FlyStrong Protection Plan Terms & Conditions
“We”, “Us”, “Our”, and “Administrator” shall mean the obligor of this Protection Plan, FlyStrong LLC located at 1690 State Highway 8, Mt. Upton, New York 13809. You may reach Us at 1-888-792-7762.
“You”, “Your” shall mean the individual or entity who purchased this Protection Plan or the individual or entity to whom this Protection Plan was properly transferred in accordance with these Terms and Conditions.
The following terms are used in the Order Summary
- Protection Plan Price: The price You paid for this Protection Plan.
- Coverage Start Date: This is the date when coverage starts under this Protection Plan.
- Waiting Period: This is the amount of time, varying from zero (0) to thirty (30) days, between the Protection Plan purchase date and the Coverage Start Date, during which if any issues occur, they are considered pre-existing conditions and render the item ineligible for coverage under this Protection Plan. A Waiting Period applies to Protection Plans purchased for refurbished items and Protection Plans purchased subsequent to the purchase of Your Covered Product. Any applicable Waiting Period does not affect Your coverage under any manufacturer’s warranty. If during the Waiting Period a pre-existing condition renders the item ineligible for coverage We will cancel Your Protection Plan and provide You with a full refund of the Protection Plan Price.
- Coverage Term or Term: This is the years of coverage, varying from one (1) to five (5) year(s), You receive under this Protection Plan, starting on the Coverage Start Date which begins after any Waiting Period. The Protection Plan is inclusive of any US manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. The Term of this Protection Plan is extended for the duration of any time that the item is being repaired under this Protection Plan.
- Payment Plan: The payment schedule that you agree to upon purchase of this Protection Plan.
- Covered Product or Product: The product or type of product covered by this Protection Plan.
- Coverage Amount: The purchase price of the Covered Product.
- Coverage Type: This defines the level of coverage You purchased, such as whether Your Protection Plan includes Optional Coverage, such as Accidental Damage from Handling (ADH) coverage.
- Deductible: The applicable deductible, if any, for claims.
2. COVERAGES AND TERMS:
This Protection Plan will cover mechanical or electrical failure of the Covered Product(s) in subsections below during normal usage for the Term of this Protection Plan. This Protection Plan is inclusive of any manufacturer’s warranty that may exist during the Coverage Term. It does not replace the manufacturer’s warranty, but provides certain additional benefits during the term of the manufacturer’s warranty. Replacement parts will be new, rebuilt or non-original manufacturer’s parts that perform to the factory specifications of the product at Our sole option.
This Protection Plan does not cover repair or replacement of Your Product for any of the causes or provide coverage for any losses set forth below in Section 9, “WHAT IS NOT COVERED.” Specific details about Your coverage under this Protection Plan are provided in the Order Summary. For online assistance, visit www.FlyStrong.com and select the Support option.
- This Protection Plan provides coverage for parts and labor costs to repair or replace Your Product where the problem is the result of a failure caused by:
- Normal wear and tear;
- Accidental damage from handling (ADH), such as damage from drops, spills and liquid damage associated with the handling or use of Your Product;
- One (1) battery repair or replacement, when the original rechargeable battery is defective as determined by Us and at Our sole discretion if the optional battery coverage is purchased. We may require You to return Your original defective battery to Us to receive a replacement battery;
- Damaged or defective buttons or connectivity ports located on Your Product;
- Dust, internal overheating, internal humidity/condensation;
- Defects in materials or workmanship;
- Operational failure.
3. OPTIONAL COVERAGES:
- A. BATTERY COVERAGE:
If You were offered and elected to include Battery Coverage on Your Product, Your Protection Plan shall also include up to one (1) battery repair or replacement during the first one (1) year of the Coverage Term, when the original rechargeable battery is defective as determined by Us and at Our sole discretion. We may require You to return Your original defective battery to Us to receive a replacement battery. Battery Coverage is only available for Covered Products that are new or newly manufacturer refurbished.
4. WHAT TO DO IF A COVERED PRODUCT REQUIRES SERVICE:
File a claim online at www.FlyStrong.com by logging on and using your account. If you need assistance we can be reached at 1-888-792-7762. We will attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, You will be directed to an authorized service center or to send Your Product to Us.
5. HOW WE WILL SERVICE YOUR PRODUCT:
Depending on the Product and failure circumstances, We will either, at Our discretion:
A. Repair Your Product, or;
B. Provide a cash settlement or a Gift Card reflecting the replacement cost of a new product of equal features and functionality up to the Coverage Amount (Deductible Applies), or;
C. Replace Your Product with a product of like, kind, quality and functionality (Deductible Applies).
|DJI Mavic Pro||$350|
|DJI Phantom 4||$350|
|DJI Phantom 3 PRO||$350|
|DJI Phantom 3 4K||$250|
|DJI Phantom 3 Advanced||$350|
|DJI Phantom 3 Standard||$250|
|DJI Inspire 1 Raw||$500|
|DJI Inspire 1 Pro||$475|
|DJI Inspire 1 V2||$450|
|DJI Inspire 2||$475|
6. PLACE OF SERVICE:
We will provide a free prepaid shipping label to one Our authorized service center for repair, replacement or settlement. You will be responsible for safe packaging and shipment of Your Product. If, upon inspection, Your Product is determined to have experienced a failure which is covered by Your Protection Plan, We will service Your Product, in accordance with Section 5, “HOW WE WILL SERVICE YOUR PRODUCT”, within five (5) business days of our authorized service center’s receipt of Your Product. If We fail to repair, payout or replace Your Product within five (5) business days of receiving it, We will continue to service Your Product and the cost of Your Protection Plan will be refunded to You at Your request. If the authorized service center determines Your Product is in working condition or is not covered by Your Protection Plan, We will return Your Product to You or dispose of it at Your request.
7. LIMIT OF LIABILITY:
The total amount that We will pay for repairs or replacement made in connection with all claims that You make pursuant to this Protection Plan shall not exceed the Coverage Amount. In the event that We make payments for repairs or replacements, which in the aggregate, are equal to the Coverage Amount, or if We provide a cash settlement reflecting the replacement cost of a new item of equal features and functionality, then We will have no further obligations under this Protection Plan.
WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PROPERTY DAMAGE, LOST TIME, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR EQUIPMENT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.
8. YOUR RESPONSIBILITIES:
A. Provide Us with a complete copy of proof of purchase, and flight logs showing the aircraft was in good working order. You can send Us a digital copy through www.FlyStrong.com and We can store it for You or You can provide such proof of purchase at time You make a claim.
B. Purchase the correct FlyStrong Protection Plan for Your Product based on condition, price or purchase location.
C. Properly maintain, store and use Your Product according to the manufacturer instructions.
9. WHAT IS NOT COVERED:
A. Any and all pre-existing conditions that occur prior to the Coverage Start Date of this Protection Plan;
B. Intentional damage;
C. Lost, stolen, or irretrievable items;
D. Any product that is fraudulently described or materially misrepresented;
E. Maintenance, repair, or replacement necessitated by failure to properly clean, maintain or lubricate the product per the manufacturers recommendations;
F. Defects due to the initial installation, assembly or hookup of Your Product;
G. Cases wherein the manufacturer acknowledges the existence of a valid manufacturer’s warranty and denies a claim against the manufacturer’s warranty;
H. Claims made under any improperly or incorrectly purchased Protection Plan;
I. Cosmetic damage to case or cabinetry or other non-operating parts or components which does not affect the functionality or the covered product;
J. Product(s) with removed or altered serial numbers;
K. Manufacturer defects or equipment failure which is covered by manufacturer’s warranty, manufacturer’s recall, or factory bulletins (regardless of whether or not the manufacturer is doing business as an ongoing enterprise);
L. Failures related to shipping damage, cleaning, preventive maintenance, “No Problem Found” diagnosis, intermittent and non-intermittent issues that are not product failures(such as poor RC Link do to local RF Environment);
M. Items sold in a private sale(e.g. flea market, yard sale, estate sale, craigslist).
10. NO LEMON POLICY:
If Your Covered Product has two (2) service repairs completed for the same problem, and a third (3rd) repair is needed for the same problem, within any twelve (12) month period, the Covered Product will be replaced with a comparable product or a cash settlement will be provided. The cost of the replacement will not exceed Your Product’s original purchase price. This does not cover identical problems caused by mechanical damage.
11. FREE SHIPPING:
This Protection Plan covers all shipping charges to authorized service centers during the Coverage Term, you will be responsible for shipping the aircraft to the service center.
12. TRANSFER OF SERVICE AGREEMENT:
This Protection Plan may be transferred at no charge. To transfer this Plan log in to www.FlyStrong.com, or contact Us 1-888-792-7762.
You may cancel this Protection Plan for any reason at any time. To cancel it, log in to FlyStrong.com or contact Us 1-888-792-7762. If You cancel this Protection Plan within the first thirty (30) days after purchase of this Protection Plan You will receive a 100% refund of the purchase price of the Protection Plan or Payments Received. If You cancel after the first thirty (30) days from purchase of this Protection Plan, You will receive a pro rata refund based on the time remaining on Your Protection Plan if You paid for the plan in full. No fees or past claims shall be deducted from the refund and the refund will be sent to You within ten (10) business days from the cancellation request or else a ten percent (10%) penalty per month shall be applied to the refund.
We may cancel this Protection Plan at Our option on the basis of nonpayment, fraud, or material misrepresentation by You. If We cancel Your Protection Plan, You will receive a pro rata refund. If this Protection Plan was inadvertently sold to You on a product which was not intended to be covered by this Protection Plan, We will cancel this Protection Plan and return the full purchase price of the Protection Plan to You. Written notice which includes the effective date of cancelation and reason for cancellation, will be mailed to You at least 30 days prior to termination. If We cancel this Protection Plan for nonpayment then We will provide notice at time of cancelation.
Any controversy or claim arising out of or relating to this Protection Plan, or breach thereof, will be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and shall be conducted in Albany, New York. Under this Arbitration provision, You and We both give up the right to resolve any controversy or claim arising out of or relating to this Protection Plan by a judge and/or a jury. Prior to filing any arbitration, You and We jointly agree to seek to resolve any dispute between us by mediation conducted by the AAA, with all mediator fees and expenses paid by Us. If You are successful in obtaining an arbitration award against us greater than $500, We agree to pay all arbitrator fees and expenses.
You and We also agree not to participate as a class representative or class member in any class action litigation, any class arbitration or any consolidation of individual arbitrations against each other. The laws of the state of New York (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Protection Plan and all transactions contemplated by this Protection Plan, including, without limitation, the validity, interpretation, construction, performance and enforcement of this Protection Plan. A judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties specifically agree to the binding nature of the arbitration.
15. ENTIRE CONTRACT:
Unless amended by the State Specific Provisions or revised by Us with at least thirty (30) days advance written notice to You, this Protection Plan sets forth the entire contract between the parties.