B. Limited Warranty
The Australian Consumer Law and Your Rights
The Australian Consumer Law (ACL) protects consumers by giving them certain guaranteed rights when they buy goods and services. For example, the ACL requires that goods must be free of defects, and do what they are meant to do. Services must be carried out with care and skill. These rights, which the ACL says automatically apply whenever goods or services are supplied to a consumer, are called ‘Consumer Guarantees’.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and failure does not amount to a major failure.
Consumer Guarantees have no set time limit but generally last for an amount of time that is reasonable to expect given factors including the cost and quality of the product or any representations made.
These D1 and DJI After-Sales Policies (these “Policies”) only apply to DJI products you purchased from D1 Store for your own use and not for resale.
By using your DJI product, you agree to be bound by these DJI Policies. If you are not eligible or do not agree to any of the Terms, do not use your DJI product. You may be entitled to a full refund of your purchase of the Product if you return the inactivated Product within fourteen (14) days in or a partial refund if the device is activated.
What is covered?
Under this Limited Warranty, DJI warrants that each DJI product that you purchase will be free from material and workmanship defects under normal use in accordance with DJI’s published product materials during the warranty period. DJI’s published product materials include, but not limited to, user manuals, safety guidelines, specifications, in-app notifications, and service communications.
The warranty period for different products and parts vary, please check http://www.dji.com/au/service
to verify the duration of the warranty for your particular product or parts. The warranty period for a activatable products start on the activation date whereas accessories start on the delivered date (online purchase) or invoice date (instore purchase).
How to Obtain Warranty Service
If a product does not function as warranted during the warranty period, you may obtain after-sales service by contacting D1 Store or DJI’s local service center or through http://www.dji.com/au/support . You will need to provide a valid proof-of-purchase for the warranty service. Charges may apply for services not covered by this Limited Warranty such as a Paid Repair Service for items with User Error.
Please note that the warranty service is only available in the respective DJI service regions where you purchased your DJI product.
What will D1 do?
D1 will attempt to diagnose and resolve your problem by telephone, e-mail or online chat. D1 may direct you to download and install particular software updates.
If your problem cannot be resolved over the telephone or through the application of software updates, you may be required to deliver the product to D1 or DJI for further examination. Dependent on the time period, D1 or DJI will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty.
What this After-Sales Policy Does Not Cover
× Crashes or fire damage caused by non-manufacturing factors, including but not limited to, pilot errors.
× Damage caused by unauthorized modification, disassembly, or shell opening not in accordance with official instructions or manuals.
× Water damage or other damages caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals.
× Damage caused by a non-authorized service provider.
× Damage caused by unauthorized modification of circuits and mismatch or misuse of the battery and charger.
× Damage caused by flights which did not follow instruction manual recommendations.
× Damage caused by operation in bad weather (i.e. strong winds, rain, sand/dust storms, etc.)
× Damage caused by operating the product in an environment with electromagnetic interference (i.e. in mining areas or close to radio transmission towers, high-voltage wires, substations, etc.).
× Damage caused by operating the product in an environment suffering from interference from other wireless devices (i.e. transmitter, video-downlink, Wi-Fi signals, etc.).
× Damage caused by operating the product at a weight greater than the safe takeoff weight, as specified by instruction manuals.
× Damage caused by a forced flight when components have aged or been damaged.
× Damage caused by reliability or compatibility issues when using unauthorized third-party parts.
× Damage caused by operating the unit with a low-charged or defective battery.
× Uninterrupted or error-free operation of a product.
× Loss of, or damage to, your data by a product.
× Any software programs, whether provided with the product or installed subsequently.
× Failure of, or damage caused by, any third party products, including those that DJI may provide or integrate into the DJI product at your request.
× Damage resulting from any non-DJI technical or other support, such as assistance with “how-to” questions or inaccurate product set-up and installation.
× Products or parts with an altered identification label or from which the identification label has been removed.
Limitation of Liability
WHEN RECEIVING SERVICE, D1 / DJI IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN D1 / DJI'S POSSESSION OR IN TRANSIT, IF D1 / DJI IS RESPONSIBLE FOR TRANSPORTATION.
D1 / DJI IS NOT RESPONSIBLE FOR LOSS OR DISCLOSURE OF ANY DATA, INCLUDING CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR PERSONAL INFORMATION, CONTAINED IN A PRODUCT.
UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL DJI, ITS AFFILIATES, SUPPLIERS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS. IN NO CASE SHALL THE TOTAL LIABILITY OF DJI, ITS AFFILIATES, SUPPLIERS, RESELLERS, OR SERVICE PROVIDERS FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.
THE FOREGOING LIMITATION DOES NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY FOR WHICH DJI IS LIABLE UNDER LAW.
AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Warranty
TO THE EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, DJI DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE DJI ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN DJI LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIALS, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.
SHOULD SUCH WARRANTIES CANNOT BE DISCLAIMED, DJI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT DJI'S OPTION, THE REPAIR OR REPLACEMENT SERVICES PROVIDED IN THIS LIMITED WARRANTY.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.