Nuera Product Warranty Information
Nuera warrants that general release/available hardware products shall substantially conform to Nuera’s published specifications for the hardware product for the particular configuration ordered for a period of one (1) year from the date of shipment. For a period of ninety (90) days from the date of shipment, general release/available software products shall substantially conform to Nuera’s published specifications for the product for the particular configuration ordered of the most recent generally available software. In the event that the configuration ordered is NOT the most recent general release/available software for the product – then such software is provided “as is” and without warranty of any kind and WILL NOT be maintained or supported by Nuera unless a separate support/maintenance agreement is entered into and the appropriate fee paid for maintaining an old software version. The software and any storage media on which software products are provided are warranted for ninety (90) days from the date of shipment. Products sold as beta, demonstration or evaluation are sold or provided "as is" without warranty including but not limited to compliance with specifications. The foregoing warranty does not apply to any products which have been subject to misuse, neglect, accident, or modification or which have been altered and are not capable of being tested by Nuera under its normal test conditions. Nuera's sole obligation to customer hereunder for products failing to meet the aforesaid warranty shall be, at Nuera's discretion, to repair or replace the nonconforming products or issue customer credit for the purchase price of the non-conforming products, where within the warranty period: 1) Nuera has received written notice of any nonconformity; and 2) After Nuera's written authorization to do so customer has returned the non-conforming products to Nuera, freight prepaid; and 3) Nuera has determined that the products are non-conforming and that such nonconformity is not a result of customer’s conduct. No product may be used in a life support application or as single life line. All requests for warranty repairs of hardware shall be made in accordance with Nuera's RMA policy, which is hereby incorporated by reference. Nuera warrants that products sold hereunder shall at the time of shipment be free and clear of liens and encumbrances.
THIS WARRANTY EXTENDS TO CUSTOMER ONLY AND MAY BE INVOKED BY CUSTOMER FOR ITS CUSTOMERS. NUERA SHALL NOT ACCEPT WARRANTY RETURNS DIRECTLY FROM CUSTOMER’S CUSTOMERS OR USERS OF CUSTOMER’S PRODUCTS OR DEVICES. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. NUERA SHALL NOT BE LIABLE FOR DAMAGES DUE TO DELAYS IN DELIVERIES OR USE. IN NO EVENT SHALL NUERA BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DUE TO BREACH OF THIS WARRANTY OR FOR ANY INFRINGEMENT ACTION INITIATED BY A THIRD PARTY. CUSTOMER’S SOLE REMEDY FOR ANY BREACH SHALL BE LIMITED TO THE REMEDIES SET FORTH HEREIN AND SHALL NOT EXCEED THE SALE PRICE FOR THE PRODUCTS.