Limited Warranty – NuBryte

BY USING YOUR NUBRYTE HARDWARE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE NUBRYTE ONE (1) YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW. DO NOT USE YOUR PRODUCT 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 AND RETURN IT WITHIN THE RETURN PERIOD AND IN ACCORDANCE WITH THE NUBRYTE RETURN POLICY.

 

1. LIMITED WARRANTY COVERAGE

LUCIS Technologies, Inc (“LUCIS”), 1159 Sonora Court, Suite 320, Sunnyvale, California USA, warrants to the owner of the enclosed product that the product and contained in the original packaging (“Product”) will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of original end-use purchase from an authorized LUCIS retailer. (the “Warranty Period”).

If the Product fails to conform to this Limited Warranty during the Warranty Period and a valid claim is submitted, LUCIS will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at LUCIS’ sole discretion. If the Product or a component incorporated within it is no longer available, LUCIS may replace the Product with a similar product of similar function, LUCIS’ sole discretion. This is your sole and exclusive remedy for breach of this Warranty.

Any Product that has either been repaired or replaced under this Warranty will be covered by the terms of this Warranty for the longer of ninety (90) days from the date of delivery or the remaining Warranty Period. Any exchanged, replaced, or refunded items become the property of LUCIS. This Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

 

2. OBTAINING WARRANTY SERVICE

In order to claim under this Warranty, the owner of the Product must notify LUCIS of the intention to claim by obtaining a Return Material Authorization (“RMA”) and return the defective product, postage prepaid, according to the instructions specified by LUCIS in connection with the RMA. RMA requests may be made via www.nubryte.com/support or by contacting LUCIS at support@nubryte.com. LUCIS will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is Ineligible (defined below) or that the RMA requirements were not followed.

 

3. THIS LIMITED WARRANTY DOES NOT COVER

The following products are “Ineligible” for Warranty are not covered: Products marked as “sample” or sold “AS IS”; or Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by LUCIS; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, testing, or improper storage; (iv) cosmetic damage, including but not limited to scratches, dents and broken plastic (v) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; (vi) damage caused by operating the product outside the permitted or intended uses described by LUCIS; (vii) damage caused by use with non-LUCIS products; or (viii) events of force majeure, including lightning, flood, tornado, earthquake, or hurricane. This warranty does not cover software even if packaged or sold with the product. LUCIS does not warrant that the operation of the product will be uninterrupted or error-free. Unauthorized use of the Product or software can impair the Product‘s performance and may invalidate this Warranty.

 

4. LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, LUCIS AND ITS SUPPLIERS PROVIDE THE PRODUCT “AS IS AND WITH ALL FAULTS”; LUCIS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, SYSTEM INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. LUCIS’ MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS. LUCIS IS NOT LIABLE TO YOU FOR EVENTS BEYOND LUCIS’ CONTROL , SUCH AS ACTS OF GOD, VIRUSES, PROPERTY DAMAGE, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWSOEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

 

YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND LUCIS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICTY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.

 

Some states (Provinces & Territories) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

 

Warranty is valid in USA, Canada, and Puerto Rico

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Warranty active as of August 2015.