nuutok Three (3) Year Limited Warranty

For nuutok© Branded Product Only

Important

By using your nuutok product, you are agreeing to be bound by the terms of the nuutok three (3) 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 30 days using the return bond provided with the shipping package or, directly to the nuutok certified retailer where you purchased it for a refund.

How consumer law relates to this warranty

This warranty gives you specific legal rights, and you may have other rights that vary from a country to another. Other than as permitted by law, nuutok 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.

Warranty limitations subject to consumer law

Applicable to all countries 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. nuutok 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, nuutok limits the duration and remedies of such warranties to the duration of this express warranty and, at nuutok’s option, the repair or replacement services described below. Some countries do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.

What is covered by this warranty

nuutok Inc. of 2828, boul. Laurier, Suite 700, Tour 1, Québec (Québec) G1V 0B9 Canada warrants the nuutok-branded hardware product and nuutok-branded accessories contained in the original packaging (“nuutok Product”) against defects in materials and workmanship when used normally in accordance with nuutok’s published guidelines for a period of THREE (3) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). nuutok’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

What is not covered by this warranty

This Warranty does not apply to any non-nuutok branded hardware products or any software, even if packaged or sold with nuutok hardware. Manufacturers, suppliers, or publishers, other than nuutok, may provide their own warranties to you – please contact them for further information. Software distributed by nuutok with or without the nuutok 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. nuutok does not warrant that the operation of the nuutok Product will be uninterrupted or error-free. nuutok is not responsible for damage arising from failure to follow instructions relating to the nuutok Product’s use.

This Warranty does not apply:

  • to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship;
  • to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship;
  • to damage caused by use with a third party component or product;
  • to damage caused by accident, abuse, misuse, fire, earthquake or other external cause;
  • to damage caused by operating the nuutok Product outside nuutok’s published guidelines;
  • to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of nuutok;
  • to a nuutok Product that has been modified to alter functionality or capability without the written permission of nuutok;
  • to defects caused by normal wear and tear or otherwise due to the normal aging of the nuutok Product;
  • if any serial number has been removed or defaced from the nuutok Product; or
  • if nuutok receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate security measures designed to prevent unauthorized access to the nuutok Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

Your responsibilities

If your nuutok product is capable of storing software programs, data and other information, you should ensure you follow the setup and operations instructions to allow periodic backup copies of the information contained on the storage media to function properly.
Before receiving warranty service, nuutok or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow nuutok’s procedures for obtaining warranty service. Before submitting your nuutok product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
During warranty service it is possible that the contents of the nuutok product’s storage media will be lost, replaced or reformatted. In such an event nuutok and its agents are not responsible for any loss of software programs, data or other information contained on the storage media or any other part of the nuutok product serviced.
Following warranty service your nuutok product or a replacement device will be returned to you as your nuutok product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.

What will nuutok do in the event the warranty is breached

If during the Warranty Period you submit a claim to nuutok in accordance with this warranty, nuutok will, at its option:
i. repair the nuutok Product using new or previously used parts that are equivalent to new in performance and reliability,
ii. replace the nuutok Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
iii. exchange the nuutok Product for a refund of your purchase price.
nuutok may request that you replace certain user-installable parts or nuutok Products. A replacement part or nuutok Product, including a user-installable part that has been installed in accordance with instructions provided by nuutok, 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 a nuutok Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes nuutok’s property.

How to obtain warranty service

Please access and review the online help resources described below before seeking warranty service. If the nuutok Product is still not functioning properly after making use of these resources, please contact a nuutok representative or, if applicable, a nuutok certified retailer, using the information provided below. A nuutok representative or certified retailer will help determine whether your nuutok Product requires service and, if it does, will inform you how nuutok will provide it. When contacting nuutok via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.

Warranty service options

nuutok will provide warranty service through one or more of the following options:
i. Carry-in service. You may return your nuutok Product to a nuutok Certified Retailer location offering carry-in service. Service will be performed at the location, or the nuutok Certified Retailer may send your nuutok Product to a nuutok Repair Service (NRS) location to be serviced. Once you are notified that service is complete, you will retrieve the nuutok Product from the nuutok Certified Retailer location without delay, or unless nuutok notifies you that the nuutok Product will be sent directly to your location from the NRS location.
ii. Mail-in service. If nuutok determines that your nuutok Product is eligible for mail-in service, nuutok will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your nuutok product, so that you may ship your nuutok Product to a NRS location. Once service is complete, the NRS location will return the nuutok Product to you. nuutok will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the nuutok Product are followed.
iii. Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own nuutok Product. If DIY parts service is available in the circumstances, the following process will apply:

  • Service where nuutok requires return of the replaced nuutok Product or part. nuutok may require a credit card authorization as security for the retail price of the replacement nuutok Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and nuutok will offer alternative arrangements for service. nuutok will ship a replacement nuutok Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced nuutok Product or part. If you follow the instructions, nuutok will cancel the credit card authorization, so you will not be charged for the nuutok Product or part and shipping to and from your location. If you fail to return the replaced nuutok Product or part as instructed or return a replaced product or part that is ineligible for service, nuutok will charge your credit card for the authorized amount.
  • Service where nuutok does not require return of the replaced nuutok Product or part. nuutok will ship you free of charge a replacement nuutok Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced nuutok Product or part.
  • nuutok is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact nuutok at the telephone number listed below.

nuutok reserves the right to change the method by which nuutok may provide warranty service to you, and your nuutok Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the nuutok Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, nuutok may repair or replace nuutok Products and parts with comparable nuutok Products and parts that comply with local standards.

Limitation of liability

Except as provided in this warranty and to the maximum extent permitted by law, nuutok 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 nuutok product or any failure to maintain the confidentiality of information stored in the nuutok 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. nuutok disclaims any representation that it will be able to repair any nuutok product under this warranty or replace the nuutok product without risk to or loss of information stored on the nuutok product.
Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

General

No nuutok retailer, 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 nuutok Product purchase took place. nuutok or its successor in title is the warrantor under this Warranty.

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