USaS Repair Terms & Conditions
Please read the Repair Terms and Conditions carefully. They apply to your submission of an unmanned aerial system, drone or other electronic device (each a “Device”) to USaS for repair and/or refurbishment. By clicking the “I ACCEPT” button below and submitting your Device to USaS, you agree that these Repair Terms and Conditions will govern the services provided to you by USaS.
1. Repair Service. USaS will repair or
refurbish your Device as described in the Repair Quote provided herein or
otherwise provided to you by USaS for the estimated charges shown therein
(unless such estimated charges are subsequently revised with your written or
oral consent). Barring unforeseen
shortage of parts or other materials, USaS will repair your Device within five
(5) business days of your acceptance of these terms and the payment of any
charges due at that time.
2. Subcontractors. USaS may subcontract with other service providers for the repair of your Device.
3. Payment. (a) Unless your Device is repaired under warranty or extended service contract without any charge, you will promptly pay USaS the repair fees identified on the reverse side plus any additional charges subsequently agreed to by you orally or in writing (the “Repair Fee”). Payment of your Repair Fee is due upon your acceptance of these terms. Unless specified otherwise, the Repair Fee includes all parts, labor and return shipping and handling charges required for the repair of the Device, and any applicable tax. (b) If you paid USaS a diagnostic or other fee for analysis of the damage or defect in your Device (“Diagnostic Fee”), and you subsequently authorize repairs to that Device, the Diagnostic Fee will be applied as a credit to your Repair Fee. (c) If you pay a Diagnostic Fee, USaS inspects your Device and provides a repair estimate for you, and you do not authorize USaS to undertake the repairs, the Diagnostic Fee shall be non-refundable and not applied as a credit towards any future repairs.
4. Unanticipated Labor/Parts. If after undertaking repairs USaS determines that the repairs require labor and/or parts not specified herein USaS may seek your approval to revise the Repair Fee. If you do not agree that USaS may revise the Repair Fee, USaS may return your Device. In such cases, Section 3(c) above shall apply to any Diagnostic Fee paid.
5. Parts. In repairing your Device USaS may use new, used or reconditioned parts. USaS will retain any replaced part as its property, and the replacement part will be your property. To the extent permitted by applicable law, you hereby waive any right you may have to receive any replaced parts. If applicable law requires USaS to return a replaced part to you, you agree to pay USaS the additional cost of the replacement item.
6. Disclaimer of Warranty. If USaS repairs your Device, USaS warrants (1) that repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your Device will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by USaS. If a defect exists in a replacement part during the part’s warranty period as identified in the preceding sentence, in its sole discretion, USaS will (1) repair the part, using new, used or reconditioned parts, (2) replace the part with a new, used or reconditioned equivalent part, or (3) refund the fair market value of the part as determined by its manufacturer. THIS WARRANTY AND REMEDY ARE EXCLUSIVE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESSED OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. USAS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO THE REPAIR PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. IF USAS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY.
7. Limitation of Liability. USAS IS NOT RESPONSIBLE FOR ANY FAILURES OR DELAYS IN PERFORMING UNDER THIS AGREEMENT THAT ARE DUE TO EVENTS OUTSIDE OF ITS REASONABLE CONTROL. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, USAS AND ITS OFFICERS, AGENTS, AND EMPLOYEES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PERFORMANCE OR OMISSION OF ANY REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFIT (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF REPUTATION; LOSS OF OPPORTUNITY; LOSS OF USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY COSTS OF RECOVERING, PROGRAMMING, OR RESTORING ANY PROGRAM OR DATA STORED ON YOUR PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON YOUR PRODUCT. USAS SPECIFICALLY DOES NOT WARRANT THAT IT WILL BE ABLE TO (1) REPAIR OR REPLACE YOUR PRODUCT WITOUT RISK TO OR LOSS OF PROGRAMS OR DATA, OR (2) MAINTAIN THE CONFIDENTIALITY OF DATA. IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN USAS’S CUSTODY, USAS’S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. OTHERWISE, USAS’S LIABILITY FOR ANY AND ALL DAMAGE SHALL IN NO EVENT EXCEED THE PAYMENTS RECEIVED BY USAS FOR SERVICES PROVIDED PURSUANT TO THESE TERMS. THE REMEDIES SET FORTH HEREIN SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH BY USAS UNDER THESE TERMS AND CONDITIONS.
8. Backup of Data and Information. USaS is not liable for loss or corruption of data or your confidential, proprietary or personal information or removable data that may be contained in any manner on any Device submitted for diagnostic testing and/or repair. Before you send us your Device for any diagnostic testing or repair service, you should make a backup copy of your data and remove any confidential, proprietary or personal information and removable media such as SD cards, micro SD cards or any other form of data storage.
9. Complete Agreement. These Terms and Conditions are the only ones that govern USaS’s repair of your Device. No other oral or written terms or conditions apply, including any terms or conditions contained in any purchase order that you provide to USaS. No one has authority from USaS to vary any of these Terms and Conditions.
10. Personal Information. You agree and understand that it is necessary for USaS to collect, process and use your personal data in order to perform the service and support obligations under these Terms and Conditions.
11. Governing Law. The laws of the State of Illinois will govern this Agreement. You agree that the state and federal courts sitting in and around Chicago, Illinois will be the exclusive venue for the resolution of any disputes concerning this Agreement, the diagnostic testing of your Device, the repair of your Device or any other matters relevant thereto.