WARRANTY/Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE “AGREEMENT”) CAREFULLY BEFORE PURCHASING OR USING PRODUCTS SOLD BY INFINITE JIB INC. By signing the Agreement purchaser or end user (hereinafter, the “End User”) agrees to comply with and be bound by the following terms of use.

Infinite Jib™ Inc. (“Infinite Jib”) sells ready to fly model aircrafts, unmanned air vehicles, airframes, platforms (collectively, the “Aerial Robotics”), as well as components, parts, and accessories therefor (collectively, the “Products”; individually, the “Product”).

If the End User does not accept the terms of this Agreement, the End User shall not obtain the Products.

PLEASE NOTE: If THE END USER IS AN INDIVIDUAL, HE OR SHE MUST BE 18 YEARS OLD OR OLDER IN ORDER TO ACCEPT THIS AGREEMENT

1.  Acceptance of Agreement. The End User agrees to the terms and conditions outlined in this Agreement with respect to the Products. This Agreement and the Purchase Order, as provided in Section 14 of this Agreement, constitute the entire and only agreement between the End User and Infinite Jib, which supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Products. This Agreement may be changed by Infinite Jib at any time and from time to time concerning prices, specifications, configurations, performance and models without specific notice to the End User, and Infinite Jib assumes no responsibility to provide such changes to the End User retroactively. The latest version of the Agreement will be provided to End User at the time of placing the Purchase Order with Infinite Jib in respect of sale of the Products and will be posted on Infinite Jib’s website (“Site”). The End User should review the Agreement prior to purchasing the Products.

2.  Safety Warning. The Aerial Robotics are not toys. The safety instructions are intended not only for the protection of the Aerial Robotics, but also to protect safety of the End User and others. Improper operations can cause serious injury and/or property damage. In case of improper use, the Products can be dangerous. Infinite Jib does not guarantee error-free behavior of the Products, associated electronics or software. Despite careful review of the Products, Infinite Jib does not assume any warranty or liability (direct or indirect) for the accuracy of the hardware, associated software and electronics, except as provided in this Agreement. Furthermore, as provided in Section 10 of this Agreement, Infinite Jib assumes no liability for consequential damage to property or persons caused by the use of the Products. It is the End User’s responsibility to perform a full system test.

2.1  Safe flying areas. The End User agrees to refrain from operating Aerial Robotics over people and in populated areas.

2.2  Comply with laws and regulations. The End User agrees to compliance with all laws and regulations, especially when operating Aerial Robotics in proximity to airports or aerodromes, and shall refrain from operating the Products near airports or aerodromes if such laws and regulations prohibit such operation.

2.3  Safe Flying. The End User agrees to use his/her best judgment and always practice safe flight operating techniques.

2.4  Inexperienced Operator. Infinite Jib’s Aerial Robotics is not for inexperienced operators and Infinite Jib is not accountable for the training in respect of any Products which involve complicated machinery that presupposes, at minimum, a base knowledge of computer programming. If unfamiliar with programming or the system technology, the End User agrees to take/seek further information and assistance from experienced third parties.

2.5  Maintenance/checklist. The End User agrees to conduct a thorough system checklist set out below before each flight and to conduct periodic maintenance of Aerial Robotics.

2.5.1  Checklist (pre-flight check)
Weather conditions suitable
Frame and all screws are tight
Propeller not damaged and tightly fixed
Battery fully charged and securely mounted
Transmitter battery charge

Check the camera, if attached to make sure it is securely fasten.
Verify you video downlink to your ground station.

2.5.2  Before starting

Double-check your transmitter’s switch positions.

Point the antenna off to one side, so not to point the antenna at the craft

Turn off Auto Level, Altitude Hold, and GPS

Place the Exponential switches in their correct positions

Plug in your flight battery pack

Start your camera

Remove all distractions from around the pilot. Relax and take a deep breath

2.5.3  Take-off and during the flight

Arm the Hoverfly Pro, do not work on the craft with it in the armed state

Remain relaxed and focused on the craft at all times

Make any fine adjustments to the trim to the craft

Be aware of your surroundings, people and objects

Be aware of the wind speed and direction

Have an idea as to your flight time remaining; listen to the minute timer beeps.

2.5.4  After the flight

De-Arm the Throttle, same as the startup procedure

Do not approach the craft until you are certain the throttle stick is disabled;

Test the throttle to make sure it is disengaged.

Unplug the flight battery from the craft

3.  Assumption of Risk by the End User. The End User agrees to use the Products at his or her or its own risk (this also applies to associated electronics and software). Anyone injured or any property damaged as a result of the use of the Products by the End User is the sole responsibility of the End User.

4.  Certification. No End User in Canada shall operate unmanned air vehicles (within the meaning provided in the Aviation Regulations) in flight, except in accordance with a Special Flight Operations Certificate (“SFOC”) issued to a person in accordance with the Aviation Act and corresponding Aviation Regulations. The End User should make sure to make his or her application for SFOC as early as possible and to provide as much information as possible. To obtain a list of the application requirements go to:

http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-brochures-uav-2270.htm

It is the End User’s sole responsibility to comply with other certification requirements in Canada, if applicable, and with similar or other certification requirements in other jurisdictions. Infinite Jib can not be held accountable for the End User’s actions if the End User uses the Products without proper certification in any jurisdiction. 

5.  Licensing. The transmitting of video over radio frequencies in most countries may require various licenses, including but not limited to radio licenses. Infinite Jib can not be held responsible for the End User’s actions if the End User uses the Products without proper licensing. The End User must check federal, provincial, and local laws and regulations on the subject of use and frequency spectrums before operating the Products.

6.  Insurance. It is recommended that the End User obtains appropriate liability insurance. This may help the End User to cover costs in the event that persons are injured or property is damaged as a result of the End User’s use of the Products.

7.  Limited Warranty. Infinite Jib warrants to the End User that the Products, including but not limited to hardware and software, purchased from Infinite Jib will be free of defect in materials and workmanship for thirty (30) days from the date of purchase from Infinite Jib. Infinite Jib’s sole obligation under this limited warranty is to repair or replace any Product or component therefor proven to be defective in materials or workmanship during the thirty (30) day warranty period. Any Products determined by Infinite Jib to be defective will be replaced, as provided herein, and the replaced Product will become the sole property of Infinite Jib. This limited warranty is valid if, and only if, the Product has been used in accordance with the instructions and for its intended purpose. This limited warranty does not cover defects or damage which result from: i) the natural breakdown of materials over extended use and time; ii) neglect, abuse, unauthorized modification, accident or any action or omission which constitutes deviation from the instructions; iii) use for a purpose other than its intended purpose; and iv) misuse or the event of a crash. If any of the foregoing takes place, this limited warranty will become void and inactive. This warranty is limited exclusively to the specific Products proven to be defective and will not extend to any other Products that may be damaged while being used in conjunction with the defective product. This Limited Warranty is effective upon the first delivery date to the End User and is not transferrable.

8.  Return Policy. If the End User believes that a Product is defective or did not meet Infinite Jib’s stated specifications, the End User may return the product within 30 days of invoice date. Prior to return of the Product, the End User must obtain a RETURN AUTHORIZATION NUMBER from Infinite Jib. No Product will be processed without RETURN AUTHORIZATION NUMBER. The End User should place the Product back in the original packaging and then carefully pack it for shipping and return to Infinite Jib, freight prepaid, together with an explanatory note and the RETURN AUTHORIZATION NUMBER. The returned Product must be in the original package and free of any defect or damage caused by any misuse or shipping. When Infinite Jib receives the End User’s Product, Infinite Jib’s Customer Service Team will carefully evaluate it. If the Product is covered under the Limited Warranty set out herein, and has a defect due to material or workmanship, Infinite Jib will, at its sole option, either refund the purchase price, repair the defect, or replace the Product (replacements will have functionality at least equal to that of the Product being replaced) at no charge to the End User other than for shipping/handling. If Infinite Jib determines that the returned Product meets Infinite Jib’s specifications for stock products, then Infinite Jib shall refund the End User the purchase price, less a 35% restocking fee. ALL IMPLIED CONDITIONS AND WARRANTIES CONTEMPLATED BY THE SALE OF GOODS ACT ARE HEREBY EXPRESSLY AND SPECIFICALLY EXCLUDED.

9.  How To Receive Limited Warranty Service. The End User of the Product in need of service under the Limited Warranty should simply follow the steps below:

9.1  Contact Infinite Jib to receive a Return Authorization Number at 905-859-8857 or (8am-5pm EST) or email address; infinitejib.com

9.2  Send Infinite Jib the following:

9.2.1  The End User’s original receipt or other proof of purchase of the Product (which will be returned to you) OR the Product Registration number;

9.2.2  The purchased Product in the original package;

9.2.3  An explanatory note stating a problem and a Return Authorization Number;

9.2.4  The End User’s name/address/daytime phone number/email address; and

9.2.5  The End User’s non-refundable payment, either by check or credit card, in the amount of $100.00 to cover Infinite Jib’s cost of return shipping/handling.

9.3  Mail the Product to: 14650 Concession 8, Schomberg, Ontario, Canada L0G1T0

10.  Exclusion and Limitation of Liability. Infinite Jib’s liability for breach of contract, breach of fiduciary duty, negligence, negligent design, negligent manufacturing, failure to warn, for defects in design, material or workmanship, under any statute, consumer protection legislation, or any regulations passed thereunder, or for absolutely any other potential cause of action or absolutely any other basis upon which liability might otherwise be found, is strictly limited, without exception, to repair or replacement of the product, as provided herein, and IN ABSOLUTELY NO EVENT SHALL INFINITE JIB BE RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, RESULTANT OR CONTINGENT DAMAGES OF ABSOLUTELY ANY TYPE, whatsoever, whether these damages were caused or incurred by our breach of contract or negligence or by any other cause, whatsoever. If any provision of this EXCLUSIONS AND LIMITATION OF LIABILITY CLAUSE is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability will attach only to such provision or part thereof and the remaining part of such provision and all other provisions will continue in full force and effect.

11.  Indemnity. The End User shall indemnify and hold harmless Infinite Jib, its officers, directors, agents, representatives and employees from any and all claims, liabilities, damages, and expenses (including legal fees actually incurred) on account of death of any person or injury to any person or damage to any property arising from or in connection with any goods supplied. This indemnity shall apply without regard to whether the claim, damage, liability or expenses is based on breach of contract, breach of warranty, negligence, strict liability or other tort.

12.  Payments. The End User represents and warrants that if the End User is purchasing the Product from Infinite Jib: (i) any credit card information the End User supplies is true, correct and complete; (ii) charges incurred by the End User will be honored by the End User’s credit card company, and (iii) the End User will pay the charges incurred by the End User at the posted prices, including any shipping fees and applicable taxes.

13.  Consent to receive Commercial Electronic Messages (“CEM”). By accepting this Agreement the End User consents to receive commercial electronic messages from Infinite Jib with information the End User may have requested from Infinite Jib. The End User may withdraw the consent to receive CEM from Infinite Jib at any time by sending us an email asking to be removed.

14.  Placing Purchase Orders. Purchase order forms can be obtained by contacting Infinite Jib via telephone, fax or email or by downloading them from the Infinite Jib’s website (collectively, the “Purchase Order”; individually, the “Purchase Order”). The Purchase Orders must include the End User’s name, billing address, shipping address, email, telephone (collectively, “Contact Information”), payment method, item number, description, quantity, cost and payment, in the amount of $125.00 to cover the cost of  shipping the Product. It is the End User’s responsibility to notify Infinite Jib of any changes in Contact Information as they occur. The Purchase Orders must be executed by the End User and submitted to Infinite Jib after the End User has fully read, understood, and accepted the terms of this Agreement.

15.  Delivery: Products in stock will be shipped within 28 business days from receipt of order (the “Delivery Date”). For Products not in stock, an estimated delivery date will be specified upon acceptance of the order. After acceptance of an order, Infinite Jib will provide an estimated delivery date and will use its best efforts to meet the estimated delivery date. Delivery dates are subject to change if the Products to be supplied by a manufacturer do not arrive by the date mutually agreed to by the parties. Infinite Jib is not responsible for any consequential damage caused by late delivery by the manufacturer. However, if the End User has NOT received the Product within 30 days after the Delivery Date or estimated delivery date, the End User may cancel all or part of the purchase order without a charge or fee by contacting Infinite Jib.

16.  Shipping. It is Infinite Jib’s Policy to only ship to address’s pre-verified by PayPal. If the End User needs something shipped to another address, the End User shall amend the “ship to address” option in PayPal. If that can not be done, the End User will put a note on the End User’s order stating that the End User understands the shipment is at the End User’s risk and if the order gets lost in the mail there is nothing Infinite Jib can do. If no note is added to the End User’s order, it will be shipped to the PayPal Address by default. Customers may pick-up orders to save shipping cost.

17.  Applicable Law and Attornment. This Agreement shall be governed, construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably attorn to the jurisdiction of the courts of Ontario with respect to any matter arising under or related to this Agreement. 

By approving the Purchase Order with Infinite Jib the End User acknowledges that that the End User has read and understood the terms of this Agreement, and that this Agreement and the Purchase Order constitute the entire and only agreement between Infinite Jib and the End User in respect of sale of the Product/Products to the End User. BY SIGNING THE PURCHASE ORDER WITH INFINITE JIB THE END USER ACCEPTS THE TERMS OF THIS AGREEMENT AND RELEASES INFINITE JIB FROM RESPONSIBILITY FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM AND IN ASSOCIATION WITH THE USE OF THE PRODUCTS. The Purchase Order shall be executed before delivery or shipment of the Products.