Applied Aeronautics accepts orders by way of written Purchase Order or website order. Purchase Orders must include the quote number provided by Applied Aeronautics. All orders are subject to acceptance by Applied Aeronautics. Submission of a Purchase Order shall constitute acceptance of Applied Aeronautics Terms and Conditions, set forth herein and in any Quote provided by Applied Aeronautics. These terms and conditions shall supersede any inconsistent provisions contained on Buyer's Purchase Order. The order is transferred to production only after the payment is received as per agreed prepayment conditions.
Orders for delivery to Purchasers must be fully prepaid. Applied Aeronautics accepts credit card and Wire Transfer. If any down payment has been agreed upon, the remaining payment must be fulfilled before the goods will ship. Deposits are non-refundable.. Failure to complete the remaining payment or to comply with any action required for completion or delivery of the Product within six months will void the order without the right to restitution of payment. Applied Aeronautics retains the right to dispose of products abandoned after this 6-month period, as well as resell goods to recover damages associated with incomplete payments.
The product specifications published on Applied Aeronautics website, literature, or in any written quotation or correspondence are intended to be accurate. However, all specifications assume optimal operating conditions (including R.F. environment) and are measured at sea level. Applied Aeronautics reserves the right to change specifications and makes no claim about the suitability of its products for any particular intended purpose. All vehicle specifications are based on U.S. models.
In the case of custom configurations, quoted specifications are based on mathematical calculations and are provided in good faith. It is expressly understood that Applied Aeronautics cannot test certain quoted systems in the real-world environment in which they will operate. As such, quoted specifications are to be regarded as best-case scenario estimates.
MATERIALS & COMPONENTS
Applied Aeronautics will make every effort to provide hardware as was quoted to the Purchaser. Purchaser acknowledges that Applied Aeronautics retains the right to use a different brand of hardware in the assembly of the Albatross UAV due to supplier lead times, inventory, and/or backorders. In the unlikely event that alternate hardware is used, Applied Aeronautics will make every effort to ensure the substitute hardware is as close to the quoted specifications as possible.
Published prices are subject to change without notice. Prices do not include freight, duty, and insurance fees unless otherwise specified. Prices quoted are exclusive of, and Buyer agrees to pay, any state or local sales, use, VAT, or any other tax. Prices quoted are held for the duration listed on the quotation.
An estimated delivery date will be specified upon acceptance of the order. The promised delivery date is a best estimate based on current and anticipated manufacturing capabilities. Seller assumes no liability for loss, damage, or consequential damages due to delays. Applied Aeronautics will notify the Buyer of any anticipated delay in delivery and will not be held liable for delays resulting from circumstances out of our control, including but not limited to: production delays, backordered components, or Acts of God.
Applied Aeronautics shall not be held liable for any failure or delay in the performance of its obligations resulting from or caused by, directly or indirectly, circumstances beyond its reasonable control, including, without limitation, compliance with any laws, regulations, requests, ordinances, demands, requirements or order of the relevant government or any sub-division, or authority; Acts of God; war; fire; flood; accident; labor strike or shortage; interruption of or delay in transportation shortage of raw materials; or inability to obtain any material used in or equipment needed for the production, consumption, or transportation of the Product (s), whether in any case, such circumstance exists on the date of this order initiation, or thereafter arises.
WARRANTY & RETURNS
As Goods are custom built to order, they cannot be returned for any reason at any time. This includes the Purchaser's lack of adequate knowledge to operate the Goods, as well as no longer needing or wanting the Goods. All Goods are put through ground-based quality control testing prior to shipment. In the event that Goods are found to be faulty upon initial setup, they must be returned to Applied Aeronautics for repair or replacement within 30 days of shipment. Any manufacturing defects identified during this time will be repaired or replaced with the same item or a suitable replacement should the original item be out of stock. Applied Aeronautics will not accept goods that have been used more than required to assess their functionality, nor will Applied Aeronautics accept goods that the Purchaser has attempted to repair on their own. Small areas of missing paint, paint over-spray, chipped decals, small bubbles in the paint, and minor dents will not affect the performance of the Albatross and, therefore, are not covered by our warranty. It is the Buyers' sole responsibility to inspect all Products upon receipt. If Buyer does not provide Applied Aeronautics with written notice of breach of warranty within 30 days following shipment to the Buyer, the Products shall be deemed to have been accepted by the Buyer, and Buyer waives any right or claim with respect to a breach of any warranty.
Applied Aeronautics assumes no liability for any accident, injury, death, loss, or other claim related to or resulting from the use of this Product. Applied Aeronautics makes no other warranties for the Albatross UAV and makes no warranties for service, software, maintenance, or support for non-Applied Aeronautics branded products. Such products, service, software, maintenance or support is provided by Applied Aeronautics "As Is" and any third-party warranties, products, software, services, maintenance or support provided by the original manufacturer or supplied, not by Applied Aeronautics.
Software is subject to their respective, separate software license agreement. A portion of the software contains or consists of open-source software, which you may use under the terms and conditions of the specific license under which the open-source software is distributed. You agree that you will be bound by any and all such license agreements and that your usage of this Product indicates your acceptance of those agreements. Title to software remains with the applicable licensor(s). In no event will Applied Aeronautics be liable to you for damages, including any general, special, incidental, or consequential damages arising out of the use or inability to use the software.
The use and operation of our product in the USA and many other countries may require a license and some countries may forbid its use entirely. In the USA, you will need a "HAM" amateur radio license. It is your responsibility to ensure that the use of this product meets the requirements imposed by your governments rules and regulations for RF devices. do not purchase this product if you are unsure of the government requirements or ar not able to comply with them. Applied Aeronautics is not responsible for your actions if you purchase and/or use this product in violation of your government't regulations. By agreeing to our terms and conditions at the time of order you are also agreeing to have read and understand this notice.
All order discrepancies must be communicated within 30 days of the order receipt. This applies to any orders in packages, missing parts in kits, or products missing. After 30 days, Applied Aeronautics cannot be held responsible for any missing items.
LIMITATION OF LIABILITY
The hardware provided was designed following careful development and testing by Applied Aeronautics, but Applied Aeronautics was not able to conduct tests based on all possible combinations of software, hardware, and physical environment. Therefore, Applied Aeronautics is unable to guarantee nor warrant that there will be absolutely no risk of loss or damage of hardware, property, information, or any other kind of loss, during operation, piloting, and/or execution of any of the functions or components. The Purchaser must be fully aware of the risks of using the Albatross UAV as the system can be used with countless hardware components that were not tested alongside the Albatross UAV.
APPLIED AERONAUTICS LLC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL LOSS OR CONSEQUENTIAL DAMAGES ARISING FROM THE ALBATROSS UAV, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DAMAGE TO BUSINESS, CESSATION OF WORK, HARDWARE MALFUNCTION OR DAMAGE, OR ANY OTHER COMMERCIAL DAMAGE, PERSONAL INJURY, LOSS OR DEATH ARISING FROM USE OF THE ALBATROSS UAV. REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF APPLIED AERONAUTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHER, IN NO EVENT SHALL THE LIABILITY OF APPLIED AERONAUTICS EXCEED THE INDIVIDUAL PRICE OF THE ALBATROSS UAV ON WHICH LIABILITY WAS ASSERTED. AS APPLIED AERONAUTICS HAS NO CONTROL OVER USE, SETUP, ASSEMBLY, MODIFICATION OR MISUSE. NO LIABILITY SHALL BE ASSUMED NOR ACCEPTED FOR ANY RESULTING DAMAGE, INJURY OR DEATH. BY THE ACT OF USE, SETUP, OR ASSEMBLY, THE USER ACCEPTS ALL RESULTING LIABILITY. IF THE PURCHASER IS NOT PREPARED TO ACCEPT THE LIABILITY ASSOCIATED WITH THE USE OF THE ALBATROSS UAV, THE PURCHASER IS ADVISED TO SEEK AN ALTERNATIVE UAV SOLUTION.
Applied Aeronautics is not liable and/or responsible for the use of the Goods that have been modified or changed or to which anything has been attached or installed without prior written authorization from Applied Aeronautics. The Purchaser will be solely responsible for the operation of the Albatross UAV in accordance with federal, state, or local laws and regulations related to the operations of Unmanned Aerial Vehicles.
Albatross UAV is a complex robotics system. By purchasing an Albatross UAV, the Purchaser attests that they have adequate knowledge of advanced robotics to set up, operate, and maintain this system and its accessories. Purchasers with no prior knowledge of advanced robotics, or knowledge that is limited to consumer products, purchases the Albatross UAV at their own risk and attests that they will take all necessary steps to educate themselves prior to operation.
Nothing in these Terms and Conditions shall be construed as requiring Applied Aeronautics to provide support services to the Purchaser outside of the complimentary 30-day support window provided with all merchandise. Applied Aeronautics shall provide additional support services to the purchaser in accordance with a separate agreement.
Purchased operational training must be scheduled within six months of order receipt to avoid expiration. We cannot support goods that have been outside of our facility for extended durations of time as we cannot control what has happened to them in that timeframe.
For international orders, Applied Aeronautics is not responsible once your order lands in the destination country as we do not have any jurisdiction over international countries and their postal systems. Should any issues arise after the package has landed in the destination country, the Purchaser is responsible for contacting their local postal service to remedy the situation. The Purchaser is also responsible for all customs fees, taxes, and brokerage charges. While many orders make it through customs without issues, the customs agency in your country may require you to pay fees before receiving your package. Is it the recipient's responsibility to check with their country's Customs Office to verify any fees as we are unable to provide the recipient with exact or estimated charges. By completing your order, you agree to pay all applicable fees. If your package is seized by Customs Officials for any reason whatsoever, no refund will be granted. If you refuse or return your order, no international shipping charges or fees paid to your local government will be refunded. If you have any questions, we encourage you to contact your Customs Office, as we cannot advise you about your country's customs policies.
Goods that have been held in customs for greater than 14 days or have been subject to a physical inspection by international customs may not operate in the manner in which they were intended. This is due to customs opening or handling goods incorrectly. Applied Aeronautics is not responsible for goods that have suffered damage while in customs.
PAYLOADS AND GROUND STATIONS
Cameras from third-party manufactures are not refundable for any reason at any time. It is understood that these items are purchased for the specific Purchaser on a "one-off" basis and, as such, become the property of the Purchaser at the time of purchase. The Dual Screen Ground Station is also ordered for the specific Purchaser on a "one-off" basis. They are not returnable or refundable for any reason.
BRANDING & LOGOS
No Purchaser or end-user is authorized to remove, cover or tamper with any Applied Aeronautics logos, serial numbers, and/or markings on any product for any reason unless previously agreed to in writing.
Applied Aeronautics retains sole and exclusive ownership of all of their intellectual property rights contained in the Goods. No rights of any kind are granted to Buyer.
Buyer shall neither reverse engineer, decompile, deconstruct, disassemble, synthesize, or extract any element of and/or otherwise discover any Confidential Information, nor request nor accept any disclosure of confidential information or intellectual property from a third party who reverse engineers, decompiles, deconstructs, disassembles, synthesizes, or extracts any element of and/or otherwise discovers any Confidential Information, nor otherwise attempt to derive confidential information or intellectual property contained or embodied in the Goods.
In the event that a Purchaser intends to resell goods purchased from Applied Aeronautics, we cannot make changes, issue refunds, or offer replacement parts for damaged or missing items once passed from the initial Buyer to the new end-user. All goods must be inspected by the initial Buyer, and any errors or discrepancies must be communicated to Applied Aeronautics in writing within 72 hours of parcel receipt. Resold items must bear the Applied Aeronautics trademark and may not - unless previously agreed - be sold under any name other than the Applied Aeronautics "Albatross".
Customs policies vary widely from country to country; Purchasers are responsible for contacting their local customs office for more information as well as verifying that all purchased goods are eligible for import to their region. In the event that an export license is required, Purchasers are responsible for providing Applied Aeronautics with accurate end-user information, including the intended application. Refunds will not be given in the event of a denied export license as all goods are built and assembled to order. Applied Aeronautics is not responsible for denied shipments.