I. This replacement warranty is limited to repair or replacement
of the ONPREMISE Music System or other product at the sole discretion of
Nextune. Should the product be found to be defective, Nextune will repair
or replace it with a functionally equivalent unit using one of the following
options:
(a) Replacement sent of a Refurbished
or New Product, using an Overnight Standard Shipping method. The customer
has seven-days (7) to return the faulty unit to Nextune. A credit card must
first be authorized for the full retail value of the product; if the unit
is returned within proper time allowances, no charges will be finalized to
the authorized credit card.
(b) Replacement sent of a Refurbished
or New Product, using an Overnight Standard shipping method within
1 business day of receipt by Nextune of the faulty unit.
II. This replacement warranty applies to products purchased only through
Nextune, Inc., and does not include accessories unless they
were originally purchased on the same order. It does not extend to any Product
which, in the sole judgment of Nextune, has been subjected to abuse, misuse,
neglect, improper hardware or software installation or configuration, improper
handling or storage, damage caused by natural or man-made disasters, or any
damage due to but not limited to:
(a) Any catastrophic event independent of normal functioning of the hardware
such as flooding or other water damage, fire, transient power surges or insufficient
line voltage (brown-out) or any event characterized as an “Act of God” causing
damage to the Hardware damage.
(b) caused by a software virus obtained from 3rd party software.
(c) a failure to follow instructions contained in the Product manual or other
documentation provided with the Product.
The replacement warranty is void if:
(a) the housing of the Product is opened by anyone other than Nextune’s repair
department or an authorized repair center.
(b) the Product is modified or disassembled by anyone other than Nextune’s
repair department or an authorized Nextune support specialist.
(c) the serial number of the Product is removed or unable to be deciphered.
(d) the returned product is damaged in shipping due to poor packaging.
III. In all cases, Nextune has the right to test and inspect the faulty Product
and if in the sole judgment of Nextune the faulty Product is found not to
be covered under this replacement warranty (or found not to be faulty), Nextune
will invoice accordingly (including, but not limited to charging a shipping
and/or service fee). Any outstanding invoices will result in the ineligibility
for further replacements or repairs until outstanding invoices are paid.
This replacement warranty is only valid if purchased no more than 30 days
after the original purchase date of the NEXUS Music System. It becomes effective
on the date of purchase of the product and and terminates at the end of the
product’s specific warranty length. After termination of this replacement
plan, any standard warranty remaining on the Product will apply. The
replacement plan replaces any other warranties or guarantees, either express
or implied, and specifically excludes, without limitation, warranties of
merchantability and fitness for a particular purpose under the uniform commercial
code, or arising out of custom or conduct. The rights and remedies provided
herein are exclusive and replace any other rights or remedies.
In no event shall Nextune be liable for any indirect or consequential damages,
incidental damages, damages to person or property, or effect on business
or property, or other damages or expenses due directly or indirectly to the
product, except as stated in this replacement plan. In no event shall any
liability of Nextune exceed the actual amount paid to Nextune
for the product.
(1) Nextune will not be held responsible for shipping delays outside of our
control. All shipping charges for units shipped from Nextune and covered
by this Replacement plan will be free of charge if shipped within the 50
United States. Items shipped to Canada, or other U.S. territories may incur
additional
charges, but will not exceed actual shipping costs. Nextune is not responsible
for any custom or brokerage fees that may occur. This Rapid Replacement plan
is not valid
outside of the United States or Canada. Nextune is not responsible for damages
incurred during shipping. For deliveries en route to the customer, it is
the customer’s
responsibility to appropriately file a claim with the shipping company for
reimbursement of damaged goods.
Nextune will supply a prepaid ground shipping call tag for return shipping
within the 50 United States. Customer is responsible for all
return shipping
outside the 50 United States.
(3) The replacement Hardware need not be new or have an identical make, model
or part number. Nextune may in its sole discretion replace the defective
Hardware (or any
part thereof) with any reconditioned product that Nextune reasonably determines
is substantially equivalent (or superior) in all material respects to the
defective Hardware.
Repaired or replacement Hardware will be warranted for the remainder of the
original warranty period from the date of original retail purchase.
(4) Nextune reserves the right to charge a fee in the case of extreme delinquency
in returning the item. The charging fee is at the sole discretion of Nextune.
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