Limitations of Liability and Disclaimers

LIMITATION OF LIABILITY

IN NO EVENT SHALL BFD SYSTEMS BE LIABLE TO BUYER FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF SE8 OR FROM LOSS OF USE, DATA OR PROFITS (HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY), EVEN IF BFD SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BFD SYSTEMS LIABILITY FOR A PRODUCT (WHETHER ASSERTED AS A TORT CLAIM, A CONTRACT CLAIM OR OTHERWISE) EXCEED THE AMOUNTS PAID TO BFD SYSTEMS FOR SUCH PRODUCT. NOTWITHSTANDING ANYTHING HEREIN, IN NO EVENT SHALL BFD SYSTEMS LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY BUYER TO BFD SYSTEMS FOR PRODUCT IN THE LAST TWELVE (12) MONTHS. IN NO EVENT WILL BFD SYSTEMS BE LIABLE FOR COSTS OF PROCUREMENT OR SUBSTITUTE GOODS BY BUYER. THE LIMITATIONS SET FORTH HEREIN SHALL APPLY TO ALL LIABILITIES THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST BUYER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BFD SYSTEMS shall not be liable for damages or injuries incurred directly or indirectly from the use of BFD SYSTEMS including, but not limited to, the following situations:

  • Failure of operator to follow proper instructions and safety warnings found at www.BFDSYSTEMS.com.

  • Failure of the operator to understand and operate the aircraft within the operating limitations described in this manual.

  • Failure of the operator to follow onboard safety warnings while using BFD SYSTEMS aircraft.

  • Failure of the operator to follow and comply with local rules and regulations.

  • Failure of the operator to inspect BFD SYSTEMS aircraft and its components prior to operation.

  • Failure of the operator to properly maintain and/or service BFD SYSTEMS aircraft through an authorized BFD SYSTEMS Service Center with genuine parts.

  • Use of third-party products on BFD SYSTEMS aircraft.

  • Use of BFD SYSTEMS aircraft in a physically or mentally impaired capacity.

  • Use of BFD SYSTEMS aircraft without sufficient training.

  • Use of BFD SYSTEMS aircraft in unsafe conditions, including but not limited to, bad or severe weather, such as rain, wind, snow, lightning, dust storms, etc., or in areas of magnetic or radio interference, such as power stations, broadcasting and cell phone towers, government prohibited airspace, etc.

  • Improper operation, misjudgment or risky behavior while using BFD SYSTEMS aircraft.

  • Infringement of third party data, audio, or video rights recorded when using BFD SYSTEMS aircraft.

 

DISCLAIMER AND WARNING

IMPORTANT - Please read this disclaimer and warning carefully and review.

  • The SE-8  Aircraft  Flight  Manual  (AFM)  prior  to  flight. If you have any questions, please contact support@bfdsystems.com prior to using the SE-8. You can review the most current version of this AFM at www.bfdsystems.com/manuals

  • By using SE-8, you acknowledge that you have read, understand and agree to this disclaimer. You agree that you are solely responsible for your conduct while using SE-8, and for any direct or indirect consequences that may result from its use. You agree to only use SE-8 for proper purposes that are in accordance with local and airspace rules and regulations.

  • SE-8 is not a toy and should be operated with extreme care, as improper operation can cause damage to property, serious personal injury or death.

  • As with any multi-rotor aircraft, SE-8 is a complex and technical machine. New pilots should invest sufficient time on a flight simulator and seek training from an experienced pilot prior to operation. The SE-8 Aircraft Flight Manual and a flight simulator are no substitute for training with an experienced pilot, particularly when it comes to learning how to safely operate SE-8. Novice pilots should never fly without the supervision of an experienced pilot.

  • Always check SE-8 and its components prior to operation. 

  • Always maintain a safe distance from SE-8 when in use.

  • Never attempt to touch SE-8 when the propellers are moving.

  • Never fly SE-8 over or around people, power lines or other aircraft.

  • Never fly with any propellers that have visible imperfections or damage.

  • Always keep children and animals a safe distance away from SE-8 when in use and anytime the aircraft has power

  • Only use propellers supplied by BFD Systems that are designed for use on SE-8.

  • Always remove the propellers or power SE-8 using a low power source when making a change to the configuration of SE-8 to prevent propeller strikes in the event of unintentional motor starts.

  • Always test SE-8 with the propellers removed to make sure that the motors are spinning in the correct direction and that the motor assignment is correct with respect to the Pixhawk 2.1 flight controller. If you have either of these wrong, the SE-8 will be uncontrollable and dangerous.

  • It is your responsibility to perform a full system check of SE-8 prior to every flight.

  • It is your responsibility to learn how to safely operate SE-8 and to adhere to all applicable rules and regulations.

  • Fly at your own risk.

  • SE-8 is a tuned system with custom components selected for each application. Modification to, removal, or substitution of SE-8 components will void the warranty and can lead to unsafe operating conditions.

  • SE-8 is an industrial grade multi-rotor aircraft designed for demanding, mapping, industrial inspection, research, and photographic applications.  With a five minute set up time, SE-8can be assembled from its carrying cases to operational status with a payload.

  • This AFM has been prepared to describe the complete operation of airframe and flight control systems, and the normal maintenance of each specific system.  DO NOT operate the SE-8 without reading and understanding this manual.

  • This Manual is not a substitute for adequate flight training.  Training requirements may vary when operating in different countries, or flying conditions.  Always consult local regulations before flying BFD SYSTEMS aircraft.  In locations where no flight training or licensing requirements exist, it is the sole determination of the pilot in command as to whether he or she has the appropriate training or experience for a given flight.

BFD Systems – 2020