NDURE LIMITED WARRANTY POLICY
Thank you for buying an NDURE product.
NDURE distributes its products through a network of NDURE distributors and retailers and on the NDURE online store at the url: www.ndure.eu
You will find below all NDURE warranty policy details offered by NDURE and NDURE retailers.
This warranty policy is valid as of October 1st 2013
I. Limited Warranty
NDURE provides this warranty to consumers who purchased NDURE product(s) from NDURE or one of it retailers. NDURE warrants all new products to be free from manufacturing or material defects for the warranty period as defined below. This warranty applies only against defects discovered within the warranty period and extends only to the original purchaser of the product. NDURE will take all reasonable care to ensure the products meet their description and specifications, however it is your responsibility to ensure that the products you purchase are designed for your own intended use.
This warranty is valid and enforceable only in the country where the product was purchased by the original purchaser, provided that NDURE has intended that the product be offered for sale in that country. This warranty is also enforceable in any country within European Economic Area where NDURE has an authorized importer, subsidiary or distributor. Please refer to the NDURE store locator. Depending on the country, particular and variable warranties may apply in relation to applicable legislation; to the extent that such warranties may not be excluded or limited by applicable law, nothing in this warranty policy shall exclude or limit these statutory provisions.
The warranty period starts on the date of the retail purchase of the product by the original purchaser. The warranty periods is 2 years for all products.
To the extent permitted by applicable laws, the warranty period will not be extended, renewed or otherwise affected due to subsequent resale, repair or replacement of the product. However, part(s) repaired or replacement product(s) issued during the warranty period will be warranted for the reminder of the original warranty period only; provided, such replacement or repair has been performed by NDURE or an NDURE retailer. Depending on the country, longer minimum warranty periods may be mandatory under applicable legislation in which case the warranty periods stated in this warranty shall be amended, if and to the extent necessary, in order to comply with such applicable legislation
II. Conditions and Restrictions
1. This Limited warranty: does not cover:
a) Normal wear and tear of the product
b) Defects caused by the transportation (other than the initial delivery from NDURE to the purchaser) or storage of the product
c) Defects or damage caused by improper use, storage or poor maintenance
d) Damages due to non observance of the instructions of the product’s user manual
e) Damages due to the modifications of the product
f) Any impact caused by sharp or hard items or objects, due to torsion, compression, a fall, an abnormal impact or other actions not under NDURE’s reasonable control.
2. This limited warranty is not enforceable if :
a. The product has been modified or repaired by any person or entity other than NDURE or an NDURE retailer;
b. The product has been repaired with unauthorized spare parts;
c. The claimant is not the original purchaser;
d. The claimant is not able to provide proof of purchase.
III.- Warranty Enforcement.
NDURE or its authorized retailer shall at its sole discretion either (a) repair the product or (b) replace the product at no charge. The appropriate remedy will be determined by NDURE based upon the following considerations: (a) the price/value of the product (without defect), (b) the significance of the defect, and (c) the inconvenience each remedy would place on the original purchaser. NDURE agrees that all repair or replacement of the product will be carried out within a reasonable period.
For all warranty claims, please submit the product and the proof of purchase to the nearest NDURE retailer or in the event you purchased the product on NDURE online store, please contact customer service. For all warranty claims, please refer to the RETURN POLICY available on www.ndure.eu
IV.- Disclaimer and Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAWS, THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. NDURE SHALL NOT BE LIABLE FOR ECONOMIC, SPECIAL, INCIDENTIAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED BENEFITS, LOSS OF USE, LOSS OF REVENUE, COST OF ANY STUBSTITUTE EQUIPMENT OR FACILITIES, CLAIMS OF THIRD PARTIES, DAMAGE TO PROPERTY RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM THE BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY LEGAL OR EQUITABLE CLAIM OR EVENT OR OMISSION GIVING RISE TO ANY CLAIM.
In relation to purchases made, this warranty shall be governed by, and construed in accordance with, Dutch law; and all of the parties irrevocably submit to the exclusive jurisdiction of the Dutch courts to settle any dispute which arises under or in connection with this warranty. To the extent that Dutch law applies to this warranty or any dispute or claim arising under or in connection with it, nothing in this warranty shall exclude or limit liability for death or personal injury caused by negligence, fraud, or any other type of liability which may not be lawfully excluded or limited.