Last revised: July 2023
1. Overview. NEX Team Inc. (“Nex” or “We”) warrants to you, the original purchaser of Playground, that the Playground and its accessories contained in the original packaging which you purchased from us or an authorized retailer or reseller (the “Product”) shall be free from defects in materials and workmanship under ordinary consumer use for one (1) year from the date of delivery of the Product (the “Warranty Period”) subject to the following terms and conditions.
2. Scope. If a covered defect arises in the Product during the warranty period and you follow the instructions for returning Product, we will at our option, to the extent permitted by law, either (i) repair the Product using either new or refurbished parts, (ii) replace the Product with a new or refurbished Product that is equivalent to the Product to be replaced, or (iii) refund to you all or part of the purchase price of the Product. When the Product or part of it is replaced or a refund is provided, the replacement item becomes your property and the replaced or refunded item becomes our property. The Product so repaired/ the replacement Product will be covered by this Warranty for the remainder of the Warranty Period or ninety (90) days following the delivery of the repaired/ replacement Product to you, whichever provides longer coverage for you unless local law provides otherwise.
3. Instructions. To obtain warranty service, please contact us at email@example.com. If your warranty service request is accepted, we will provide you with instructions on how to proceed. In general, you will need to provide proof of purchase and deliver the Product in either its original packaging or in equally protective packaging to an address specified by us, which may or may not be in the same country or territory of the delivery address. Warranty service will not be provided if the Product is sent back to us without first contacting us or sent to an address different from what we have provided.
4. Data etc. During warranty service, the Product may be reformatted and all data stored thereon may be deleted. As such, you should back up any data, software, or other materials you may have stored or preserved on the Product and remove all personal information which you want to protect before sending the Product to Nex for warranty service. Further, following the warranty service, the repaired/ replacement Product may be configured to the factory setting, and Nex may also install system software updates as part of warranty service that will prevent the Product from reverting to an earlier version of the system software. Recovery and reinstallation of software programs, data and information of the Product are not covered under this Warranty.
5. Exclusion. Except to the extent prohibited by law, the Warranty does not apply: (a) to defects which relate to normal wear and tear or aging of the Product (e.g. discoloration); (b) to damage caused by abuse, misuse, accident (e.g. exposure to liquid, food or other contaminants), neglect, improper or unauthorized repair or other modification, tampering, or use with unsuitable/ unauthorized hardware, software, services or third-party item(s); (c) to consumable parts (e.g. batteries), the performance of which normally diminishes over time, unless such failure has occurred due to a defect in materials or workmanship; (d) to cosmetic damage (e.g. scratches, dents or broken plastic on ports); (e) if the Product is used not in accordance with the product documentation; (f) if the Product is purchased from sources other than Nex or an authorized retailer or reseller (e.g. non-authorized online auctions); (g) if any serial number (if any) has been removed or defaced from the Product, (h) if the Product is used for commercial purposes (e.g. rental); or (i) to any support services or software provided in connection with the Product.
6. Disclaimers. 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. NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT AGAINST HIDDEN OR LATENT DEFECTS. NEX (AND OUR LICENSORS OR OTHER SUPPLIERS) ALSO MAKES NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NEX LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty as set forth herein, the scope and duration of such warranty shall be the minimum permitted under applicable law.
7. Limitations. IN NO EVENT SHALL NEX (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD- PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PRODUCT IS AT YOUR OWN DISCRETION AND RISK.
UNDER NO CIRCUMSTANCES WILL NEX BE LIABLE TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) FOR MORE THAN THE AMOUNT YOU HAVE PAID TO US FOR THE PRODUCT. YOU FURTHER ACKNOWLEDGE AND AGREE THAT OUR LICENSORS OR OTHER SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THE PRODUCT.
Some jurisdictions do not allow the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitation or exclusion may not apply to you. To the extent that we may not, as a matter of applicable law, limit our liability as set forth herein, our liability shall be the minimum permitted under such applicable law.