARE COMPONENTS PACKAGED WITH THE PRODUCT:
This Limited Warranty does not cover separate accessories, technical assistance for hardware or software usage and it does not cover any software products contained in the product, and other included content. If an extended service or warranty was purchased, please refer to that plan for the coverage, duration and terms of service. Extended service or warranties are not governed by this Limited Warranty.
To obtain warranty service, a Return Material Authorization must first be obtained from the Inspired Flight Service Department. The product must then be delivered in either its original packaging or packaging affording an equal degree of protection, to an authorized Inspired Flight service center. Inspired Flight may not accept any product returned without a Return Material Authorization. Inspired Flight is not responsible for any data, removable media, parts, software or other materials which may have been stored on or preserved on the returned product. It is likely that any media, parts, data, software, or other materials (such as images, photographs, video, etc.) will be lost or reformatted during service and Inspired Flight is not responsible for any such damage or loss. The purchaser will be responsible for all associated shipping costs.
This Limited Warranty shall apply to any repair, replacement part or replacement, recertified or refurbished product for the remainder of the original Limited Warranty period or for ninety (90) days, whichever is longer. Any parts or product replaced under this Limited Warranty will become the sole property of Inspired Flight. Any replacement, recertified or refurbished product provided under this Limited Warranty may, at the option of Inspired Flight, vary in color and/or cosmetic design from the original product and may not include any original marking, labeling or engraving.
Inspired Flight is not responsible for, and this Limited Warranty does not cover, any damage arising from a failure to operate the product within its intended uses, or otherwise follow the user’s manual and safety instructions relating to the product’s proper use and operation. This Limited Warranty is expressly limited to product issues caused by defects in material or workmanship during ordinary use. This Limited Warranty does not cover products purchased from sources other than Inspired Flight, other than a new product sold by an Inspired Flight authorized reseller, or issues due to: (i) outdoor exposure and other acts of nature; (ii) power surges; (iii) accidental damage; (iv) abuse; (v) limitations of technology; (vi) cosmetic damage; (vii) contact with liquid, heat, humidity or perspiration, sand, smoke, or foreign materials; (viii) use of parts or supplies not sold or authorized by Inspired Flight; (ix) servicing not authorized or performed by Inspired Flight or by an Inspired Flight authorized service center; (x) computer or internet viruses, bugs, worms, or Trojan Horses; (xi) malfunctions due to peripherals/accessories; (xii) modifications of or to any part of the product, including “rooting” or other modifications to control the behavior of the product or any factory installed operating system; (xiii) consumable parts such as batteries; or (xiv) any product where the factory- applied serial number has been altered or removed from the product. Further, to the extent the product incorporates the use of a display, please note that a display contains hundreds of individual pixels and displays typically contain a small number of pixels that do not function properly. This Limited Warranty does not cover up to 0.01% pixel outages.
This Limited Warranty does not cover Inspired Flight products sold “AS IS” or consumables (such as fuses or batteries).
NO IMPLIED WARRANTIES:
Any and all express or implied warranties not contained within this Limited Warranty are expressly excluded, including but not limited to warranties of merchantability and/or fitness for a particular purpose.
AGREEMENT TO ARBITRATE:
Any and all disputes, claims or controversies arising out of or relating to this Agreement, including a determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in San Luis Obispo, California, before a single arbitrator selected by mutual agreement of the parties and admitted to practice law in the State of California. The arbitration shall be administered by JAMS (or any like organization successor thereto) pursuant to its Streamlined Arbitration Rules and Procedures. If the parties are unable to mutually agree upon an arbitrator, JAMS shall select the arbitrator. The arbitrator shall follow any applicable federal and California state law in rendering an award. The parties hereto further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court of appropriate jurisdiction.
LIMITATION ON DAMAGES:
INSPIRED FLIGHT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF THIS PRODUCT. IN NO EVENT SHALL DAMAGES OR ANY OTHER RECOVERY OF ANY KIND AGAINST INSPIRED FLIGHT BE GREATER THAN THE ORIGINAL PURCHASE PRICE OF THE PRODUCT FROM INSPIRED FLIGHT OR AN AUTHORIZED INSPIRED FLIGHT RESELLER.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty lasts. As a result, the above limitations or exclusions may not apply. This Limited Warranty provides specific legal rights and you may have other rights which vary from jurisdiction to jurisdiction.