General Terms and Conditions
QuadX India Aerial Systems is a proprietary concern that is primarily engaged in the business of re-sale, repair and maintenance of aerial drones and its accessories. The terms and conditions set out herein govern the conditions of service offered by M/s QuadX India Aerial Systems (“QuadX”) to its customers. These Terms and Conditions set out the rights and obligations of QuadX vis-à-vis its customers and vice versa. By placing an order with QuadX, the customer agrees to be bound by these terms and conditions.
These terms and conditions set out herein expressly limit acceptance to these terms and any additional, different or inconsistent terms proposed by Customer, whether in writing or otherwise, are hereby rejected. QuadX shall not be bound by any other terms unless expressly agreed in a writing signed by QuadX stating that such terms shall supersede those stated herein. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1. Scope:
QuadX is an intermediary that is primarily involved in purchase of aerial drones and their accessories (“Products”) from SZ DJI Technologies Ltd. (“DJI”) based in Shenzen, China and offers the products on re-sale to its customers. QuadX is also engaged in the business of providing after sales service in the form of maintenance and repair of the drones.
2. Products:
QuadX being an intermediary, shall not be liable for any defects that may be noticed in the products. Complaints regarding any deficiency or defects in the products sold may be directly submitted to the original equipment manufacturer i.e. DJI. The customer accepts that QuadX shall not be liable for rectification of the defects. No claim can be instituted by the Customer against QuadX for any defect in good or deficiency in services in the products manufactured by DJI.
3. Pricing:
The price of all products shall be based on the original pricing terms set by DJI and shall also be subject to adjustment by QuadX on account of specifications, quantities, shipment costs or other conditions, which are not part of the original price quotation. Customer acknowledges pricing is likely to increase from time to time. Customer acknowledges all quotes expire in 30 (thirty) days unless otherwise written in formal agreement between QuadX and customer.
4. Payment:
All payments are required to be made by the customer in Indian National Rupees (INR). The customer shall make full payment at the time of placing order for the products. The payment may be made by the customer by any of the following modes – i) Cash, ii) Debit Card, iii) Credit Card iv) UPI Transaction v) Net Banking.
The customer shall pay each invoice without regard to other deliveries. Customer shall pay all amounts indicated on each invoice without set- off for any amount Customer may claim due from QuadX and regardless of any controversy that may exist. Customer acknowledges that time is of the essence. QuadX shall deliver the products to the Customer only upon full payment of the invoice. QuadX shall have the right to retain/take back the products in the event of partial payment of invoice.
5. Taxes:
Prices quoted or accepted are exclusive of Goods and Services Tax (“GST”) levied by the Central and State Governments, excise, use, occupational or like taxes, tariffs, customs, and all export duties and other fees and export costs. These taxes, fees and charges are Customer's sole responsibility. Prices are subject to increase by the amount of any of these taxes, fees or charges which QuadX pays or is required to pay or collect on sale or delivery of a product and or service.
6. Cancellation:
Customer may not cancel, reschedule or modify an order once placed. The Company shall reject any request to cancel, reschedule or modify any order.
7. Return:
Customer has no right to return a product once purchased on any ground whatsoever. QuadX is not required to accept any return unless Customer requests the same in writing and QuadX consents in writing to accept the return of the product. In the event the customer’s request for return is acceded to, the customer would be entitled to refund of the amount paid subject to 20% (Twenty Percent) deductions as restocking fee that may be made by QuadX towards costs incurred and also subject to the condition that the product is in the original condition and unopened.
8. Shipment:
The customer shall bear all additional shipment costs over and above the price of the products. The products will be shipped by third party shipping agents. QuadX shall not be liable for any loss or damage to the products that may occur during shipping. Title to product and risk of loss or damage in transit or after passes to the Customer. Accordingly, Customer must obtain insurance against damage in shipment or after. Product held or stored by QuadX for the Customer shall be at the sole risk of Customer. Customer shall pay all expenses QuadX incurs to hold or store product at Customer's request Shipping dates are approximate. QuadX is not obligated to ship or deliver by a particular date. Further QuadX will schedule products for shipment according to internally applicable shipment sequence. QuadX is not liable for delay, from whatever cause, in shipment or delivery.
9. Maintenance and Service:
QuadX also offers maintenance and after sales services for the products sold by DJI including but not limited to maintenance and repair of drones and accessories. The customer accepts and acknowledges that any after sales/maintenance service offered by QuadX shall be subject to relevant charges as may be levied by QuadX based on the nature of work required to be carried out. Any after sales service provided by QuadX during the warranty period of the product shall also be subject to charges as may be levied by QuadX. It is further clarified that any repair or maintenance work carried out by QuadX shall not be accompanied by an independent warranty for the repair or maintenance work carried out.
10. Liability:
The products sold by QuadX conforms to DJI material written Specifications for the product; and is free from material defects in material and workmanship. QuadX shall not be liable for incorrect: (i) storage; (ii) installation; (iii) use; (iv) maintenance; (v) service; or (vi) repair by Customer, or any form of alteration, misuse, neglect, abuse or accident affecting the product. QuadX makes no representations or warranties concerning coverage or the distance at which usable radio signals will be transmitted and received by the products supplied hereunder, or that services will be uninterrupted or error free. QuadX does not warrant that the functions contained in the products will meet Customer's specific requirements.
11. Warranty Claim:
Warranty terms as specified by DJI are applicable in respect of the products sold. Any customer who seeks to enforce a claim for warranty must do so directly with the original manufacturer i.e. DJI Ltd. QuadX shall not provide any support reading warranty claims. QuadX shall not be liable for any issue that may arise in respect of warranty claims. In the event a warranty claim is raised against DJI, the Customer shall bear the costs of packaging, shipping, govt duties and taxes that may be levied on the product.
The terms and conditions of warranty claim as set out by DJI may be accessed on their website https://www.dji.com/service/policy
12. Disclaimer:
No personnel or representative of QuadX is authorized to make or accept any warranty about a product. Oral or written statements by any QuadX personnel or representative, including via email, do not constitute a warranty, do not bind or obligate QuadX and are not part of these terms. Customer acknowledges that it has not relied on any warranty or representation by any person or entity except for the warranties or representations specifically stated herein.
13. Intellectual Property:
No representation is made that a product or its manufacture, distribution, sale or use is free from infringement or misappropriation of any patent, trademark, trade name, copyright, trade secret or other claimed rights of any person or entity. Customer releases QuadX from and in respect of any and all claims by, against or through Customer, for any such alleged or actual infringement or misappropriation. Unless QuadX has agreed otherwise in writing, Customer has no right to use any of QuadX trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Customer agrees that Customer shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be contained within the products. 1
14. Sale Does Not Convey License:
A product sale does not purport to convey any license concerning any intellectual property rights of either DJI or QuadX regarding any invention. No manufacture to Customer's specifications entails ownership by or conveyance to Customer of any property right in any invention or product.
15. Confidential Information:
Information provided by the Customer to QuadX is deemed to be non-confidential, and QuadX is not obligated to treat as confidential any information that Customer provides to QuadX, unless there is a separate, express agreement providing for confidentiality.
16. Delay In Delivery And Force Majeure:
QuadX shall not be liable for any delay in shipment; failure to meet quoted delivery date(s) or delay in performance. QuadX shall have the right to indefinitely postpone delivery due to unforeseen circumstances or a cause beyond its control including but not limited to act of God, terror, war, riot, embargo, act of civil or military authority; flood, cyclone, accident, strike, transportation delay, shortage or disruption in material or supply, excessive demand for product over available supply, interruption for any reason in manufacture of product by DJI or other cause not within QuadX’s control, whether of the class described above or not.
17. No Waiver:
Failure by QuadX to enforce at any time any provision of these terms, or to exercise any election or option, shall not be a waiver and shall not be construed as a waiver of the provision or option, nor be construed to affect validity of these terms or any part, or QuadX’s right to enforce each and every such provision.
18. Governing Law And Jurisdiction:
The parties acknowledge and agree that All questions pertaining to validity, construction, execution and performance of these terms shall be interpreted, construed and governed in English according to the laws of India. Any disputes arising out of the terms and conditions herein shall only be subject to the jurisdiction of courts in Udupi District, Karnataka.
19. Severability:
Whenever possible, each provision or portion of any provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any of these terms is held void or unenforceable, it shall be deemed to be severed, and every other provision shall be enforced as if the void or unenforceable term was never part of these terms.
20. Indemnification:
QuadX does not indemnify, nor agree to defend or hold Customer harmless, against any liability, loss, damage or expense (including attorney's fees) relating to any claim whatsoever, including without limitation, a claim for personal injury, death or property damage.
21. Import And Export:
Customer shall, at its own expense, pay for all import and export licenses and permits, customs charges and duty fees, and take all other actions required to lawfully accomplish the export and import of products purchased by Customer. Customer warrants it will comply in all respects with the export and re-export restrictions set forth in the export license for every product shipped to Customer.
22. Compliance With Law:
The Customer is solely responsible for obtaining and complying with any necessary permits and licenses from the concerned central, state or local governmental authority, related to the purchase, installation, erection and operation of any products purchased hereunder.
23. Use of Customer's Name:
QuadX may use a Customer's name and may disclose that the Customer is a purchaser of QuadX’s products or services. Such public disclosures shall not indicate that Customer endorses QuadX’s products without prior written permission from the Customer.
24. Changes to Terms and Conditions of Service:
The latest terms and conditions of service shall be made available on the official website of QuadX at www.quadxdrones.com. QuadX reserves the sole discretionary right to alter the any and all provisions of the terms and conditions of service as and when it deems it necessary. It shall be deemed that a Customer has read and understood the latest terms and conditions of service of QuadX prior to making a purchase and QuadX shall not be liable for a Customer’s ignorance of the terms and conditions of service after an order has been placed. Whenever an order is placed by a Customer subsequent to the modifications or alterations in the terms and conditions of services carried out by QuadX, it shall be deemed that the Customer has read, understood and consented to be bound by the altered terms and conditions of service.