Atmos, hereafter also referred to as the supplier, warrants that the delivered items will be free from defects in workmanship and materials for a period of twelve (12) months from the date the item was first purchased by the client. During the warranty period should the covered product, in the suppliers sole opinion, malfunction due to any defect in material and/or workmanship, the client’s sole remedy and the supplier’s sole liability shall be, at supplier’s option, to either repair or replace the malfunctioning product with a similar product at no charge. If this is not possible a credit note will be issued. Warranty can only be claimed if the malfunctioning product is returned completely, with all required log files, with a proof of purchase and within the applicable warranty period.
Warranty does not apply in de the following conditions: a) the product is not stored, maintained or used according to its specifications, b) the product is damaged due to carelessness, negligence, wrong use or misuse by the user, c) defects due to normal wear and tear, d) modifications made by third parties e) damage by pilot error, including but not limited to landing with obstacles, damage due to low altitude or close object flight, loss of radio connection, loss of data connection f) failure to update software and/or firmware and g) damage due to wind, rain, water humidity, condensation, corrosion or salt. Any claim related to in-flight malfunction will only considered by Atmos if accompanied by all relevant flight logs and autopilot.
The client shall make available, to the suppliers request, all data regarding Marlyn’s flight and maintenance history and hand over the autopilot. If such data cannot be provided for a reason the supplier has no control over warranty cannot be claimed
It is the client’s responsibility that the aircraft is airworthy according to local regulations. The client shall make all necessary checks before operating the product.
The remedy set forth herein shall be the sole, exclusive remedy with respect to the Product.