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Other World Computing (OWC) offers a lifetime warranty on all new NewerTech NuGuard KX cases for iPhone, Samsung, or iPad mini which warrants the product to be free from defects in workmanship and materials. This warranty shall extend only to the original purchaser and is non-transferrable. This replacement warranty does NOT cover the iPhone or iPad mini contained within the NuGuard KX case nor NuGuard KX cases exhibiting normal wear and tear, discoloration from use or environmental conditions, or any use outside of the case's intended use.
This Limited Warranty applies only to the NewerTech NuGuard KX for iPhone or iPad mini purchased. The Limited Warranty does not apply to any other NewerTechnology, Inc. (NewerTech) or Other World Computing, Inc. (OWC) hardware products or any software, even if packaged or sold with other hardware. Manufacturers, suppliers, or publishers, other than NewerTech and OWC product, may provide their own warranties to the end user purchaser, but NewerTech, in so far as permitted by law, provides their products "as is". Software included with any listed product is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use.
Neither NewerTech, nor OWC warrant that the operation of the product will be uninterrupted or error-free. Neither NewerTech, nor OWC are responsible for damage arising from failure to follow instructions relating to the product's use.
This warranty does not apply: (a) to damage caused by use with non-OWC products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by OWC; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of OWC or an OWC Authorized Service Provider; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of OWC; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if any OWC serial number has been removed or defaced.
This warranty does not apply: (a) to damage caused by use with non-NewerTech products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by NewerTech or OWC; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of NewerTech, OWC or an Authorized Service Provider of NewerTech or OWC; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of NewerTech and OWC; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; or (g) if any NewerTech serial number has been removed or defaced.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, NEWERTECH AND OWC SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF NEWERTECH OR OWC CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY OWC IN ITS SOLE DISCRETION. No OWC or NEWERTECH reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, NEWERTECH, ALONG WITH OWC, ITS PARENT, NEW CONCEPTS DEVELOPMENT CORPORATION, AND ITS AFFILIATES ARE 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 OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH OWC PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. OWC DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
Please access, review the all included product information, and contact our technical service department before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the Other World Computing representatives or, if applicable, an Other World Computing Authorized Service Provider located using the information provided in the documentation. An Other World Computing representative or Other World Computing Authorized Service Provider will help determine whether your product requires service and, if it does, will inform you how Other World Computing will provide it. Other World Computing or its Other World Computing Authorized Service Providers will provide warranty service on products that are tendered or presented for service during the Warranty Period, as permitted by law.
You will be responsible for shipping and handling charges to the United States of America for any warranty service. If you are located outside of the United States of America, you also may be responsible for return shipping, via carrier of your choice, of the repaired product back to you. In accordance with applicable law, Other World Computing may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.
This warranty is expressly subject to the website Terms & Conditions ("Terms") & Terms of Sale located at: http://eshop.macsales.com/service/terms/sale, which are hereby incorporated herein and made a part hereof by this reference.