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WARRANTY
NIRA is committed to quality. Each NIRA Laser is rigorously tested for quality and performance. Our limited warranty covers defects in materials and workmanship of your NIRA Laser.
WHAT IS COVERED BY THE LIMITED WARRANTY?
This limited warranty covers defects in materials and workmanship in your NIRA Laser if you purchased it from an authorized partner or directly from the manufacturer (NIRA). Your limited warranty is valid for you alone, the original purchaser and cannot be transferred.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY
This limited warranty does not cover damage, defects, or failure caused by abuse or misuse; improper care; impact or insertion of foreign objects; vandalism; improper storage; improper or incorrectly performed maintenance or repair; application of harmful chemicals; Acts of God, fire, or water; abrasives; negligence; failure to follow manufacturer’s instructions; loss of the NIRA Laser; normal wear and tear; alteration; overuse; professional use; or commercial use.
HOW LONG DOES THIS LIMITED WARRANTY LAST?
The limited warranty begins on the date of order delivery and is in effect for one full year.
WHAT WILL NIRA DO IF MY NIRA LASER IS DEFECTIVE?
If you discover a covered defect in your NIRA Laser at any time, contact our Customer Support Team at info@niraskin.com for assistance.
If defective, we will repair or replace your NIRA Laser. Customer Care will contact you and keep you updated on the progress of repairs and return shipments.
If we confirm a defect covered by this limited warranty, we will, at our option, take one of the following actions:
(i) replace your NIRA Laser with either a new or a refurbished NIRA Laser that is the same as or similar to the NIRA Laser you purchased; or
(ii) repair your NIRA Laser using either new or refurbished parts.
If we find that the defect in your NIRA Laser is not covered under this limited warranty, we will notify you about the service alternatives that are available on a fee basis. If we find that your NIRA Laser is not defective, we will notify you and return your NIRA Laser to you.
All Limited Warranty services must be authorized and performed by NIRA or a service provider authorized by NIRA.
Warranty Limitations and Disclaimers…
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION).
THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NIRA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NIRA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF NIRA IS ADVISED OR AWARE THAT SUCH DAMAGES MIGHT ARISE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF THE NIRA SYSTEM, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF THIRD PARTIES, OR DAMAGE TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY CAUSED BY A DEFECT IN THE NIRA LASER. SOME STATES DO NOT ALLOW LIMITS ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH STATES, THE LIMITS IN THIS PARAGRAPH AND THE DISCLAIMER OR EXCEPTIONS FROM WARRANTY MAY NOT APPLY.
THESE WARRANTY TERMS, CONDITIONS AND LIMITATIONS ALLOCATE THE RISKS OF PRODUCT FAILURE BETWEEN NIRA AND YOU, THE PURCHASER OF THE NIRA SYSTEM. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE NIRA. BY USING THE NIRA LASER YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, CONDITIONS AND LIMITATIONS, UNDERSTAND THEM, AND ARE BOUND BY THEM.
Product Changes…
NIRA reserves the right to make changes and improvements to its products without incurring any obligation to incorporate such improvements in products previously sold.
Disputes…
This warranty is governed by the laws of the State of Massachusetts USA, without regard to principles of conflicts of laws, and applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. YOU AGREE TO SUBMIT ANY CLAIM, DISPUTE, OR CONTROVERSY (REGARDLESS OF THE FORM OR TYPE OF ACTION) AGAINST US TO ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (available at http://www.arb-forum.com or via telephone at +1 800-474-2371). Except to the extent otherwise required by law, you agree that the arbitration proceedings will take place exclusively in Peabody, Massachusetts, USA. You may be entitled to file suit under state laws without submitting your claim to arbitration first. Information on arbitration may be obtained from, and a claim may be filed with, the National Arbitration Forum at P.O. Box 50191, Minneapolis, MN 55405-0191 USA.
Time for Filing Claims
Any claim for breach of this limited warranty must be commenced by within twenty four (24) months following the original purchase of the NIRA Laser.
No Other Warranties
Unless modified in a writing signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of NIRA or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to those made herein.
Miscellaneous Terms
As used in this contract, "we" and "us" refers to NIRA. "You" refers to the original purchaser of the NIRA. A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. We shall be excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or materials shortages or disputes, or other circumstances not under our control. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.