Recovery and reinstallation of software programs and user data are not covered under this Limited
Warranty. This Limited Warranty also does not apply to commercial use or resale. Nemechek
Technologies does not warrant that the operation of the Product will be uninterrupted or error-free.
Instructions to Obtain Limited Warranty:
To obtain warranty service for any Product that is subject to
the foregoing Limited Warranty, you must (a) contact Nemechek Technologies at
support
@nemechektech.com to request a Return Material Authorization (“RMA”) prior to the end of
the Warranty Period; and (b) return the defective Product, along with the RMA number you received, to
the address specified by Nemechek Technologies in the RMA. You must deliver the Product in either its
original packaging or packaging providing an equal degree of protection.
Consumer will be responsible for all shipping charges to Nemechek Technologies and assumes all risk of
loss or damage to product while in transit to Nemechek Technologies. We recommend you use a
traceable method of shipping.
If the Limited Warranty claim is valid, Nemechek Technologies will bear the cost of shipping the Product
back to the Consumer upon completion of service under this Limited Warranty. Any Limited Warranty
returned to Nemechek Technologies without a valid Limited Warranty claim or without an RMA may be
rejected, returned at sender’s cost, or kept for 30 days for pick
-up and then disposed of at Nemechek
Technologies ’s discretion.
Exclusive Remedy:
AS YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A DEFECT OR OTHER
CLAIM UNDER THIS LIMITED WARRANTY, Nemechek Technologies will, upon receipt of a valid claim
received by Nemechek Technologies within the Warr
anty Period, at Nemechek Technologies ’s option,
(a) repair the Product at no charge, using new or refurbished replacement parts, (b) replace the Product
with a new or refurbished Product; or (c) refund the customer the purchase price paid for the Product if
Nemechek Technologies determines that it is not reasonable to repair or replace the defective Product.
Except where prohibited by applicable law, this Limited Warranty does not cover the cost of returning
the Product to Nemechek Technologies, and you will be responsible for such cost.
Any replacement hardware product will be warranted for thirty (30) days, or for the remainder of the
original Warranty Period, whichever is longer. When a Product or part of a Product is replaced, any
replacement item becom
es your property and the replaced item becomes Nemechek Technologies ’s
property.
Disclaimer and Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEMECHEK TECHNOLOGIES EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY
KIND, WHETHER STATUTORY OR IMPLIED, ARISING FROM COURSE OF CONDUCT OR OTHERWISE,
REGARDING THE PRODUCT, EXCEPT THAT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE LIMITED IN DURATION TO THE ONE-YEAR
PERIOD OF THE EXPRESS WARRANTY ABOVE.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEMECHEK TECHNOLOGIES AND ITS SUBSIDIARIES AND AFFILIATES (COLLECTIVELY,
“NEMECHEK TECHNOLOGIES PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF
LIABILITY
—
WHETHER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OR FAILURE OF ANY
WARRANTY, OR OTHERWISE
—
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE PRODUCT,
