1. Acceptance: Inspiring Sky Ltd., operating under the registered trade name Inspiring Sky, acknowledges orders through written Purchase Orders, website orders, or acceptance of quotations that specify Inspiring Sky part numbers or detailed special requirements.
A Purchase Order should reference the valid quotation number issued by Inspiring Sky Ltd. All orders are subject to acceptance by Inspiring Sky Ltd. Submission of a Purchase Order implies acceptance of Inspiring Sky’s Terms and Conditions of Sale, as outlined herein and in any provided Quotation.
These Terms and Conditions supersede any conflicting provisions in the Buyer’s Purchase Order. Production of the order commences only upon receipt of payment as per the agreed prepayment conditions.
2. Product Specifications: The specifications outlined on the Inspiring Sky website, literature, or in any written quotations are intended to be precise. Nevertheless, Inspiring Sky retains the right to modify specifications and does not assert suitability of its products for any specific intended purpose.
All vehicle specifications are based on EU models. In cases where vehicles are ordered outside of the EU, the non-EU version of the model will be dispatched. Non-EU models are designed to adhere to EU export regulations.
3. Purchaser’s Property: If the Purchase Order includes work to be done on property or material supplied by the Purchaser, Inspiring Sky shall not be liable for any loss or damage to the Purchaser’s property during Inspiring Sky’s manufacturing process, unless the loss or damage was the result of the negligence or other willful act on the part of Inspiring Sky.
4. Pricing: Published prices are subject to change without notice. Failure to object to the price change on a custom order after notice shall be deemed acceptance of the price change. Prices do not include freight, duty, insurance fees, and export licenses if required, unless otherwise specified. Prices quoted are exclusive of any state or local excise, sales, use, VAT, personal property, or any other tax. Prices quoted are held for 30 days, unless otherwise stated.
5. Delivery: Any product ordered or shipped outside of the EU will be modified to comply with EU export regulations. If applicable, an EU Export label will be added to the invoice. When added, the product is modified to remain within the conditions as not to qualify as a “Dual-Use” product in accordance with EU regulations.
An estimated delivery date will be specified upon acceptance of the order. After acceptance of an order, Inspiring Sky 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 property or material to be supplied by the Purchaser does not arrive by the date mutually agreed to by the parties. Inspiring Sky is not responsible for any consequential damage caused by late delivery.
Inspiring Sky will notify the Buyer of any anticipated delay in delivery. Inspiring Sky reserves the right to ship ahead or reschedule unless the Buyer specifies otherwise.
6. Shipping Terms; Insurance: Inspiring Sky assures proper packaging and will ship by any method selected by Inspiring Sky, unless otherwise specified in the Buyer’s Purchase Order.
An estimate of shipping and handling charges are prepaid and added to the Buyer’s invoice. If additional costs are incurred to ship the products to the shipping address and no reasonable alternative can be found, these costs will be charged to the Buyer, who accepts these charges. Inspiring Sky may, in its discretion, provide insurance for the shipment, unless specifically requested to provide insurance by the Buyer in the Purchase Order.
Any insurance requested shall be prepaid by the Buyer or added to the Buyer’s invoice. Inspiring Sky shall not be liable for loss or damage to the goods after delivery of the product to a common carrier.
7. Terms of Payment: Orders for delivery to Buyers must be fully prepaid in the currency specified in the quotation. Inspiring Sky only accepts bank wire transfers or PayPal payments. For PayPal payments, an additional fee of 5% is charged. If any down payment has been agreed, the remainder payment must be fulfilled before the goods will ship.
Payments are non-refundable and remain valid for 6 months. Failure to complete the remainder payment, or to comply with any action required for completion or delivery of the product within 6 months will void the order without the right for restitution of payment.
8. Warranties: Equipment warranty is applicable only when operated and maintained in accordance with the operation manual.
All warranties apply only to the first end user of the product. This warranty applies only to hardware products manufactured by or for Seller that can be identified by the Seller’s trademark, trade name, serial number, or logo affixed to them.
The warranty does not apply to any non-Seller hardware products or any third-party software, even if packaged, integrated with, or sold with Inspiring Sky hardware. In some cases, manufacturers, suppliers, or publishers, other than Seller (“third party providers”) may provide warranties to the end user purchasers. Product-specific warranty conditions are listed on the product’s Warranty page on the Inspiring Sky website.
9. Vehicle Provisions: Buyer accepts all responsibility for damage and loss caused during the operation of the product.
Parts and/or goods damaged during operation will not be covered by warranty unless such damage was caused by a manufacturing defect of such parts and/or goods by the Seller. Any flight accident must be reported within 72 hours by the Buyer on an Inspiring Sky incident reporting form and provided together with the requested log files and video files (if applicable) and any other information mentioned in the Inspiring Sky accident reporting form and related to that accident.
If the report and information are not provided within the required timeframe, Seller reserves the right to decline to provide Warranty service. In the event that the Buyer is found to have provided incorrect or altered data, or engaged in any other behavior intended to deceive the Seller, the Seller may decline to provide Warranty service.
Seller will allocate reasonable resources to investigate the cause of the accident and provide the Buyer with feedback on the root cause.
Failure to provide valid log files and requested documents automatically absolves Inspiring Sky of any responsibility for the incident.
Should the incident or accident analysis require more than five (5) hours of labor from Inspiring Sky, the Buyer agrees to compensate for the additional labor at a standard rate of 100 EUR/hour.
If the incident or accident was caused by operator error, exceeding operational limits, operator negligence, or failure to follow procedures outlined in the product documentation, the Buyer agrees to cover the investigation costs at the manufacturer’s standard rate of 100 EUR/hour, plus any additional expenses such as engineering tests, flight tests, and engine tests.
Regardless of the root cause of the incident or accident, if the product needs to be sent to Inspiring Sky for investigation, the Buyer agrees to cover all shipping expenses to and from Inspiring Sky, including any packaging expenses.
This warranty does not extend to any product if it is determined that the Buyer did not follow the product’s operational and maintenance manuals, which may have led to the incident or accident.
The warranty is applicable only to Seller’s products returned and received by Seller within the product’s warranty period and determined to be defective within the terms of this warranty. Seller’s obligations for applicable warranty returns are limited to repair, replacement, or refund of the purchase price, at Seller’s sole discretion.
Seller shall bear reasonable return shipping costs of items returned under Warranty. If Seller determines that returned items are not eligible for warranty repair, Buyer shall be responsible for all shipping costs and all costs of tests, evaluation, and repairs necessary for repair or replacement. If Buyer requests expedited delivery of items returned under Warranty, Buyer agrees to cover the difference between standard and expedited shipping methods.
Repaired or replaced items are warranted for a period equal to the greater of either 90 days or the unexpired portion of the original warranty period as of the date of notice to Seller of the warranty failure.
This warranty does not extend to any product subjected to misuse, abuse, neglect, accident, improper installation, improper operation, use, operation, or exposure to conditions in violation of Seller’s instructions, or which has been repaired or altered by Buyer or persons other than Seller.
Additionally, this warranty does not cover any testing or operation exceeding the item product specifications.
It is important to note that the specifications of a product may vary from the published specifications depending on various factors, including installation methods, mounting and platform characteristics, operator skills, other equipment used, and environmental conditions.
No product shall be deemed defective due to normal wear and tear, impact of environmental variables, or Buyer’s failure to properly store, secure, install, operate, or maintain the products in accordance with good industry practices or specific recommendations or instructions of the Seller.
10. Support Services: Nothing within these Terms and Conditions shall be interpreted as obligating Inspiring Sky to provide support services to the Buyer.
Support services from Inspiring Sky will be rendered to the Buyer solely in accordance with a separate agreement.
11. Proprietary Rights: Inspiring Sky shall retain all rights to technical data and information, whether patentable or not, arising from or evolving as a result of the manufacture of products meeting the Buyer’s specifications.
The Buyer agrees not to assert any patent rights against Inspiring Sky, the scope of which is encompassed within the manufacture of products delivered by Inspiring Sky herein, and which relate to an invention made by or for the Buyer subsequent to the delivery date of the product.
The Buyer warrants that the use of any product purchased from Inspiring Sky shall not infringe upon the proprietary rights of third parties. If the Buyer has acquired a Custom product, they further warrant that they hold proprietary rights to the specifications provided to Inspiring Sky, and that no third party has any proprietary claim to said specifications beyond what may exist in the public domain.
12. Intellectual Property: Seller retains sole and exclusive ownership of all intellectual property rights contained in the Goods. No rights of any kind are granted to the Buyer.
13. Reverse Engineering: The Buyer shall not engage in reverse engineering, decompiling, deconstructing, disassembling, synthesizing, or extracting any element of or otherwise discovering any Confidential Information.
Furthermore, the Buyer shall not request nor accept any disclosure of confidential information or intellectual property from a third party who engages in reverse engineering, decompiling, deconstructing, disassembling, synthesizing, or extracting any element of or otherwise discovers any Confidential Information.
The Buyer shall not reproduce any of Seller’s products or content.
14. Reselling: Unless explicitly granted written permission by Inspiring Sky, the Buyer shall not publish, sell, or otherwise make available Seller’s products to third parties.
If written permission is granted to resell products purchased from Inspiring Sky, the Buyer agrees to refer to these products by the product name assigned by the Seller.
15. EU Sanctions: No Export to Russia:
a. The Purchaser shall not sell, export, or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this Agreement that fall under the scope of Article 12g of Council Regulation (EU) No 833/2014.
b. The Purchaser shall make reasonable efforts to ensure that the purpose outlined in paragraph (1) is not undermined by any third parties further down the commercial chain, including possible resellers.
c. The Purchaser shall establish and maintain an adequate monitoring mechanism to detect conduct by any third parties further down the commercial chain, including possible resellers, that would undermine the purpose outlined in paragraph (1).
d. Any violation of paragraphs (1), (2), or (3) shall constitute a material breach of an essential element of this Agreement, and Inspiring Sky shall be entitled to seek appropriate remedies, including termination of this Agreement.
e. The Purchaser shall promptly inform Inspiring Sky of any issues in applying paragraphs (1), (2), or (3), including any relevant activities by third parties that could undermine the purpose of paragraph (1). The Purchaser shall provide Inspiring Sky with information regarding compliance with the obligations under paragraphs (1), (2), and (3) within two weeks of a simple request for such information.
16. Software License: All software provided with the Goods is proprietary to Seller or Seller’s suppliers. Seller grants the Buyer a limited, non-exclusive, revocable license to use the software for its intended purposes only through and in conjunction with the Goods.
The Buyer agrees that title to any software remains solely with Seller.
The Buyer may transfer this license if transferring the Goods, provided that the transferee agrees to comply with the restrictions of this license.
17. Disclaimer: Inspiring Sky is not liable or responsible for the usage of the product that has been modified or altered, or to which anything has been attached without the prior authorization or approval of Inspiring Sky.
The Buyer shall be solely responsible for the operation of the product in accordance with federal, state, or local laws and regulations related to UAV systems, flight rules, and regulations.
18. Insurance: The Buyer shall procure and maintain full liability insurance for all products purchased from Inspiring Sky.
19. Governing Law: This agreement shall be governed by and construed in accordance with applicable laws.