Cautionary tale for DJI replacement service.

[GadgetGuy]

Nearly every company, venue, resort park, etc has liability protection in their terms. And yet many people injured by these same entities (not just physical injuries) litigate and win settlements against them. Are you suggesting DJI has a magical shield?

Against class action lawsuits, yes. It's not magical. It's contractual. Besides, what are you going to collect from? They no longer do business in the U.S., and have no assets here.

 

[anotherlab]

Nearly every company, venue, resort park, etc has liability protection in their terms. And yet many people injured by these same entities (not just physical injuries) litigate and win settlements against them. Are you suggesting DJI has a magical shield?

Not a "Magic Shield", but a legally enforceable contract. When you install the DJI Fly app, you'll agree to something that is either the following, or something close to it

These Terms provide that all disputes between you and DJI will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO [GO] TO COURT to assert or defend your rights under these Terms, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action.

and

In the interest of resolving disputes between you and DJI in the most expedient and cost effective manner, you and DJI agree that every dispute arising in connection with these terms will be resolved by binding arbitration. . . . This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND DJI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

There can be ways around it, such as the age of the drone owner and jurisdiction. In Texas, a minor was injured by his DJI drone and was blinded in one eye. His parents sued DJI, asserting various product liability and negligence causes of action against DJI. DJI filed a motion to compel arbitration based on the Terms of Use.

The court found that because the drone owner was a minor, his acceptance of the Terms of Use was not valid. He was not bound by the arbitration clauses of the Terms of Use, and DJI's motion to compel arbitration was denied by the court. You can read the full court order here: https://law.justia.com/cases/federal/district-courts/texas/txedce/4:2024cv00268/228932/83/

But if you agreed to the Terms of Use and it's considered a valid agreement, then you're required to use binding arbitration to resolve any legal disputes.

 

[mavic3usa]

This should help with the arbitration discussion:

Arbitration Agreements: No Worse Than Other Contracts But No Better, Either​

https://www.americanbar.org/groups/business_law/resources/business-law-today/2022-july/arbitration-agreements/

 

[Wreckhunter]

I'm not planning on suing anyone, but DJI should be planning on getting sued by several thousand customers who got less than they paid for. (The warranty that DJI cannot deliver.)
Like I said, DJI could not have handled this bad situation any worse than they did.

In a matter of a few months DJI will be done for in the US ,not sure they really care anymore about being sued or warranty issues in the US.Such a shame

 

[anotherlab]

In a matter of a few months DJI will be done for in the US ,not sure they really care anymore about being sued or warranty issues in the US.Such a shame

Exiting the US would not protect a company from being sued. It's a lot harder to do, but the legal framework is in place.

Exiting the US market doesn't prevent DJI from re-entering at a later date, in a different political landscape. IKEA and Suzuki both exited the US market, only to return at a later date.

 

[moldorf]

Nearly every company, venue, resort park, etc has liability protection in their terms. And yet many people injured by these same entities (not just physical injuries) litigate and win settlements against them. Are you suggesting DJI has a magical shield?

the "magical shield" is probably being a Chinese company, headquartered in China, with minimal lien-able and exposed assets within the USA. American civil courts have no authority in China

besides that, what class action suit is viable? A few thousand DJI pilots with an average of 87 dollars left on their care refresh policies, who, by the way, still have functioning drones making them ineligible to join the suit?

 

[moldorf]

Exiting the US would not protect a company from being sued. It's a lot harder to do, but the legal framework is in place.

so you're a DJI drone owner. You've got 87 dollars worth of a care refresh policy left and your drone crashes in the ocean. The company you have the policy with can't get replacements through customs, and by the end of the year will likely be banned anyway. That company is in China and has almost no assets in the USA. And your recourse for that 87 dollar balance is small claims court which has no authority in China.

or, making it larger in civil court consider a class action suit. OK, a class of who exactly? Anybody who has Care Refresh time left but still has a functioning drone can't join the suit. It would only be those who are trying to get replacement drones/parts and can't get them. Not because DJI is refusing but because US Customs is essentially blocking imports of drones directly from DJI as the US government goes thru the process of very likely banning DJI drone imports before the end of the year

I's not sure what people expect DJI to do. It's the US government preventing DJI from honoring their warranties.


it's like trying to squeeze blood out of a rock

 

[WilliamDaugherty]

For anyone keeping score at home: I heard from the Tier 2 rep Sunday quoting that shipment for replacements was running 9-11 days currently. I sent three separate emails asking them to clarify the issue of having two separate cases, including one for the Canadian replacement and I heard nothing back...until this afternoon. Here's the relevant text from today's email:

After consulting with our repair center, we can offer two options for you to proceed:

1. Convert the exchange case to a repair case.

In this case, we will provide you with a replacement drone from our repair channel. The product will be new or equivalent to new in both performance and reliability, but it will not include any accessories. Please kindly confirm if you would like to proceed with this option.

2. Wait for the exchange stock to be replenished.

If you prefer to continue with the exchange case, please note that the waiting time may take approximately 60–90 days until the replacement stock becomes available.

Meanwhile, you mentioned that you would like to have your original device returned so that you can request a refund from the seller. Please note that after confirm with our repair center, your original device has already been recycled. Therefore, we are unfortunately unable to return it back to you.

Please kindly let us know if you would like to process our above resolution. If you are unwilling to accept this solution, I can discuss with our management team to consult if there are any available solutions can be provided.

So, take a refurb with no controller/battery/etc., or wait it out for 2-3 months...or longer. And they claim they can't return my original purchase because it has already been recycled. Completely unacceptable for a brand new purchase from their authorized store.

I don't put much faith in any solution from their "management team", but I'll be curious to hear what they say, assuming they respond eventually.

FYI, I spoke with the guys at Camrise (DJI NYC) and they said, "Oh, we always advise people to go through us for ANYTHING that goes wrong with your drone, including replacement in the first 60 days." I sure wish they had mentioned that when I bought it. They claim that DJI is refering people to them for repair work. Obviously I would have never sent it to Texas if they hadn't promised an immediate shipment of the replacement.

 

[mavic3usa]

For anyone keeping score at home: I heard from the Tier 2 rep Sunday quoting that shipment for replacements was running 9-11 days currently. I sent three separate emails asking them to clarify the issue of having two separate cases, including one for the Canadian replacement and I heard nothing back...until this afternoon. Here's the relevant text from today's email:

After consulting with our repair center, we can offer two options for you to proceed:

1. Convert the exchange case to a repair case.

In this case, we will provide you with a replacement drone from our repair channel. The product will be new or equivalent to new in both performance and reliability, but it will not include any accessories. Please kindly confirm if you would like to proceed with this option.

2. Wait for the exchange stock to be replenished.

If you prefer to continue with the exchange case, please note that the waiting time may take approximately 60–90 days until the replacement stock becomes available.

Meanwhile, you mentioned that you would like to have your original device returned so that you can request a refund from the seller. Please note that after confirm with our repair center, your original device has already been recycled. Therefore, we are unfortunately unable to return it back to you.

Please kindly let us know if you would like to process our above resolution. If you are unwilling to accept this solution, I can discuss with our management team to consult if there are any available solutions can be provided.

So, take a refurb with no controller/battery/etc., or wait it out for 2-3 months...or longer. And they claim they can't return my original purchase because it has already been recycled. Completely unacceptable for a brand new purchase from their authorized store.

I don't put much faith in any solution from their "management team", but I'll be curious to hear what they say, assuming they respond eventually.

FYI, I spoke with the guys at Camrise (DJI NYC) and they said, "Oh, we always advise people to go through us for ANYTHING that goes wrong with your drone, including replacement in the first 60 days." I sure wish they had mentioned that when I bought it. They claim that DJI is refering people to them for repair work. Obviously I would have never sent it to Texas if they hadn't promised an immediate shipment of the replacement.

Lately when you buy from the DJI store in NYC, they promise direct service to their customers specifically because DJI corporate falls flat in this area. They probably have a repair service available to them but in your case, it sounds like a replacement would have been made available. There's a good reason they offer this because DJI can't help or cannot be relied upon.

At this point I would just cut my losses and take option #1. The future is too uncertain to know what will happen later this year or after December. Lesson learned.

 

[GadgetGuy]

1. Convert the exchange case to a repair case.

In this case, we will provide you with a replacement drone from our repair channel. The product will be new or equivalent to new in both performance and reliability, but it will not include any accessories. Please kindly confirm if you would like to proceed with this option.

What accessories will you be deprived of, that you included in your original return to them of the retail purchase?

 

[WilliamDaugherty]

For anyone keeping score at home, DJI finally got all the replacement components from my original purchase to me today. Unfortunately, the main box was delayed for more than a week during which time it was apparently left sitting in water someplace. The box arrived wet and crushed. Water inside everything. I immediately reached out to the "escalation team" that has been supposedly handling this case for the last three weeks. I was told to stand by for a phone call. Two hours later I was still waiting, so I sent a follow-up email to the escalation "team leader", including photos of everything. Now it's been five hours since I was told to expect a phone call. Nothing.

For anyone considering buying new DJI drones, I would be hard pressed to recommend them here in the US. Whatever the reason(s), they just aren't holding up their end of the bargain.

 

[GadgetGuy]

For anyone keeping score at home, DJI finally got all the replacement components from my original purchase to me today. Unfortunately, the main box was delayed for more than a week during which time it was apparently left sitting in water someplace. The box arrived wet and crushed. Water inside everything. I immediately reached out to the "escalation team" that has been supposedly handling this case for the last three weeks. I was told to stand by for a phone call. Two hours later I was still waiting, so I sent a follow-up email to the escalation "team leader", including photos of everything. Now it's been five hours since I was told to expect a phone call. Nothing.

For anyone considering buying new DJI drones, I would be hard pressed to recommend them here in the US. Whatever the reason(s), they just aren't holding up their end of the bargain.

Your experience is unique. You know what the issues are, and what is left of DJI USA is doing their level best to help you. They even got you a wet box of replacement components. Eventually, they'll get you a dry box of them. In the mean time, you have a done and a battery, and only need a $100 RC-N3 controller, if you don't already have one. The battery can be charged in the drone.

No one currently buying a DJI drone in the U.S. still believes that either warranty or DJI Care Refresh coverage is available. Besides, DJI has completely stopped selling DJI drones in the U.S.. All units are grey market international units where the only warranty is through the country from which it was sourced. The end.

 

[WilliamDaugherty]

Your experience is unique. You know what the issues are, and what is left of DJI USA is doing their level best to help you. They even got you a wet box of replacement components. Eventually, they'll get you a dry box of them. In the mean time, you have a done and a battery, and only need a $100 RC-N3 controller, if you don't already have one. The battery can be charged in the drone.

No one currently buying a DJI drone in the U.S. still believes that either warranty or DJI Care Refresh coverage is available. Besides, DJI has completely stopped selling DJI drones in the U.S.. All units are grey market international units where the only warranty is through the country from which it was sourced. The end.

The box that arrived today was the US shipment that contained the aircraft and the battery, both of which were inundated, The Canadian shipment had the cables and controller, which arrived last week. Today's package had been AWOL for six days in Forth Worth. Only after I demanded they perform a shipping trace did the package mysteriously appear and was delivered four days later, wet and falling apart.

To summarize:
New drone purchased at the DJI Store in NYC six weeks ago.
Ten days later, images were being created with corruption.
DJI told me to send it to them and I would receive an immediate replacement upon receipt of the original.
After I shipped it I received an email saying it would take 2-3 months.
They escalated the case and said I would get it in 9-11 days.
Two days later they said they had run out of stock and it would again be 2-3 months
They offered to change it to a repair case and send me a NIB replacement, just via repair channel, to which I agreed
Each component would be NIB but shipped some from CA, some from US
CA shipment came in four days, US shipment went AWOL until I insisted on a trace and arrived after 10 days
US shipment was soaked with water and the box crushed.
The escalation team was supposed to call me (no email) and that was 6.5 hours ago and still no call

I imagine they will ask me to return the US shipment contents in a dry box and we will start over.

I know this recent development is not the fault of DJI, but the cumulative effects of delayed communication, coupled with their outright lie about the turnaround time has eaten up a ton of my time and of course I didn't have the aircraft for the Fall Foliage jobs that I had stacked and waiting.

All this is a stark departure from my previous interactions with DJI. My reason for sharing this experience is to inform anyone else that is considering a purchase now. Caveat emptor.

 

[GadgetGuy]

The box that arrived today was the US shipment that contained the aircraft and the battery, both of which were inundated, The Canadian shipment had the cables and controller, which arrived last week. Today's package had been AWOL for six days in Forth Worth. Only after I demanded they perform a shipping trace did the package mysteriously appear and was delivered four days later, wet and falling apart.

To summarize:
New drone purchased at the DJI Store in NYC six weeks ago.
Ten days later, images were being created with corruption.
DJI told me to send it to them and I would receive an immediate replacement upon receipt of the original.
After I shipped it I received an email saying it would take 2-3 months.
They escalated the case and said I would get it in 9-11 days.
Two days later they said they had run out of stock and it would again be 2-3 months
They offered to change it to a repair case and send me a NIB replacement, just via repair channel, to which I agreed
Each component would be NIB but shipped some from CA, some from US
CA shipment came in four days, US shipment went AWOL until I insisted on a trace and arrived after 10 days
US shipment was soaked with water and the box crushed.
The escalation team was supposed to call me (no email) and that was 6.5 hours ago and still no call

I imagine they will ask me to return the US shipment contents in a dry box and we will start over.

I know this recent development is not the fault of DJI, but the cumulative effects of delayed communication, coupled with their outright lie about the turnaround time has eaten up a ton of my time and of course I didn't have the aircraft for the Fall Foliage jobs that I had stacked and waiting.

All this is a stark departure from my previous interactions with DJI. My reason for sharing this experience is to inform anyone else that is considering a purchase now. Caveat emptor.

Nothing new to us. We have all been very much aware of these issues for over a year, as pointed out to you much earlier in the thread. Had you done your due diligence before your purchase, you would have been aware of them, too.

However, I am still unclear about what you now have in your possession that isn't soaked, and what you are missing that is soaked. Please share.

 

[WilliamDaugherty]

Nothing new to us. We have all been very much aware of these issues for over a year, as pointed out to you much earlier in the thread. Had you done your due diligence before your purchase, you would have been aware of them, too.

However, I am still unclear about what you now have in your possession that isn't soaked, and what you are missing that is soaked. Please share.

So...you were aware they would lie about having an immediate replacement for a <30 days-purchased aircraft? I have never heard that and since I had never experienced this service (explained by DJI as distinct from Warranty, Repair or Care Refresh and via separate channels) I was optimistic they were telling me the truth. Had they said the same for Care Refresh, I would have been more skeptical.

I'll spell it out more plainly: the CS rep I spoke with when the problem first arose with the corrupt images told me that "30-day product replacement" was a completely different service from Warranty Repair or Care Refresh and that they would in fact send out a replacement "as soon as we receive your defective unit." They made a point that I would need to return every single item that was in the original packaging in order to qualify for this service. I had never heard of this service before and believed it was feasible. Given the reassurance from the CS rep, I proceeded.

As for what was delivered soaked, that is literally the first line of my last response.

 

[GadgetGuy]

So...you were aware they would lie about having an immediate replacement for a <30 days-purchased aircraft? I have never heard that and since I had never experienced this service (explained by DJI as distinct from Warranty, Repair or Care Refresh and via separate channels) I was optimistic they were telling me the truth. Had they said the same for Care Refresh, I would have been more skeptical.

I'll spell it out more plainly: the CS rep I spoke with when the problem first arose with the corrupt images told me that "30-day product replacement" was a completely different service from Warranty Repair or Care Refresh and that they would in fact send out a replacement "as soon as we receive your defective unit." They made a point that I would need to return every single item that was in the original packaging in order to qualify for this service. I had never heard of this service before and believed it was feasible. Given the reassurance from the CS rep, I proceeded.

As for what was delivered soaked, that is literally the first line of my last response.

Given that over 95% of all Air 3S units ordered from DJI were held by U.S. Customs beginning last fall, if you managed to get one through, there was no reasonable expectation that replacement aircraft would also make it through. In fact, it would be highly unlikely.

As I understand it, Camrise is no longer an official DJI authorized store with any greater rights than Adorama or B&H, who are authorized dealers selling grey market units. Hence, Camrise would have been the first recourse for replacement, rather than DJI, which has no replacement inventory in the U.S..

Sorry, I misunderstood that what is soaked is the Refurb, rather than the RC. They'll eventually get you another.

However, have you simultaneously tried to work with Camrise on an immediate replacement, and just replace the one they sell you now with the one DJI eventually will send to you, so you can get a refund, and you have the immediate use of the drone again?

That's what I did with another DJI Store, who insisted I go through DJI for my warranty replacement. I bought the replacement from the local DJI Store first, and they agreed to give me a full refund, when I gave them the new unit from DJI warranty, once I received it. Took 4 weeks, but I was flying the same day I bought the second unit from them.

Good luck.

 

[WilliamDaugherty]

Given that over 95% of all Air 3S units ordered from DJI were held by U.S. Customs beginning last fall, if you managed to get one through, there was no reasonable expectation that replacement aircraft would also make it through. In fact, it would be highly unlikely.

As I understand it, Camrise is no longer an official DJI authorized store with any greater rights than Adorama or B&H, who are authorized dealers selling grey market units. Hence, Camrise would have been the first recourse for replacement, rather than DJI, which has no replacement inventory in the U.S..

Sorry, I misunderstood that what is soaked is the Refurb, rather than the RC. They'll eventually get you another.

However, have you simultaneously tried to work with Camrise on an immediate replacement, and just replace the one they sell you now with the one DJI eventually will send to you, so you can get a refund, and you have the immediate use of the drone again?

That's what I did with another DJI Store, who insisted I go through DJI for my warranty replacement. I bought the replacement from the local DJI Store first, and they agreed to give me a full refund, when I gave them the new unit from DJI warranty, once I received it. Took 4 weeks, but I was flying the same day I bought the second unit from them.

Good luck.

Honestly, I don't want to sound insulting, but you really are not following. I've gone over the details several times and you keep repeating wrong information and asking questions I've already answered. How about we simply let other folks evaluate what I've shared and decide for themselves how best to proceed? I don't have time to continue. I'm sorry.

 

[tstr14]

A word about class action suits: the only winners are the lawyers. Win a judgement and maybe you'll get $50 back for your $3000 drone.

When I figured out I couldn't get the Care Refresh and even the warranty was iffy, I bought the State Farm policy.

 

[GadgetGuy]

Honestly, I don't want to sound insulting, but you really are not following. I've gone over the details several times and you keep repeating wrong information and asking questions I've already answered. How about we simply let other folks evaluate what I've shared and decide for themselves how best to proceed? I don't have time to continue. I'm sorry.

If this is how you respond to someone still trying to offer you help, then I have no time for you either.

"Have you simultaneously tried to work with Camrise on an immediate replacement, and just replace the one they would sell you now with the one DJI eventually will send to you, so you can get a refund on the second one purchased, and you have the immediate use of the drone again?"

 

[tstr14]

I share this situation for your information only. I'm not looking for advice. Take it as you will. No need for pointless commentary.

Having said that, I don't know why you bothered to reply to any of the posts, since most can be construed as advice.