WARRANTY LIMITATIONS THAT MAY AFFECT CONSUMER LAW
To the extent permitted by law, this warranty and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied. Nettare disclaims all statutory and implied warranties, including without limitation, warranties of merchantibility and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Nettare limits the duration and remedies of such warranties to the duration of this express warranty and , at nettare’s option, the repair or replacement services described below. Some states (Countries and Provinces) may last, so the limitation described above may not apply to you.WHAT IS COVERED BY THIS WARRANTY?
Nettare warrants the Nettare branded Product and Accessories contained in the Original Packaging (“NETTARE PRODUCT”) against defects in materials and workmanship when used normally in accordance with Nettare’s published guidelines for a period of one (1) year from the date of original retail purchase by the end-user purchaser (“WARRANTY PERIOD”). Nettare’s published guidelines include but are not limited to information contained in technical specification, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty does not apply to any non-nettare branded products or any accessory, even if packaged or sold with nettare hardware. manufacturers, suppliers, or publishers, other than nettare, may provide their own warranties to you but nettare, in so far as permitted by law, provides their products “as is”. nettare does not warrant that the operation of the nettare product will be uninterrupted or error-free. nettare is not responsible for damage arising from failure to follow instructions relating to the nettare product’s use. this warranty does not apply: (a) to consumable parts, such as capsules, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product such as “comptible capsules”; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the nettare product outside nettare’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of nettare or a nettare authorized service provider (g) to a nettare product that has been modified to alter functionality or capability without the written permission of nettare; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the nettare product, or (i) if any serial number has been removed or defaced from the nettare product.
The nettare system constantly promises unparallelled coffee experiences, constantly. to help you maintain the quality of your coffee experiences, please take note of the following:
- After each use of your machine, run water through (without a capsule in the unit), in order to avoid the deposit of coffee grounds within the flow system.
- To maintain the optimum temperature and quality of your espresso, descale your machine regularly.
- As the quality of water is essential for a good espresso, we also advise that you refill the water tank on a daily basis.
WHAT WILL NETTARE DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the warranty period you submit a valid claim to nettare, nettare will, at its option, (i) repair the nettare product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the nettare product with a product that is at least functionally equivalent to the nettare product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) exchange the nettare product for a refund of your purchase price.
Nettare may request that you replace certain user-installable parts or products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by nettare, assumes the remaining warranty of the nettare product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes nettare’s property.
HOW TO OBTAIN WARRANTY SERVICE?
PLEASE ACCESS AND REVIEW THE ONLINE HELP RESOURCES DESCRIBED BELOW BEFORE SEEKING WARRANTY SERVICE. IF THE NETTARE PRODUCT IS STILL NOT FUNCTIONING PROPERLY AFTER MAKING USE OF THESE RESOURCES, PLEASE CONTACT A NETTARE REPRESENTATIVE OR, IF APPLICABLE, A NETTARE OWNED RETAIL STORE (“NETTARE RETAIL”), USING THE INFORMATION PROVIDED BELOW. A NETTARE REPRESENTATIVE WILL HELP DETERMINE WHETHER YOUR NETTARE PRODUCT REQUIRES SERVICE AND, IF IT DOES, WILL INFORM YOU HOW NETTARE WILL PROVIDE IT. WHEN CONTACTING NETTARE VIA TELEPHONE, OTHER CHARGES MAY APPLY DEPENDING ON YOUR LOCATION.
ONLINE INFORMATION WITH DETAILS ON OBTAINING WARRANTY SERVICE IS PROVIDED BELOW.
WARRANTY SERVICE OPTIONS
NETTARE WILL PROVIDE WARRANTY SERVICE THROUGH ONE OR MORE OF THE FOLLOWING OPTIONS:
(I) CARRY-IN SERVICE. YOU MAY RETURN YOUR NETTARE PRODUCT TO A NETTARE RETAIL LOCATION OFFERING CARRY-IN SERVICE. SERVICE WILL BE PERFORMED AT THE LOCATION, OR NETTARE RETAIL MAY SEND YOUR NETTARE PRODUCT TO A NETTARE REPAIR SERVICE (“NRS”) LOCATION TO BE SERVICED. ONCE YOU ARE NOTIFIED THAT SERVICE IS COMPLETE, YOU WILL PROMPTLY RETRIEVE THE NETTARE PRODUCT FROM THE NETTARE RETAIL, OR THE NETTARE PRODUCT WILL BE SENT DIRECTLY TO YOUR LOCATION FROM THE NRS LOCATION.
(II) MAIL-IN SERVICE. IF NETTARE DETERMINES THAT YOUR NETTARE PRODUCT IS ELIGIBLE FOR MAIL-IN SERVICE, NETTARE WILL SEND YOU PREPAID WAYBILLS AND IF APPLICABLE, PACKAGING MATERIAL, SO THAT YOU MAY SHIP YOUR NETTARE PRODUCT TO A NRS IN ACCORDANCE WITH NETTARE’S INSTRUCTIONS. ONCE SERVICE IS COMPLETE, THE NRS OR AASP LOCATION WILL RETURN THE NETTARE PRODUCT TO YOU. NETTARE WILL PAY FOR SHIPPING TO AND FROM YOUR LOCATION IF ALL INSTRUCTIONS ARE FOLLOWED.
(III) DO-IT-YOURSELF (DIY) PARTS SERVICE. DIY PARTS SERVICE ALLOWS YOU TO SERVICE YOUR OWN NETTARE PRODUCT. IF DIY PARTS SERVICE IS AVAILABLE IN THE CIRCUMSTANCES, THE FOLLOWING PROCESS WILL APPLY.
(A) SERVICE WHERE NETTARE REQUIRES RETURN OF THE REPLACED PRODUCT OR PART. NETTARE MAY REQUIRE A CREDIT CARD AUTHORIZATION AS SECURITY FOR THE RETAIL PRICE OF THE REPLACEMENT PRODUCT OR PART AND APPLICABLE SHIPPING COSTS. IF YOU ARE UNABLE TO PROVIDE CREDIT CARD AUTHORIZATION, DIY PARTS SERVICE MAY NOT BE AVAILABLE TO YOU AND NETTARE WILL OFFER ALTERNATIVE ARRANGEMENTS FOR SERVICE. NETTARE WILL SHIP A REPLACEMENT PRODUCT OR PART TO YOU WITH INSTALLATION INSTRUCTIONS, IF APPLICABLE, AND ANY REQUIREMENTS FOR THE RETURN OF THE REPLACED PRODUCT OR PART. IF YOU FOLLOW THE INSTRUCTIONS, NETTARE WILL CANCEL THE CREDIT CARD AUTHORIZATION, SO YOU WILL NOT BE CHARGED FOR THE PRODUCT OR PART AND SHIPPING TO AND FROM YOUR LOCATION. IF YOU FAIL TO RETURN THE REPLACED PRODUCT OR PART AS INSTRUCTED OR RETURN A REPLACED PRODUCT OR PART THAT IS INELIGIBLE FOR SERVICE, NETTARE WILL CHARGE YOUR CREDIT CARD FOR THE AUTHORIZED AMOUNT.
(B) SERVICE WHERE NETTARE DOES NOT REQUIRE RETURN OF THE REPLACED PRODUCT OR PART. NETTARE WILL SHIP YOU FREE OF CHARGE A REPLACEMENT PRODUCT OR PART ACCOMPANIED BY INSTRUCTIONS ON INSTALLATION, IF APPLICABLE, AND ANY REQUIREMENTS FOR THE DISPOSAL OF THE REPLACED PRODUCT OR PART.
(C) NETTARE IS NOT RESPONSIBLE FOR ANY LABOR COSTS YOU INCUR RELATING TO DIY PARTS SERVICE. SHOULD YOU REQUIRE FURTHER ASSISTANCE, CONTACT NETTARE AT THE TELEPHONE NUMBER LISTED BELOW.
(IV) HOME SERVICE. HOME SERVICE ALLOWS YOU TO CALL IN OR MAIL US THE ISSUES WITH YOUR NETTARE PRODUCT, FOLLOWED BY A HOME VISIT BY OUR SERVICE PROVIDERS. ON THE SPOT REPAIR WILL BE ATTEMPTED, IF POSSIBLE. IF ON THE SPOT REPAIR IS NOT POSSIBLE, OUR SERVICE PROVIDER WILL PROVIDE A REPLACEMENT MACHINE WITH EQUIVALENT FUNCTIONALITY AND TAKE THE EXISTING ONE. THE WARRANTY ON THE REPLACEMENT MACHINE IS 90 DAYS OR THE REMAINDER OF THE WARRANTY PERIOD, WHICHEVER IS GREATER.
NETTARE RESERVES THE RIGHT TO CHANGE THE METHOD BY WHICH NETTARE MAY PROVIDE WARRANTY SERVICE TO YOU, AND YOUR NETTARE PRODUCT’S ELIGIBILITY TO RECEIVE A PARTICULAR METHOD OF SERVICE. SERVICE WILL BE LIMITED TO THE OPTIONS AVAILABLE IN THE COUNTRY WHERE SERVICE IS REQUESTED. SERVICE OPTIONS, PARTS AVAILABILITY AND RESPONSE TIMES MAY VARY ACCORDING TO COUNTRY. YOU MAY BE RESPONSIBLE FOR SHIPPING AND HANDLING CHARGES IF THE NETTARE PRODUCT CANNOT BE SERVICED IN THE COUNTRY IT IS IN. IF YOU SEEK SERVICE IN A COUNTRY THAT IS NOT THE COUNTRY OF PURCHASE, YOU WILL COMPLY WITH ALL APPLICABLE IMPORT AND EXPORT LAWS AND REGULATIONS AND BE RESPONSIBLE FOR ALL CUSTOM DUTIES, V.A.T. AND OTHER ASSOCIATED TAXES AND CHARGES. FOR INTERNATIONAL SERVICE, NETTARE MAY REPAIR OR REPLACE PRODUCTS AND PARTS WITH COMPARABLE PRODUCTS AND PARTS THAT COMPLY WITH LOCAL STANDARDS.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETTARE IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. NETTARE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY NETTARE PRODUCT UNDER THIS WARRANTY OR REPLACE THE NETTARE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE NETTARE PRODUCT.
SOME STATES (COUNTRIES 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.