Manufacturer’s Limited Warranty
Nextbit Systems Inc. ("Nextbit") warrants that your smartphone and related accessories (collectively the "Product") are free from defects in material and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
- The limited warranty for the smartphone extends for twelve (12) months beginning on the date of the original purchase of the smartphone. The limited warranty for the accessories extends for twelve (12) months beginning on the date of the original purchase for accessories sold separately or included in the sale of the smartphone excluding cases and screen protectors; and thirty (30) days beginning on the date of the original purchase for all cases and screen protectors, unless otherwise specified in the Product user guide.
- During the limited warranty period, Nextbit will repair, or replace, at Nextbit's sole option, any defective parts, or any parts that will not properly operate for their intended use with new or refurbished replacement items if such repair or replacement is needed because of product malfunction or failure during normal usage. No charge will be made to the Consumer for any such parts. Nextbit will also pay for the labor charges incurred by Nextbit in repairing or replacing the defective parts. The limited warranty does not cover defects in appearance, cosmetic, decorative or structural items, including framing, and any non-operative parts. Nextbit's limit of liability under the limited warranty shall be the actual cash value of the Product at the time the Consumer returns the Product for repair, determined by the price paid by the Consumer for the Product less a reasonable amount for usage. Nextbit shall not be liable for any other losses or damages. These remedies are the Consumer's exclusive remedies for breach of warranty.
- Upon request from Nextbit, the Consumer must prove the date of the original purchase of the Product by a dated bill of sale or dated itemized receipt.
- The Consumer shall bear the cost of shipping the Product to Nextbit. Nextbit shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty.
- The Consumer shall have no coverage or benefits under this limited warranty if any of the following conditions are applicable:
- The Product has been subjected to abnormal use, abnormal conditions, improper storage, exposure to moisture or dampness, unauthorized modifications, unauthorized connections, unauthorized repair, misuse, neglect, abuse, accident, alteration, improper installation, or other acts which are not the fault of Nextbit, including damage caused by shipping.
- The Product has been damaged from external causes such as collision with an object, or from fire, flooding, sand, dirt, windstorm, lightning, earthquake or damage from exposure to weather conditions, an Act of God, or battery leakage, theft, blown fuse, or improper use of any electrical source, damage caused by computer or internet viruses, or damage caused by the connection to other products not recommended for interconnection by Nextbit.
- The Product serial number plate or the enhancement data code has been removed, defaced or altered.
- Any (i) normal wear and tear, (ii) reduced charging capacity of the battery resulting from its natural end of product life, or (iii) pixel defects in your Product’s display that are within the scope of industry standards.
- Nextbit receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate password-enabled or other security measures designed to prevent unauthorized access to the Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).
- The Product has been (i) opened, modified, or repaired without Nextbit’s authorization, or (ii) repaired with unauthorized spare parts.
- Nextbit does not warrant uninterrupted or error-free operation of the Product. If a problem develops during the limited warranty period, the Consumer shall take the following step-by-step procedure:
- The Consumer shall ship the Product prepaid and insured to Nextbit. See www.nextbit.com/support for the address of the repair center nearest you.
- The Consumer shall include a return address, daytime phone number and/ or email address, complete description of the problem, proof of purchase and service agreement (if applicable).
- The Consumer will be billed for any parts or labor charges not covered by this limited warranty.
- Nextbit will repair the Product under the limited warranty within 30 days after receipt of the Product. If Nextbit cannot perform repairs covered under this limited warranty within 30 days, or after a reasonable number of attempts to repair the same defect, Nextbit at its option, will provide a replacement Product or refund the purchase price of the Product less a reasonable amount for usage.
- If the Product is returned during the limited warranty period, but the problem with the Product is not covered under the terms and conditions of this limited warranty, the Consumer will be notified and given an estimate of the charges the Consumer must pay to have the Product repaired, with all shipping charges billed to the Consumer. If the estimate is refused, the Product will be returned freight collect. If the Product is returned after the expiration of the limited warranty period, Nextbit's normal service policies shall apply and the Consumer will be responsible for all shipping charges.
- You (the Consumer) understand that the product may consist of refurbished equipment that contains used components, some of which have been reprocessed. The used components comply with Product performance and reliability specifications.
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NEXTBIT SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF DATA, PUNITIVE DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NEXTBIT KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. NEXTBIT SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
- Some countries do not allow limitation of how long an implied warranty lasts, so the twelve (12) month warranty limitation may not apply to you (the Consumer). Some countries do not allow the exclusion or limitation of incidental and consequential damages, so certain of the above limitations or exclusions may not apply to you (the Consumer). This limited warranty gives the Consumer specific legal rights and the Consumer may also have other rights which vary from country to country. This Limited Warranty is in addition to, and does not affect your legal (statutory) rights under your applicable national laws relating to the sale of consumer products.
- Nextbit neither assumes nor authorizes any authorized service center or any other person or entity to assume for it any other obligation or liability beyond that which is expressly provided for in this limited warranty including the provider or seller of any extended warranty or service agreement.
- DURING WARRANTY SERVICE THE CONTENTS OF THE STORAGE MEDIA WILL BE DELETED AND REFORMATTED. NEXTBIT 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 NEXTBIT PRODUCT SERVICED.
This is the entire warranty between Nextbit and the Consumer, and supersedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein shall modify these terms.
- This limited warranty allocates the risk of failure of the Product between the Consumer and Nextbit. The allocation is recognized by the Consumer and is reflected in the purchase price.
- Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following purchase of the Product.
- In case of any conflict between the terms and conditions displayed here and the documentation in the sales package of the product, the terms and conditions included in the sales package shall prevail.
- Questions concerning this limited warranty may be directed to: http://www.nextbit.com/support