IMPORTANT: BY USING YOUR NKI OR SOLIDPOD PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE NKI 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 STATED IN NKI’S RETURN POLICY (FOUND AT store.n.ki/pages/return-exchange-policy) TO THE NKI STORE OR THE AUTHORIZED DISTRIBUTOR 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 STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, NKI 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. NKI 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, NKI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT NKI'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. 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 COVERED BY THIS WARRANTY?
NKI Systems, LLC of 111 N Orange Ave STE 800, Orlando, Florida, U.S.A. 32801 (“NKI”) warrants the NKI-branded hardware product and the NKI-branded accessories contained in the original packaging (“NKI Product”) against defects in materials and workmanship when used normally in accordance with NKI's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). NKI’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-NKI branded hardware products or any software, even if packaged or sold with NKI hardware. Manufacturers, suppliers, or publishers, other than NKI, may provide their own warranties to you – please contact them for further information. Software distributed by NKI with or without the NKI 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. NKI does not warrant that the operation of the NKI Product will be uninterrupted or error-free. NKI is not responsible for damage arising from failure to follow instructions relating to the NKI Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or 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 unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the NKI Product’s specifications (NKI Product specifications are available at store.n.ki under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the NKI Product outside NKI’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of NKI; (g) to an NKI Product that has been modified to alter functionality or capability without the written permission of NKI; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the NKI Product; (i) if any serial number has been removed or defaced from the NKI Product; or (j) if NKI receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the NKI Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
IMPORTANT RESTRICTION FOR SOLIDPOD.
NKI may restrict warranty service for SolidPod to the country where NKI or its Authorized Distributors originally sold the device.
YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE INFORMATION CONTAINED ON THE NKI PRODUCT STORAGE MEDIA TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, NKI or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow NKI's procedures for obtaining warranty service. Before submitting your NKI 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 THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. NKI 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 NKI PRODUCT SERVICED.
Following warranty service your NKI Product or a replacement device will be returned to you as your NKI Product was configured when originally purchased, subject to applicable updates. NKI may erase all the data on the storage media. Recovery of data and information are not covered under this Warranty.
Important: Do not open the NKI Product. Opening the NKI Product may cause damage that is not covered by this Warranty. Only NKI should perform service on this NKI Product.
WHAT WILL NKI DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to NKI in accordance with this warranty, NKI will, at its option:
(i) repair the NKI Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the NKI 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 NKI Product for a refund of your purchase price.
NKI may request that you replace certain user-installable parts or NKI Products. A replacement part or NKI Product, including a user-installable part that has been installed in accordance with instructions provided by NKI, 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 NKI Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes NKI's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the NKI Product is still not functioning properly after making use of these resources, please contact an NKI representative, using the information provided below. An NKI representative will help determine whether your NKI Product requires service and, if it does, will inform you how NKI will provide it. When contacting NKI via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
NKI will provide warranty service through one or more of the following options:
(i) Mail-in service. If NKI determines that your NKI Product is eligible for mail-in service, NKI will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your NKI product, so that you may ship your NKI Product to NKI. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, NKI will return the NKI Product to you. NKI will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the NKI Product are followed.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own NKI Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where NKI requires return of the replaced NKI Product or part. NKI may require a credit card authorization as security for the retail price of the replacement NKI 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 NKI will offer alternative arrangements for service. NKI will ship a replacement NKI Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced NKI Product or part. If you follow the instructions, NKI will cancel the credit card authorization, so you will not be charged for the NKI Product or part and shipping to and from your location. If you fail to return the replaced NKI Product or part as instructed or return a replaced NKI Product or part that is ineligible for service, NKI will charge your credit card for the authorized amount.
(b) Service where NKI does not require return of the replaced NKI Product or part. NKI will ship you free of charge a replacement NKI Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced NKI Product or part.
(c) NKI is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact NKI at the email address listed below.
NKI reserves the right to change the method by which NKI may provide warranty service to you, and your NKI 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 NKI Product cannot be serviced in the country it is in. If you seek service in a country that is not the original 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. Where international service is available, NKI may repair or replace NKI Products and parts with comparable NKI Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NKI 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 NKI PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE NKI 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. NKI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY NKI PRODUCT UNDER THIS WARRANTY OR REPLACE THE NKI PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE NKI PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No NKI reseller, 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 NKI Product purchase took place. NKI or its successor in title is the warrantor under this Warranty.
Please email email@example.com for any warranty related inquiry or request.
© 2020 NKI Systems, LLC. All rights reserved. NKI and the NKI logo are trademarks of NKI Systems, LLC, registered in the U.S. and other countries.