By using the Nonagon N9+ Device (the “Product”), you are accepting the Product's warranty terms set out below. Therefore, please read these terms carefully.
WARRANTY
Nonagon Ltd. (the “Nonagon”) warrants your new Product against defects in materials and workmanship for the applicable Warranty Period:
"Warranty Period" means:
- if purchasing the Product via the Internet, twelve (12) months from the date of such purchase, as evidenced by a valid invoice; or
- if purchasing the Product other than via the Internet, the earlier to occur of: (a) twelve (12) months from your activation of the Product through its mobile application; or (b) fifteen (15) months from the date of your purchase of the Product, as evidenced by a valid invoice.
This Warranty is offered only with respect to Products which are purchased directly from Nonagon or Nonagon’s authorized resellers or other authorized channel partners (collectively, "Nonagon Partners"). This Warranty may only be used by the purchaser of the Product (directly from Nonagon or the Nonagon Partner), and is non-transferable and non-assignable to any third party.
Should you discover during the Warranty Period any defect in the Product which is covered by this warranty and you wish to make a Warranty claim, you must notify Nonagon (if you purchased the Product directly from Nonagon) via email at support_us@nonagon-care.com, or the Nonagon Partner (if you purchased the Product from a Nonagon Partner) and return the Product to Nonagon or the Nonagon Partner, as applicable, in either case with the sales receipt attached and your contact information.
If you purchased the Product from a Nonagon Partner, you may be required to pay for shipping the Product to such Nonagon Partner.
Upon Nonagon's receipt of the Product from you or the Nonagon Partner, Nonagon will determine whether the Product is covered by the Warranty. You agree that your exclusive remedy, and Nonagon’s entire liability, under this limited Warranty shall be either:
- to replace the Product, or the applicable component thereof, free of charge, or (2) to repair the Product or the applicable component thereof, free of charge, at Nonagon’s sole discretion.
Should Nonagon decide to replace the Product or to repair it, the Product shall continue to be covered under this Warranty for the remainder of the Warranty Period, but in any event no less than three (3) months.
WARRANTY EXCLUSIONS
This Warranty covers defects in materials and workmanship discovered during the Warranty Period and only while using the Product as recommended by NONAGON and as specified in the User Manual provided with the Product. Nonagon is not responsible for damage or loss arising from failure to follow the applicable instructions relating to the Product’s use. Any defect not originating from a defect in materials or workmanship, as determined by Nonagon in its sole discretion, or occurring after expiration of the Warranty Period, will not be considered covered under this Warranty.
This Warranty does not apply to: (i) any cables, power adapters, or batteries supplied with the Product; (ii) any cosmetic damage, including but not limited to scratches and dents; (iii) any damage caused by non-Nonagon products or components, or use of products or components not compatible with the Product; (iv) any damage caused by accident, abuse, misuse, negligence, improper shipping, natural causes, flood, fire, or earthquake; (v) any Product or part of it that has been modified or tampered with, or to damage caused by operating the Product outside the permitted or intended
uses described by Nonagon; (vi) to any damage caused by a third party service (including upgrades and expansions), unless such upgrades were performed according to Nonagon's express, written instructions; (vii) to any Product or a part of it that has been modified or altered without the written permission of Nonagon; (viii) if the Product serial number has been removed or defaced; or (ix) to any damage caused by software or a virus.
IN NO EVENT SHALL NONAGON BE HELD RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE PRODUCT OR FAILURE OF THE PRODUCT. IN NO EVENT WILL NONAGON BE LIABLE TO ANY
CUSTOMER, USER OR THIRD PARTY, FOR MORE THAN THE AMOUNT OF YOUR PURCHASE PRICE, NOT TO EXCEED THE CURRENT LIST PRICE OF THE PRODUCT, AND EXCLUDING TAX, SHIPPING AND HANDLING CHARGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT, INCLUDING LIABILITY ARISING OUT OF NEGLIGENCE, OR STRICT LIABILITY, BUT EXCLUDING INTENTIONAL MISCONDUCT. WITHOUT LIMITING THE FOREGOING, NONAGON DOES NOT WARRANT THAT THE PRODUCT WILL MEET THE USER EXPECTATIONS.
THIS WARRANTY CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT OR ANY COMPONENT THEREOF. PRODUCT USERS RECEIVE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT OR ANY COMPONENT THEREOF. NONAGON EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Please visit www.nonagon-care.com for further information.