dji-p3p1
Second Officer
Flight distance : 534970 ft
Australia
Offline
|
Geebax et'all
I am not a Lawyer, however as I understand it...,
You Do Not need to sign any contractual agreement, by the very fact that you exchanged money (i.e bought the goods and DJI accepted your payment) for the purpose that you wanted to use the goods is enough.
As an example if you walked into a shop in the EU and bought a toothbrush described by the manufacturer "suitable to brush teeth" (i.e. exchanged money for something you feel suitably describes what you want the product to do) but then found out after the sale that this particular toothbrush was not able to brush your back teeth because it was not long enough, then you are within you rights to return the toothbrush for a refund under "Not Fit For Purpose" as it does not do what you reasonably wanted it to do and described by the manufacturer.
The law is about protecting the Consumer (you and me) to ensure we have a comeback for goods we thought would "reasonably" do what they were intended to do as described by the manufacturer, but for a valid reason Do Not. - Note: the Onus is on the Manufacturer to tell you if the goods don't do something they should reasonably do.
It does not mean that DJI has broken any laws. (in fact I'd argue that by them introducing Geofencing they are "trying" to uphold the law).
However the product is no longer "as described" when somebody first bought it!..
Say for example a P3 was bought in September 2015 to fly in Cyprus when one could fly it without restriction (like our poor friend Aliios). - He was not told by DJI (or anybody else) at the time of purchase (in Sep 2015) that he will not be able to fly it in Jan 2016 because the whole of Cyprus would be made into a No Fly/Restricted Zone in 2016.
In this case, DJI has, by virtue of changing the way the product behaves, made it "Not Fit For Purpose" in Cyprus. - I believe due to that Aliios would be within his EU legal rights to return the P3 for a full refund.
There is however a Caveat... - If you knowingly updated the Firmware on the P3, knowing that the New Firmware with Geofencing would restrict your flying, but still did it, then you have accepted the "New" condition.
So in other words; It would seem that one should not update the firmware to add Geofence if you plan to describe your P3 as "Not Fit For Purpose" and return it!
The P3 is a Fantastic and Safe Machine in the hands of a competent pilot. However its the few Minority that knowing or unknowingly fly it unsafely that spoil it for the Majority. - I am to date Stunned at the number of people that buy the P3/Inspire without even knowing how to fly a Quadcopter and then proceed to fly it unsafely in an unsuitable location. Its because of that DJI and the relevant authorities (CAA, FAA, CASA etc..) are introducing the restrictions and regulations.
I have been flying model Fixed Wing and Helicopters for over 34 years and Multi Rotors for over 6 years. - We have Never Had such regulation until the past 2-3 years. Throughout that time I have Always made all efforts to fly safely, I have always also has suitable Aeronautical/Model Insurance to cover me just in case things went southbound (i've Never in those years had to use my insurance - But I am still insured today!) ive been through a number of Training sessions over the years to ensure I was competent in the Hobby I love so much! - as for my competence (as an example) I can flyAtti-mode in any direction/orientation/los from take off to landing on a complete battery. I can also fly an aerobatic Model Helicopter LOS Upside-Down and Head-in for an extended time, do numerous flips and 3d-aerobatics under full control. - it took hundreds of hours and lots training to achieve that. Yet there are people who buy a Model/UAV and expect to fly competently on day#2 by themselves.
I welcome the Geofencing, but disagree when vast areas that are completely open and many miles from airports or other "sensitive" areas are marked by DJI as Restricted or Authorization Zones. - a good example of this is an area, near where I live, used by a RC Club as a Training/Flying Ground for over 10 years without any issues, has full CAA & CASA approvals/certificates for UAV. it is in the middle of Farms extending for over 5 kms in every direction with the nearest Light aircraft Airport 46 Kilometres away! and Yet has been marked by DJI as Authorization Zones for no apparent reason!! - this is madness!
I still think Geofencing has been introduced by DJI without Proper Thought, and really hope that some sense prevails over the near future. I would be sad if DJI did not see the sense and relax some of the unreasonably marked zones. if it continues without any change then I will be seriously looking for a refund for all my equipment (that does not do what I wanted it to do when I bought it) and either looking into a different manufacturer, or go ahead to build my own Photographic Platform. (BTW I am also competent in building my own Quad - I have a University degree in Electrical and Electronic engineering, and have build numerous 250 and 500 sized machines before I bought the P3 for Photographic purposes.)
. |
|