Warranty Statement

NIMBIO WARRANTY STATEMENT

Last Updated: March 23, 2023

PLEASE READ THIS WARRANTY STATEMENT CAREFULLY BECAUSE THIS WARRANTY STATEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND NIMBIO. IF YOU DO NOT WISH TO ACCEPT THIS WARRANTY STATEMENT, PLEASE DO NOT ORDER AND/OR USE PRODUCTS OR ACCESS NIMBIO SERVICES THROUGH PRODUCTS.  BY ORDERING AND/OR USING ANY PRODUCT, YOU AGREE (1) TO BE BOUND BY THIS WARRANTY STATEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS  WARRANTY STATEMENT AND (4) YOU ACCEPT THIS  WARRANTY STATEMENT.  Nimbio reserves the right to change the terms of this Warranty Statement at any time; each time Customer orders Products, the Warranty Statement in force at that time will apply between Customer and Nimbio.  This Warranty Statement applies only to Products purchased by you from Nimbio.

LIMITED WARRANTY

1. This Warranty Statement provides to you (“Customer”) a limited warranty (the “Limited Warranty”) with respect to Products purchased by you from Nimbio subject to Nimbio’s Terms and Conditions for Nimbio Products (the “Conditions”).  This Warranty Statement is in addition to and supplements the Conditions, which are incorporated herein by reference and set forth at https://nimbio.com/tcnp (or any successor website).  Capitalized terms used but not defined herein shall have the meanings ascribed under the Conditions. 
2. In lieu of all other warranties, express or implied, Nimbio warrants that the Product will be free from defects in materials and workmanship for the first thirty-six (36) months following the date on which the Product was ordered from, or made available for use by, Nimbio (“Warranty Period”).  If Nimbio determines in its discretion that the Product is defective due to flaws in material or workmanship during the Warranty Period, Nimbio will repair, replace or issue a pro rata refund for the Product, if applicable, at Nimbio’s sole discretion.  Nimbio may use new or refurbished Products or components for the repair or replacement at Nimbio’s option and expense.  The foregoing is Customer’s exclusive remedy for breach of this Limited Warranty.
3. Nimbio shall have no obligations with respect to the foregoing warranty unless: (a) Nimbio is notified in writing of any deficiency during the Warranty Period, which notice shall include a reasonably detailed explanation of the alleged deficiency; (b) the Product with the alleged deficiency is promptly returned to Nimbio, or Nimbio is permitted to inspect it on-site, at Nimbio’s option, and (c) Nimbio’s examination of the Product determines that such alleged deficiency actually exists and occurred in the course of proper and normal use.  For the purpose of verifying an alleged deficiency, Nimbio may require that Customer provide certain documentation of the alleged deficiency, including photographic evidence or access to data. 
4. A Product that has been repaired or replaced pursuant to this Limited Warranty will be covered by the terms of this Limited Warranty for ninety (90) days from the date of delivery of the repaired or replaced Product or the remaining Warranty Period, whichever is longer.
5. This Limited Warranty may be transferred from the original buyer or recipient of the Product to future owners, but the Warranty Period will not be extended.

• EXCLUSIONS FROM THIS LIMITED WARRANTY

1. This Warranty Statement does not apply to any Products or parts thereof that (a) have not been installed, handled, stored or used pursuant to the instructions provided by Nimbio; (b) have been subject to alteration, modification, tampering, improper maintenance or repair; (c) have been damaged by abuse or misuse of the Product, including by a failure to exercise due caution in cleaning, maintaining or using the Product; (d) have been used with non-Nimbio hardware or software or (e) have been subject to breakdowns, fluctuations or interruptions in electrical power or telecommunications network, Acts of God or extreme weather, including but not limited to hurricane, flood, tornado or lightning. 

DISCLAIMER OF WARRANTIES

1. EXCEPT AS STATED ABOVE IN THIS WARRANTY STATEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMBIO, ITS SUPPLIERS, LICENSORS AND REPRESENTATIVES SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED, IN FACT OR BY LAW, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO PRODUCTS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, OR FITNESS OF A PARTICULAR PURPOSE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIMBIO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THE WARRANTY PERIOD.

LIMITATION OF DAMAGES

1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIMBIO BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOST REVENUE OR PROFITS, COMMERCIAL LOSS, OR DEPLETION OF GOODWILL, ARISING FROM OR RELATED TO THIS WARRANTY STATEMENT OR THE PRODUCT.  THE TOTAL LIABILITY OF NIMBIO FOR ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY) OR OTHERWISE, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF A PRODUCT SHALL NOT EXCEED THE PRICE ACTUALLY PAID FOR A PRODUCT BY THE ORIGINAL PURCHASER AND/OR CUSTOMER.

CUSTOMER’S RIGHTS AND THIS WARRANTY STATEMENT

1. This Warranty Statement provides Customer certain rights.  Customer may also have legal rights that vary by jurisdiction.  Some of the limitations in this Warranty Statement may not apply in certain jurisdictions.  This Warranty Statement will apply to the extent permitted by applicable law.  

ENTIRE AGREEMENT

1. This Warranty Statement (which includes the Conditions and all terms and policies included therein by reference) contains the only terms provided to Customer with respect to warranties for Products and constitutes the entire agreement between Nimbio and Customer with respect to the subject matter herein.  This Warranty Statement supersedes all other previous statements, communications, agreements or warranties, oral or written, including advertising, quotes or sales material.