NOUFLEX LLC warrants that the NOUFLEX system manufactured by NOUFLEX LLC (the “Product”) is substantially free from defects is workmanship and materials for a period of 90-days from the invoice date. Should your product show signs of detective workmanship or material prior to the expiration of the 90-day warranty, you may call our customer service department at 800-524-0899 for instructions for returning your Product. In order to make a valid claim under this warranty, you must comply with all NOUFLEX LLC return shipping instructions. NOUFLEX LLC will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product falls under an exclusion as defined below.
The above limited warranty shall not apply in the event of defects caused by:
- Physical abuse, misuse, damage or neglect of the Product or any component or accidents or acts of vandalism by any persons.
- Alterations, modifications made to the Product made by any person or entity other than NOUFLEX LLC.
- Any use or operation of the Product other than in accordance with NOUFLEX LLC’s then-current published specifications and instructions for the Product.
- Any non-NOUFLEX LLC products, even if packaged or sold with the Product.
- Any non-conformities or defects notified by you to NOUFLEX LLC after the expiration of the warranty period for the Product.
This warranty does not extend to normal wear and tear of the Product.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCT, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCT OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCT. NOUFLEX LLC ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. ANY AND ALL INFORMATION PROVIDED TO YOU BY NOUFLEX LLC AND RELATED TO THE PRODUCT (“PRODUCT INFORMATION”) MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITATION, ALL PRODUCT INFORMATION IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” NOUFLEX LLC DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE OR RELIABLE. YOU USE ALL PRODUCT INFORMATION AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. NOUFLEX LLC DISCLAIMS, AND YOU WILL BE SOLELY RESPONSIBLE FOR, ANY AND ALL LOSS, LIABILITY, OR DAMAGES RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION OR PRODUCT.
Your sole and exclusive remedy and NOUFLEX LLC’s sole and exclusive liability for a breach of this limited warranty shall be, at NOUFLEX LLC’s sole discretion, commercially reasonable efforts to repair or replace the non-conforming Product or a refund of the purchase price for that Product. Repair or replacement may be made with a new or refurbished product or components, at NOUFLEX LLC’s sole discretion. If the Product or a component within it is no longer available, NOUFLEX LLC may, at its sole discretion, replace the Product with a similar product of similar function. Any Product that has been repaired or replaced under this limited warranty will be covered by the terms of this limited warranty for the longer of (a) ninety (90) days from the date of the delivery or the repaired Product or its replacement, or (b) the remainder of the original limited warranty period.
Limitation of Liability
IN NO EVENT SHALL NOUFLEX LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCT, MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCT, SERVICES RELATED THERETO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NOUFLEX LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages
NOUFLEX LLC’s TOTAL CUMULATIVE LIABILITY ARISING OUT OF PRODUCT, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCT, SERVICES RELATED THERETO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE PAID BY YOU FOR THE APPLICABLE PRODUCT.
The foregoing limitations on liability set forth may be restricted by applicable law and may not apply to you.
No sale of any Product, and nothing in this warranty, shall be construed as granting to you any license or other proprietary or intellectual property right applicable to the Product. You may not alter or remove, and shall abide by, any patent, trademark, copyright, trade secret, proprietary or other notices contained on or in the Product. You shall not (a) modify, copy, enhance, make derivative works of the Product, (b) disassemble or otherwise reverse engineer the Product nor (c) remove or obscure any copyright, patent, trademark, trade secret, restricted or limited rights, export restriction or similar notice affixed to any Product.
You expressly agree and acknowledge that this warranty inures to the benefit of NOUFLEX LLC and , its affiliates and successors, and that NOUFLEX LLC or its affiliates or successors may directly enforce the terms of this Agreement.
This warranty shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. You shall not assign this warranty without NOUFLEX LLC’s prior written consent. If any provision of this warranty shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this warranty, the validity of the remaining portions or provisions hereof shall remain in full force and affect. NOUFLEX LLC shall not be liable for failure to perform any of its obligations hereunder by reasons that are beyond its reasonable control, including, without limitation, fire, flood, earthquake, interruptions in supply, other natural disaster, war, embargo, riot or acts of terrorism.