Terms of service

Watts Innovations, Inc. Terms and Conditions

By purchasing our products, Buyer agrees to all terms and conditions as listed here in the Terms of Service.

APPLICATION:

1. These Terms and Conditions (“Terms”) apply to the purchase of any and all products detailed in a quotation from Watts Innovations, Inc. (“Watts”) to a Buyer. The issuance of payment from a Buyer to Watts constitutes acceptance of these Terms.
2. Wattsinnovations.com (the “Site”) is comprised of various web pages operated by Watts. The Site is an e-commerce Site. Watts specializes in the sale of custom industrial drones and related products (the “Products”.)

ELECTRONIC COMMUNICATIONS:

Visiting the Site or sending emails to Watts constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirement that such communications be in writing.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES:

1. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Watts and Watts is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Watts is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Watts of the site or any association with its operators.

1. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Watts may share such information and data with any third party with whom Watts has a contractual relationship to provide the requested product, service or functionality on behalf of Watts’ users and customers.

PRODUCT:

A description of the Products is set out in a quotation provided to the Buyer by Watts. By accepting the quotation, Buyer acknowledges and accepts the specifications of the individual Products as set forth in the quotation.

PRICE QUOTE:

The price of the Products is set in the written quotation on the date issued and is valid for 30 days, or as otherwise provided in the quotation. Verbal quotations are provided as a guidance only and are subject to change when a written quotation is requested and provided.

PAYMENT:

1. Method of Payment - Payment may be made by wire transfer or credit card. Buyer is responsible for all fees unless otherwise provided in the quotation. All payments must be made in U.S. Dollars (USD).
2. Payment Terms - Unless otherwise agreed, the Products will not be shipped until payment is received in full.
3. Buyer is responsible for all shipping and any applicable sales taxes related to the order.

SHIPPING & DELIVERY:

1. Watts will ship the Products to the address specified in the quotation or to any other location agreed upon by Watts and Buyer in writing.

1. Watts will test fly the Products to ensure all systems are working properly. Once the Products have been flown and flight-worthiness is demonstrated, the Products will be shipped to the Buyer in a fully operational state. All Products will be insured for $10,000 and shipped via FedEx ground, unless otherwise agreed upon by the Buyer and Watts in writing. The risk of loss or damage is passed to the Buyer upon delivery of the Products to the shipping carrier. Alternatively, Buyer may arrange for in-person pick-up at our location in Baltimore, Maryland.

1. Delivery dates are estimates only and Watts will notify Buyer of any anticipated delays in delivery. Watts is not liable for any delay in delivery that is caused by extraordinary circumstances or Buyer’s failure to provide Watts with adequate delivery instructions.

1. Buyer is responsible for importation fees and requirements when shipping to any non-U.S. countries.

INSPECTION AND ACCEPTANCE OF PRODUCTS:

1. Buyer is responsible for inspecting the Products upon delivery and must inform Watts of any damage within seven days of delivery of Products.

1. If damage is identified by Buyer upon delivery, the Products may be returned and Watts will provide appropriate repair or replacement of the damaged part(s).

1. Watts is not liable nor obligated to repair the Products if:

1. The Buyer fails to provide notice within the time specified above;

1. The Buyer uses the Product after giving notice of damage;

1. The damage and/or defect arises from misuse or alteration of the Products, negligence, willful damage or any other act caused by the Buyer, Buyer’s employees or any other third parties.

WARRANTY:

1. Watts Innovations will honor a 30-day warranty period from the date of delivery of the Products to Buyer (“Warranty Period”) for any damaged or broken part. If any part or component of the Products arrives broken, does not work properly, or is damaged in any way, Buyer must notify Watts within seven days as set forth above to receive a replacement part. Extended warranties are available for purchase upon request. Please contact Watts directly for any warranty service. This warranty covers any defects in material or workmanship under normal use during the Warranty Period.

1. During the Warranty Period, Watts will repair or replace at no charge to Buyer parts or components of the Products that are defective due to improper material or workmanship under normal use and maintenance. This warranty does not cover any replacement of parts due to improper use, operations outside the recommended conditions, negligent operation, or the misuse of any Products. If any Products and/or any peripheral item are damaged due to manufacturer's defect within the Warranty Period, Watts will replace the damaged items at no cost, in accordance with the manufacturer's warranty. This does not include any accessory or peripheral item which may be attached to the Products. At no time will Watts Innovations be held liable for any damage to any peripheral or additional items that the Buyer chooses to attach to the Products, which may include cameras, gimbals, and sensors, among others.

1. Products that are covered under the Warranty Period include: airframe, flight controller, radio controller, motors & ESC’s, FPV camera & receiver, batteries, propellers, propeller hubs.

1. Watts does not guarantee the availability of any exact replacement part. If a certain part becomes discontinued, Watts in its sole discretion will provide Buyer with a similar part if needed. Watts reserves the right to use new and or refurbished parts in order to repair Products.

RETURNS:

Pre-Orders of any products may be refunded at any time up until the product has been shipped. Watts Innovations chooses the right to apply a 10% service fee for any refunded order, should they see it fit.

Watts does not accept returns of their Products once they have shipped to customers.

DISPUTES:

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A BINDING ARBITRATION CLAUSE THAT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM(S).

1. Any dispute or claim between you and Watts arising in any way out of the use of the Site or any Products purchased from the Site will be resolved by BINDING ARBITRATION, rather than in a court. This obligation applies to both parties, regardless of the legal theory or cause of action involved (tort, product liability, misrepresentation, negligence, etc.). Both Buyer and Watts agree to waive the right to bring a lawsuit to be decided by judge or jury regarding any such claims or disputes, and instead agree to have such claims or disputes resolved by an arbitrator.
2. The arbitrator shall be agreed upon by the parties and the arbitration shall take place in Harford County, Maryland in accordance with Maryland law.
3. If the parties cannot agree on a mutually acceptable arbitrator, the arbitration will be conducted through the American Arbitration Association ("AAA") and in accordance with its rules. The AAA’s rules are available to view at https://www.adr.org. Both parties agree to equally share the administrative expense of the arbitration, unless the arbitrator finds that the claim was brought in bad faith and orders one party to pay the cost of the proceedings as part of the arbitration award. Both parties are responsible for paying the costs of their own counsel, experts, and witnesses. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Before commencing an arbitration under this Agreement, the aggrieved party will first present the claim or dispute to the opposing party by certified mail. Our notice address to submit claims or disputes is:

   10946 Beaver Dam Road Suite G
   Hunt Valley, MD 21030

4. If the claim or dispute is not resolved within 90 days, the aggrieved party can commence arbitration proceedings in accordance with this Agreement.
5. Class Action Waiver: All arbitrations conducted under this Agreement shall be conducted only on an individual (and not a class-wide) basis; and an arbitrator shall have no authority to award class-wide relief. By agreeing to this Agreement, you acknowledge that this Agreement specifically prohibits you from commencing arbitration proceedings as a representative of others or joining in any arbitration proceedings brought by any

SEVERABILITY:

If any part or any provision of these Terms shall be finally determined to be invalid or unenforceable under applicable law, that part shall be ineffective to the extent of such invalidity or unenforceability only, without in any way affecting the remaining parts of said provision or the remaining provisions of these Terms.

LIMITATION OF LIABILITY:

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WATTS INNOVATIONS INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.

WATTS INNOVATIONS INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WATTS INNOVATIONS INC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WATTS INNOVATIONS INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WATTS INNOVATIONS INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

FLYING DRONE AIRCRAFT IS INHERENTLY DANGEROUS. WATTS INNOVATIONS INC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY CAUSED BY THE USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE.

EXPORT CONTROL

As a purchaser of products from Watts Innovations, Inc., the Buyer acknowledges and agrees to assume full responsibility for ensuring compliance with all export control laws and regulations applicable to the resale, distribution, or transfer of these products. This includes, but is not limited to, adhering to regulations under the Arms Export Control Act, the International Traffic in Arms Regulations (ITAR), the Export Administration Act of 1979, the Export Administration Regulations (EAR), and any other relevant U.S. and international export control laws.

In purchasing products from Watts Innovations, Inc., Buyer agrees to indemnify, defend, and hold harmless Watts Innovations, Inc., its affiliates, officers, agents, and employees, from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses, including attorney’s fees, resulting from any act, omission, or breach of these export control obligations by you or your affiliates, agents, or customers.

This hold-harmless agreement includes, but is not limited to, any violation of export control laws and regulations, any unauthorized sale, transfer, export, or re-export of the products, and any failure to obtain necessary export licenses or government authorizations. Buyer is responsible for ensuring that all parties receiving products from Watts Innovations, Inc., including intermediaries, adhere to these export compliance requirements.

By purchasing products from Watts Innovations, Inc., Buyer confirms understanding and agreement to undertake and fulfill obligations for export control, ensuring that the use, resale, or distribution of the products fully complies with all applicable export control laws and regulations.

INDEMNIFICATION:

Buyer agrees to indemnify, defend and hold harmless Watts, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or Products, any user postings made by you, your violation of any terms of these Terms or Buyer’s violation of any rights of a third party, or violation of any applicable laws, rules or regulations. Watts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Buyer, in which event Buyer will fully cooperate with Watts in asserting any available defenses.

TAXES:

Prices set forth in the written quotation do not include any sales, local or other taxes. Where applicable, Buyer is responsible for payment of all taxes.

RESALE:

Buyer agrees not to resell any Watts’ Products to a third-party unless agreed upon in writing by Buyer and Watts.

NON-WAIVER:

No waiver by Watts Innovations of any breach of these Terms and Conditions by the Buyer will be considered as a waiver of any subsequent breach of the same or any other provision.

FORCE MAJEURE:

Watts is not liable for the failure of or delay in performing their obligations where such failure or delay is due to causes beyond Watts’ reasonable control including, but not limited to: acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of product, governmental action, strikes, labor difficulties, pandemics.

MEDIA:

Watts reserves the right to document and visually promote the building of any Products during construction for Watts’ social media pages and the Site.

CHANGES TO TERMS:

Watts reserves the right, in its sole discretion, to change these Terms at any time. The most current version of the Terms will supersede all previous versions. Watts encourages you to periodically review the Terms to stay informed of any updates.

CONTACT US:

The Watts Innovations team welcomes your questions or comments regarding the Terms:

Watts Innovations, Inc.

10946 Beaver Dam Road

Suite G

Hunt Valley, MD 21030

Email Address:

[email protected]

Telephone number: 1-800-490-5740

Effective as of June 17, 2020