WARRANTY AND DISCLAIMER
IMPORTANT: BY USING YOUR NUPHY Web Site, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE NUPHY ONE (1) YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW.
DO NOT USE YOUR NUPHY Web Site UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT, YOU MAY RETURN THE PRODUCT WITHIN RETURN PERIOD TO THE RETAIL LOCATION WHERE YOU PURCHASED IT, WITH ALL ORIGINAL PACKAGING FOR A FULL REFUND.
NUPHY One Year Limited Warranty
For NUPHY Branded Hardware Product Only
1. HOW CONSUMER LAW RELATES TO THIS WARRANTY
This warranty gives you specific legal rights, and you may have other rights that vary from state to state (or by country or province). Other than as permitted by law, NUPHY does not exclude, limit or suspend other rights you may have, including those that may arise from the nonconformity of a sales contract. For a full understanding of your rights you should consult the laws of your country, province or state.
2. WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. NUPHY disclaims all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, NUPHY limits the duration and remedies of such warranties to the duration of this express warranty and, at NUPHY's option, the repair or replacement services. Some states (countries and provinces) do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.
3. WHAT IS NOT CONVERTED BY THIS WARRANTY?
This warranty does not apply to any non-NUPHY branded hardware products or any software, even if packaged or sold with NUPHY hardware. Manufacturers, suppliers, or publishers, other than NUPHY, may provide their own warranties to you - please contact them for further information. Software distributed by NUPHY with or without the NUPHY brand (including, but not limited to system software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. NUPHY does not warrant that the operation of the NUPHY Product will be uninterrupted or error-free. NUPHY is not responsible for damage arising from failure to follow instructions relating to the NUPHY Product's use.
This warranty does not apply: (a) to consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the NUPHY Product outside NUPHY's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of NUPHY or an NUPHY authorized service provider; (g) to an NUPHY Product that has been modified to alter functionality or capability without the written permission of NUPHY; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the NUPHY Product, or (i) if any serial number has been removed or defaced from the NUPHY Product.
4. IMPORTANT RESTRICTION FOR PRODUCT SERVICE
NUPHY may restrict warranty service for product to the country where NUPHY or its authorized distributors originally sold the device.
5. YOUR RESPONSIBILITIES
Before receiving warranty service, NUPHY or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow NUPHY's procedures for obtaining warranty service.
Following warranty service your NUPHY Product or a replacement device will be returned to you as your NUPHY Product was configured when originally purchased, subject to applicable updates. NUPHY may install system software updates as part of warranty service that will prevent the NUPHY Product from reverting to an earlier version of the system software.
Important: Do not open the NUPHY Product. Opening the NUPHY Product may cause damage that is not covered by this Warranty. Only NUPHY should perform service on this NUPHY Product.
6. WHAT WILL NUPHY DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to NUPHY, NUPHY will, at its option, (i) repair the NUPHY Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the NUPHY Product with a device that is at least functionally equivalent to the NUPHY Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the NUPHY Product for a refund of your purchase price.
NUPHY may request that you replace certain user-installable parts or NUPHY Products. A replacement part or NUPHY Product, including a user-installable part that has been installed in accordance with instructions provided by NUPHY, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an NUPHY Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes NUPHY's property.
7. HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the NUPHY Product is still not functioning properly after making use of these resources, please contact an NUPHY representative.
Online information with details on obtaining warranty service is provided below.
8. WARRANTY SERVICE OPTIONS
NUPHY will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your NUPHY Product to an NUPHY Service Center ("ASC") offering carry-in service. Service will be performed at the location, or ASC may send your NUPHY Product to an NUPHY warehouse location to be replaced. Once you are notified that service is complete, you will promptly retrieve the NUPHY Product from the ASC location, or the NUPHY Product will be sent directly to your location from the warehouse location.
(ii) Mail-in service. If NUPHY determines that your NUPHY Product is eligible for mail-in service, NUPHY will send you prepaid waybills and if applicable, packaging material, so that you may ship your NUPHY Product to an ASC or warehouse location in accordance with NUPHY's instructions. Once service is complete, the ASC or warehouse location will return the NUPHY Product to you. NUPHY will pay for shipping to and from your location if all instructions are followed.
9. LIMITATION OF LIABILITY
Except as provided in this warranty and to the maximum extent permitted by law, NUPHY is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored in or used with the NUPHY Product or any failure to maintain the confidentiality of information stored on the NUPHY Product.
The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. NUPHY disclaims any representation that it will be able to repair any NUPHY device under this warranty or replace the NUPHY Product without risk to or loss of information stored in the NUPHY Product.
Some states (countries and provinces) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
No NUPHY reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the NUPHY Product purchase took place. NUPHY or its successor in title is the warrantor under this Warranty.