Warranty statement

Last updated August 5, 2023

LIMITED WARRANTY
 
BY USING THIS PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WARRANTY. BEFORE USING THIS PRODUCT, PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT AND, WITHIN THIRTY (30) DAYS OF THE DATE OF PURCHASE, YOU MAY REQUEST A REFUND THROUGH YOUR ORIGINAL POINT OF PURCHASE.
 
THIS WARRANTY IS A VOLUNTARY MANUFACTURER’S WARRANTY. IT IS IN ADDITION TO AND DOES NOT REPLACE CONSUMER RIGHTS AFFORDED TO CONSUMERS BY THE LAW OF ANY SPECIFIC COUNTRY. CONSUMERS HAVE THE CHOICE TO CLAIM UNDER THIS WARRANTY OR UNDER THEIR CONSUMER RIGHTS. ADDITIONAL INFORMATION IS SET OUT IN OUR TERMS AND CONDITIONS https://neat.no/terms-and-conditions/.
 
THIS WARRANTY CONTAINS AN ARBITRATION PROVISION, PLEASE SEE BELOW FOR DETAILS.
 
How Long Does This Warranty Last?
 
Neatframe Limited (“Neat”) warrants the product on the terms set forth below for one (1) year from the date of original purchase, unless you have purchased extended coverage, in which case the warranty will last for the period specified in the service contract from Neat and/or Neat authorized partner.
 
What Does This Warranty Cover?
 
Neat warrants that this product will be reasonably free of defects in materials and workmanship when the product is used for its intended purposes in accordance with Neat’s electronic and/or printed user guides and manuals. Except where restricted by law, this warranty applies only to the original purchaser of a new product. The product must also be in the country where it was purchased at the time of warranty service.
 
What Does This Warranty Not Cover?
 
This warranty does not cover: (a) cosmetic damage; (b) normal wear and tear; (c) improper operation; (d) improper voltage supply or power surges; (e) signal issues; (f) damage from shipping; (g) acts of God; (h) customer misuse, modifications or adjustments; (i) installation, set- up, or repairs attempted by anyone other than by an authorized service center; (j) products with unreadable or removed serial numbers; (k) products requiring routine maintenance; or (l) products sold “AS IS,” “CLEARANCE,” or by non-authorized retailers or resellers.
 
This limited warranty does not, under any circumstances, cover the replacement of or reimbursement for any product that is not a Neat product.
 
How Do I Get Warranty Service and What are Neat’s Responsibilities?
 
You may visit https://support.neat.no for help or you can email support@neat.no for assistance. You will be required to supply proof of purchase or a copy of proof of purchase to show that the product is within the warranty period.
 
If Neat determines that a product is covered by this warranty, Neat will (at its option) repair or replace it. In such case, Neat will issue a return merchandise authorization (“RMA”) and may require you to return, at your cost, the product to the point of purchase or such other place as Neat may direct.
 
When you return a product to our service center, the product must be shipped in its original packaging or in packaging that affords an equal degree of protection. Neat must receive the defective item within sixty (60) days of the date the RMA was issued by Neat. If Neat does not receive the item within such sixty (60) day period the RMA may be cancelled and you may be required to request a new RMA as set forth above. Neat is not responsible for transportation costs to the service center but will cover return ground shipping to you via standard courier.
 
Once Neat receives the product and confirms coverage under this warranty, Neat will—in its sole discretion—either repair the product and return it to you, or provide a replacement. There will be no additional charge for parts or labor for covered products during the warranty period. Replacement parts may be new or re-certified at Neat’s option and sole discretion.
 
Any repair or replacement items are shipped via standard courier / ground shipping with service levels of 1-2 weeks from the date of shipment dependent on your geography/location.
 
Notwithstanding the foregoing, if, upon receipt of the defective item, Neat determines (in its sole discretion) that the item is not covered by the warranty (including for the reasons set forth in the section herein entitled “What Does This Warranty Not Cover”), Neat will (at your option) dispose of the item without further obligation to Neat, or ship it back to you at your sole cost.
 
Replacement parts and labor are warranted for the remaining portion of the original warranty or for ninety (90) days from warranty service, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
 
ALL USER DATA AND DOWNLOADED APPLICATIONS STORED ON A PRODUCT WILL BE DELETED IN THE COURSE OF ALL SHIP-IN WARRANTY SERVICE.
 
Your product will be restored to its original state. You will be responsible for restoring all applicable user data and downloaded applications. Recovery and reinstallation of user data and downloaded applications is not covered under this warranty. In order to protect your personal information, Neat recommends that you clear all personal information from the product before it is serviced, regardless of the servicer.
 
What Do I Do If I Am Not Satisfied With Warranty Service?
 
If you feel Neat has not met its obligations under this warranty, you may attempt to resolve the issue informally with Neat. If you are unable to resolve the issue informally and wish to file a formal claim against Neat, and if you are a resident of the United States, you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury. Instead, your claim will be heard by a neutral arbitrator.
 
What Exclusions and Limitations Apply to this Limited Warranty?
 
THERE ARE NO EXPRESS WARRANTIES RELATING TO THE PRODUCT OTHER THAN THOSE DESCRIBED ABOVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEAT EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE DURATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
Limitation of Liability
 
NEAT WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF NEAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), NEAT MAY, AT ITS SOLE AND EXCLUSIVE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME COUNTRIES, STATES AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
What Law Governs This Warranty?
 
This warranty is governed by and construed under the laws in which the product was originally purchased. This warranty gives you specific legal rights, and you may also have other rights, which vary from country to country, state to state and province to province.
 
What Other General Terms Apply To This Warranty?
 
No employee or agent of Neat may modify this warranty. If any term of this warranty is found to be unenforceable, that term will be severed from this warranty and all other terms will remain in effect. This warranty applies to the maximum extent not prohibited by law.
 
Can This Warranty Be Changed?
 
This warranty may change without notice, but any change will not affect your original warranty. Check https://neat.no for the most current version.
 
Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)
 
UNLESS YOU HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE WARRANTY, A BREACH OF THE WARRANTY, OR THE PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SUBJECT TO BINDING ARBITRATION under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. A single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Service (“JAMS”), or other similar arbitration service provider acceptable to Neat to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jam sadr.com . However, at the election of any party, a court of competent jurisdiction may adjudicate any request for injunctive relief, but all other claims will first be decided by arbitration under this Agreement. This arbitration provision may be severed or modified, if necessary, to render it enforceable.
 
Each party to the arbitration shall pay his, her, or its own fees and costs of arbitration. If you cannot afford your arbitration fees and costs, you may apply for a waiver under the relevant rules.
 
The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase (if in the United States). The place of arbitration will be New York, New York or such other location as may be agreed to by the parties to the arbitration. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and Neat.
 
ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY ON BEHALF OF A CLASS OF INDIVIDUALS OR CONSUMERS. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.
 
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify in writing within sixty (60) days of the date that you purchased the product; (2) your written notification must be mailed to Neat at 100 Park Avenue, 16th Floor, New York, NY 10017, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver.