2. Warranty | Undertakings

2.1 Flybotix shall warrant exclusively that Supplies are new and unused at the time of passing of the risk, correspond to Flybotix’ standards and to agreed technical specifications, if any, and that during the warranty period the Supplies are free from defects which are due to defective components or defective and/or inferior processing by Flybotix.

2.2 The warranty period is 12 (twelve) months from passing of the risk. Repair or replacement shall not prolong the original warranty period.

2.3 Flybotix shall make no representations of warranties or remedies whatsoever (a) for software supplied by Flybotix; (b) for Supplies which are delivered by Flybotix but manufactured by third parties; (c) for defects not solely caused by Flybotix; (d) if (i) deviations from the agreed specifications of the Supplies are unsubstantial or if a defect impairs the usability of the respective Supply only insignificantly; or (ii) defects are due to natural wear and tear, unforeseeable events or damage occurring after the passing of the risk, faulty or negligent treatment, unusual physical strain or electronic load, excessive use, misuse, incorrect use, neglect, use with unsuitable accessories, improper installation or packaging, installation not carried out by Flybotix, inappropriate building ground or particular external influences which are not explicitly stated in the contract as having an impact on Supplies or if they are due to repairs or alterations being carried out by any party other than Flybotix; or (iii) Supplies are modified by the Purchaser, the Purchaser’s customers or end users after the delivery by Flybotix or if possible seals of warranty were removed or altered by the Purchaser, the Purchaser’s customers or end users; or (iv) any defect or damage is attributable to Purchaser’s faulty design of the Supplies and/or any parts thereof or attributable to work which has been carried out in compliance with the requirements and specifications of the Purchaser; (e) with respect to prototypes, preproduction parts or test samples, as well as (f) in the case of any defect or damage which is attributable to supply parts, tools or test provided or made available by the Purchaser or manufactured or procured by Flybotix in accordance with the instructions of the Purchaser; the responsibility for the dimensional accuracy and the functionality of supply parts shall exclusively be borne by the Purchaser. Any defects recognized by Flybotix will be notified to the Purchaser.

2.4 Provided that a defect of a Supply is solely caused by Flybotix, Flybotix shall provide warranty in its sole discretion and sole remedy by repairing or replacing the Supply or by crediting or refunding its price. Flybotix’ liability and warranty with respect to any defect arising from any component shall be limited to the compensation and warranty received by Flybotix from the respective component supplier. Purchaser’s rights of cancellation, rescission and termination shall be excluded.

2.5 In the event of an epidemic failure, the Parties shall cooperate in order to identify its cause, the number of Supplies affected and the required measures. Epidemic failure in this meaning are defects with an identical root cause and which occur in more than 10% (ten per cent) of the Supplies of the past 6 (six) months, provided that the delivered minimum quantity of defective Supplies affected by the same epidemic failure exceeds 10 (ten) pieces within the warranty period. The total aggregate liability of Flybotix for epidemic failures shall not exceed the following: In the case of an epidemic failure, defective Supplies shall, in Flybotix’ sole discretion, cost and expense, and sole remedy, be repaired, replaced, credited or refunded. In the case of an epidemic failure, the liability of Flybotix shall in all cases be limited to 3% (three per cent) of the last 6 (six) months’ turnover realized by Flybotix for the respective Supply.

2.6 Delivery items complained about must be sent to Flybotix on request. As Supplies are replaced, replaced Supplies shall become the property of Flybotix unless Flybotix renounces to the transfer of ownership.