IMPORTANT: BY USING YOUR NUPHY Web Site IN AUSTRALIA, 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 - Australia
For NUPHY Branded Hardware Product Only
- 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.
- 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. Insofar 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.
- WHAT IS NOT COVERED 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.
- IMPORTANT RESTRICTION FOR PRODUCT SERVICE
NUPHY may restrict warranty service for the product to the country where NUPHY or its authorized distributors originally sold the device.
- 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.
- WHAT WILL NUPHY DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to NUPHY in Australia, 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.
- 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.
- 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 in Australia. 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 in Australia, 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