Re: Help Forum - ***Buyer Beware
Hello Phantom Pilots,
Has anyone gotten anywhere with getting a refund for purchase of quadcopter bought through authorized dealer found via DJI.com? This is the second DJI Phantom 2 quadcopter that has crapped out during in flight on me, both with under 5 hours of total flying time since they were brand new in the box. Neither crashed, the shells/props/landing gear/prop guards/etc. all are in like new condition, neither had water damage, etc. DJI's product is a serious threat to civilized society, both in terms of safety and in terms of privacy. I purchased the to video travel and one of the GM from one of largest hoteliers' in the world approached me the last time I was using it after observing it losing GPS connection and getting a mind of it's own and falling out of the sky during flight (open area, just barely starting to use, and it just crapped out) and said that I couldn't fly it at or around their hotel anymore and then I received an email about two weeks later from the companies' HQ saying that they are banning the use at all of their hotels. So the reason I purchased it, I can't hardly use it, not to mention the fact that in good conscious, I don't think I would even if they let me. It is terrifying and one of the most powerless feelings when one of these just falls straight out of the sky, totally unresponsive, into an area with people/kids/cars/etc.
I purchased on my AMEX Platinum Business card and have fought to the highest level of support w/AMEX Assurance who will not reimburse me as they are claiming there is a manufacturer defect of the DJI Phantom 2. I have been trying to work with Anthony Cote, a "Customer Service Lead" from DJI, who won't assist me. The dealer says all sales are final. Anthony advised they couldn't refund me for my purchase since my copter probably shorted out mid-flight tumbling to the ground in a crowd of people due to mis-use, i.e. using in the developed world. He said it was probably due to misuse and "...we want to let you know that first we never recommend flying near areas that have possible interference. This would include places with powerlines, wi-fi, large amounts of concrete and steel, as all of these sources can affect the Phantom during flight.”
I think that It is really unconscionable and I think probably illegal that they are selling a consumer product that’s supposedly ready for use when really they are really having people beta test them for you in neighborhoods, schools, over pools, etc. Granted, I am a big believer in this companies' potential but it is not yet ready for widespread consumer use.
They should consider selling the quadcopters going forward with the explicit disclaimer at the time of sale and on the package that all sales are final and quadcopters are sold “as-is” because I think DJI has potential liability under the UCC Implied Warrant of Merchantability and Fitness For a Particular Use. Based on Reddit & discussion board chatter, I would not be surprised if a class action lawsuit is headed their way in the not so distant future. I would gladly be a plaintiff…
Regarding the Implied Warrant of Merchantability, here’s a brief intro. I am sure you can agree that DJI is at least in a gray area, if not in violation of this. “Virtually every consumer product you buy comes with an implied warranty of merchantability. This is an assurance that a new item will work if you use it for a reasonably expected purpose. For used items, the warranty of merchantability is a promise that the product will work as expected, given its age and condition. The implied warranty of fitness applies when you buy an item with a specific (even unusual) purpose in mind. In most states, an implied warranty lasts for four years. In a few states, however, the implied warranty lasts only as long as any express warranty that comes with a product. Sellers sometimes try to avoid implied warranties by selling a product "as is." In order to effectively negate implied warranties, however, the seller must follow state law requirements. For example, some states require that the disclaimer be in writing and the language be obvious. Also, implied warranties can't be disclaimed when there is an express written warranty that comes with the product.”
Has anyone gotten anywhere in a similar situation?
-David