FreeFlight ADS-B FDL-978 Series, User Manual

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FDL-978 ADS-B Equipment
Pilot Guide/User Manual
FFS Copyright © 2015 All rights reserved. B-1
APPENDIX B Limited Warranty
I. HARDWARE
FREEFLIGHT SYSTEMS, LTD. (“FREEFLIGHT”), 3700 INTERSTATE 35 S, WACO, TX 76706, HEREBY WARRANTS TO THE FIRST
RETAIL PURCHASER ONLY, THAT HARDWARE PURCHASED HEREUNDER WILL BE FREE FROM DEFECTS IN MATERIAL AND
WORKMANSHIP FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF INSTALLATION, NOT TO EXCEED THIRTY (30) MONTHS
FROM THE DATE OF SHIPMENT FROM FREEFLIGHT’S FACTORY. SHOULD DEFECTS BE FOUND, FREEFLIGHT AT ITS OPTION,
WILL REPAIR OR REPLACE THE PRODUCT IN WHICH PHYSICAL DEFECTS IN MATERIALS OR WORKMANSHIP OCCUR. THE
FOREGOING STATES THE SOLE LIABILITY AND OBLIGATION OF FREEFLIGHT ARISING OUT OF THIS WARRANTY, AND SUCH
WARRANTY IS SUBJECT TO THE FOLLOWING CONDITIONS AND LIMITATIONS.
(A) THE DEFECT SHALL OCCUR UNDER NORMAL USE AND SERVICE FOR WHICH THIS PRODUCT WAS INTENDED. FREEFLIGHT
SHALL NOT BE OBLIGATED OR LIABLE UNDER THIS WARRANTY FOR DEFECTS WHICH FREEFLIGHT’S EXAMINATION
DISCLOSES ARE DUE TO: (1) TAMPERING, (2) MISUSE, (3) ABUSE, (4) NEGLECT, (5) IMPROPER STORAGE OR MAINTENANCE, (6)
USE IN A MANNER BEYOND WHICH SUCH EQUIPMENT IS NORMALLY INTENDED TO BE USED, (7) IMPROPER REPAIR OR POOR
WORKMANSHIP BY THOSE WHO ARE NOT AUTHORIZED BY FREEFLIGHT TO REPAIR THE PRODUCTS OR USE OF DEFECTIVE
MATERIAL BY SUCH UNAUTHORIZED PERSONS, AND (8) ANY OTHER CAUSE EXCEPT FOR DEFECTS IN MATERIAL OR
WORKMANSHIP CAUSED BY FREEFLIGHT.
(B) THE WARRANTY CARD SUPPLIED WITH THE PRODUCT MUST BE COMPLETED AND RETURNED TO FREEFLIGHT WITHIN 15
DAYS OF INSTALLATION OF THE PRODUCT IN ORDER FOR THIS WARRANTY TO BECOME EFFECTIVE.
(C) THE PRODUCT IS SOLD AND INSTALLED BY AN AUTHORIZED DEALER. A LIST OF ALL AUTHORIZED FREEFLIGHT DEALERS
MAY BE OBTAINED FROM FREEFLIGHT.
(D) FREEFLIGHT SHALL HAVE NO LIABILITY TO CUSTOMER, TO THE EXTENT THAT ANY CLAIM OF INFRINGEMENT ARISING
FROM ANY MODIFICATION, SERVICING OR ADDITION MADE TO THE ITEMS BY ANYONE OTHER THAN FREEFLIGHT OR ITS
AUTHORIZED REPRESENTATIVE.
(E) THE PRODUCT SHALL BE RETURNED TO FREEFLIGHT VIA THE DEALER WITH TRANSPORTATION CHARGES PREPAID. AFTER
CORRECTION OF THE DEFECTS, THE PRODUCTS WILL BE RETURNED TO THE PURCHASER, TRANSPORTATION CHARGES
PREPAID, EXCEPT FOR RETURNS TO PURCHASERS IN FOREIGN COUNTRIES, WHICH PURCHASERS SHALL BE RESPONSIBLE
FOR PAYMENT OF SUCH CHARGES FROM THE AMERICAN PORT OF EXIT TO PURCHASER’S PLACE OF BUSINESS. THE RISK OF
LOSS OR DAMAGE TO ALL PRODUCTS IN TRANSIT SHALL BE ASSUMED BY THE PARTY INITIATING THE TRANSPORTATION OF
SUCH PRODUCTS.
II. ITEMS NOT COVERED BY WARRANTY
EXCEPT FOR THE EXPRESS WARRANTIES GRANTED IN SECTIONS I ABOVE, FREEFLIGHT MAKES NO OTHER WARRANTIES,
EXPRESSED OR IMPLIED, WITH RESPECT TO ITS PRODUCT AND DISCLAIMS THE SAME. FREEFLIGHT MAKES NO EXPRESS OR
IMPLIED WARRANTY WITH RESPECT TO THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY OR CONFORMANCE WITH
GOVERNMENT STANDARDS OR REGULATION OF ANY FLIGHT PROCEDURE PRESCRIBED BY A GOVERNMENT AUTHORITY,
INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. FURTHER, FREEFLIGHT MAKES NO WARRANTY, EXPRESS, OR IMPLIED, WITH RESPECT TO THE
ADEQUACY, ACCURACY, RELIABILITY, SAFETY, OR CONFORMANCE WITH GOVERNMENT STANDARDS OR REGULATIONS, OF
ANY INFORMATION CONTAINED IN THE PRODUCT WHICH IS PUBLISHED BY OTHERS OR WHICH FREEFLIGHT OBTAINED FROM
OTHERS. FURTHER, FREEFLIGHT MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE COMPLETENESS OF
ANY DATA, FLIGHT INFORMATION, OR FLIGHT PROCEDURE CONTAINED IN ITS PRODUCT. FREEFLIGHT DOES NOT INCLUDE
ALL AVAILABLE DATA IN ITS PRODUCT.
III. LIMITATIONS ON WARRANTY
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IF ANY, AND SAID IMPLIED
WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. WHERE THE PRODUCT IS USED OR PURCHASED
PRIMARILY FOR THE PURCHASER’S PERSONAL OR FAMILY USE, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, IF ANY, ARE HEREBY EXPRESSLY LIMITED TO TWO (2) YEARS FROM THE DATE OF
PURCHASE OF THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF AN IMPLIED WARRANTY, OR
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE, THE ABOVE LIMITATIONS CONCERNING THE EXCLUSION OF
IMPLIED WARRANTIES AND LIMITATIONS OF DAMAGES MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IV. LIMITATION OF LIABILITY
FREEFLIGHT’S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO OBTAIN THE
PRODUCT. FREEFLIGHT SHALL NOT BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR OTHER TYPES OF DAMAGES,
INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, AND PERSONAL INJURY. FREEFLIGHT EXPRESSLY EXCLUDES
AND DISCLAIMS SUCH DAMAGES RESULTING FROM OR CAUSED BY, THE USE, OPERATION, FAILURE, MALFUNCTION OR
DEFECT OF ANY FREEFLIGHT PRODUCT, WHETHER OR NOT LIABILITY FOR SUCH DAMAGES IS DUE TO TORT (INCLUDING
NEGLIGENCE), CONTRACT, WARRANTY, OR STRICT LIABILITY. THESE LIMITATIONS WILL APPLY EVEN IF FREEFLIGHT OR AN
AUTHORIZED DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOU ACKNOWLEDGE THAT THE AMOUNT PAID FOR THE PRODUCT REFLECTS
THIS ALLOCATION OF RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO OBTAIN SERVICE
UNDER THIS WARRANTY CONTACT: FREEFLIGHT SYSTEMS AT (254) 662-0000.