WARRANTY
3
4
11
12
Warranty Terms & Conditions
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for
compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable
quality and the failure does not amount to a major failure.
This warranty is provided in addition to your rights under the Australian Consumer Law.
Neltronics warrants that this product is free from defects in material and workmanship for a period of 36 months from the date of purchase or for the period stated
on the packaging. This warranty is only valid where you have used the product in accordance with any recommendations or instructions provided by Neltronics.
This warranty excludes defects resulting from alterations of the product, accident, misuse, abuse or neglect.
In order to claim the warranty, you must return the product to the retailer from which it was purchased or if that retailer is part of a National network, a store within
that chain, along with satisfactory proof of purchase. The retailer will then return the goods to Neltronics. Neltronics will repair, replace or refurbish the product at its
discretion. The retailer will contact you when the product is ready for collection. All costs involved in claiming this warranty, including the cost of the retailer sending
the product to Neltronics, will be borne by you.
For full warranty terms and conditions, visit:
https://www.neltronics.com.au/warranty-terms-and-conditions/
Neltronics Address:
4/50 Jersey St, Jolimont, Western Australia
Ph:
+61 08 9383 7833
Email:
INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS NESA AND ITS SUBSIDIARIES AND AFFILIATES FROM AND AGAINST ANY AND ALL
CLAIMS, PROCEEDINGS, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES), INCLUDING BUT NOT
LIMITED TO, CLAIMS ALLEGING NEGLIGENCE, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENT AND/OR TRADEMARK INFRINGEMENT AGAINST
NESA AND ITS SUBSIDIARIES AND AFFILIATES OR THE NESA SERVICES, RELATING TO OR ARISING OUT OF YOUR BREACH OF ANY PROVISION OF
THESE TERMS, YOUR MISUSE OF THE NESA OR NESA SERVICES, OR YOUR UNAUTHORIZED MODIFICATION OR ALTERATION OF PRODUCTS OR
SOFTWARE.
WARRANTY AND WARRANTY DISCLAIMER
NESA HAS A LIMITED WARRANTY ON WHEREBY NESA WARRANTS TO AND ONLY TO YOU THAT THE ON NESA MIRROR MONITOR DEVICES WILL BE
FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR THREE (3) YEARS FROM THE DATE OF YOUR PURCHASE OF THE ON NESA MIRROR
MONITOR DEVICES (UNLESS A LONGER WARRANTY PERIOD IS REQUIRED BY LAW). THE SPECIFICS OF THIS NESA LIMITED WARRANTY ARE AT
HTTPS://WWW.NELTRONICS.COM.AU/WARRANTY-TERMS-AND-CONDITIONS/
TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE NESA MIRROR MONITOR DEVICES,
YOU UNDERSTAND AND AGREE THAT THE NESA SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NESA MAKES NO WARRANTY
THAT THE NESA SERVICES WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE NESA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE NOR DOES NESA MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
NESA SERVICES (INCLUDING THIRD PARTY CONTENT), THAT ANY DEFECTS IN THE NESA SERVICES WILL BE CORRECTED OR THAT THE NESA
PRODUCTS OR NESA SERVICES WILL BE COMPATIBLE WITH ANY OTHER SPECIFIC HARDWARE OR SERVICE. FURTHER, NESA DOES NOT WARRANT
THAT THE NESA SERVICES OR THE NESA SERVERS THAT PROVIDE YOU WITH DATA AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. NESA ALSO ASSUMES NO RESPONSIBILITY FOR AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES THAT MAY
INFECT YOUR NESA MIRROR MONITOR DEVICES, COMPUTER SOFTWARE, OR OTHER HARDWARE.
YOU AGREE THAT NESA IS NOT AN INSURER AND THAT NESA IS NOT PROVIDING ME WITH INSURANCE OF ANY TYPE. ANY AMOUNTS THAT YOU PAY
NESA FOR THE NESA SERVICE ARE NOT INSURANCE PREMIUMS AND ARE NOT RELATED TO THE VALUE OF YOUR VEHICLE OR PROPERTY, ANYONE
ELSE’S PROPERTY LOCATED IN YOUR VEHICLE OR PREMISES, OR ANY RISK OF LOSS IN YOUR VEHICLE OR AT YOUR PREMISES. IF YOU WANT
INSURANCE TO PROTECT AGAINST ANY RISK OF LOSS AT YOUR VEHICLE OR PREMISES, YOU WILL PURCHASE IT. IN THE EVENT OF ANY LOSS,
DAMAGE OR INJURY, YOU WILL NOT LOOK TO NESA TO COMPENSATE YOU OR ANYONE ELSE. YOU RELEASE AND WAIVE FOR YOURSELF AND YOUR
INSURER ALL SUBROGATION AND OTHER RIGHTS TO RECOVER AGAINST NESA ARISING AS A RESULT OF THE PAYMENT OF ANY CLAIM FOR LOSS,
DAMAGE OR INJURY.
NESA’S EQUIPMENT AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF CERTAIN EVENTS, INCLUDING, BUT NOT LIMITED
TO, VEHICLE ACCIDENTS, PROPERTY DAMAGE, LOST PROPERTY, THEFT OF VEHICLE, THEFT OF PROPERTY. NESA MAKES NO GUARANTEE OR
WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE NESA EQUIPMENT
AND SERVICES PROVIDED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES. NESA DOES NOT UNDERTAKE ANY RISK THAT
YOU OR YOUR VEHICLE OR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT
OCCURS. THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT NESA.
OTHER THAN THE ABOVE PRODUCT WARRANTY FOR THE NESA MIRROR MONITOR DEVICES, NESA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE NESA EQUIPMENT AND ANY ASSOCIATED APP/SERVICE. INCLUDING
ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, THE LAST SENTENCE OF THIS SECTION MAY NOT
APPLY TO YOU. NESA HEREBY FURTHER EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS FOR SERVICE FAILURES THAT ARE DUE TO
NORMAL PRODUCT WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION OR YOUR NON-COMPLIANCE
WITH ANY AND ALL APPLICABLE FEDERAL, STATE OR LOCAL LAWS. THIS WARRANTY AND WARRANTY DISCLAIMER GIVE YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE, PROVINCE, OR COUNTRY. OTHER THAN AS PERMITTED BY LAW, NESA DOES NOT
EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES
CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. FOR OUR
AUSTRALIAN CUSTOMERS: PLEASE NOTE THAT THIS WARRANTY IS IN ADDITION TO ANY STATUTORY RIGHTS IN AUSTRALIA IN RELATION TO YOUR
GOODS WHICH, PURSUANT TO THE AUSTRALIAN CONSUMER LAW, CANNOT BE EXCLUDED.
LIMITATIONS OF NESA LIABILITY
UNDER NO CIRCUMSTANCES WILL NESA BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF CONTENT, ANY
ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE.
TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. NESA LIABILITY FOR DAMAGES, ESPECIALLY
FOR BREACH OF DUTY OR OBLIGATION, DELAY IN PERFORMANCE, NON-PERFORMANCE, OR MAL-PERFORMANCE SHALL BE PRECLUDED, EXCEPT
WHEN THESE ARE DUE TO NEGLIGENT BREACHES OF ANY SIGNIFICANT CONTRACTUAL DUTY OR OBLIGATION ON THE PART OF NESA. ANY
LIABILITY FOR NEGLIGENCE IS LIMITED TO DIRECT LOSSES USUALLY AND TYPICALLY FORESEEABLE IN SUCH CASE. SHOULD THE CLAIM FOR
DAMAGES BE BASED ON WILFUL OR GROSSLY NEGLIGENT BREACH OF CONTRACTUAL DUTY OR OBLIGATION ON THE PART OF NESA, THE
PRECLUSION AND LIMITATION OF LIABILITY MENTIONED IN THE PRECEDING SENTENCES WILL NOT APPLY. THE PRECEDING PRECLUSION AND
LIMITATION OF LIABILITY WILL ALSO NOT APPLY TO CLAIMS FOR DAMAGES ARISING OUT OF LOSS OF LIFE, BODILY INJURY OR HEALTH IMPACTS
FOR WHICH NESA MAY BE LIABLE, OR FOR NON-CONTRACTUAL LIABILITY.
SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. ADDITIONALLY, THIS PROVISION IS NOT INTENDED TO LIMIT NESA'S LIABILITY IN THE EVENT OF
NESA'S WILFUL OR INTENTIONAL MISCONDUCT.
