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NIMA Partners, LLC. LIMITED WARRANTY: NIMA Partners, LLC.(“NIMA Partners“) warrants to the original purchaser only that the NIMA Partners portable gluten sensor device you purchased (the “Product“) shall be free from defects in materials and workmanship under normal use for a period of 120 days from the date of retail purchase of the Product from NIMA Partners or an authorized NIMA Partners reseller by the original purchaser (“Warranty Period“). NIMA Partners offers extended warranties available for purchase. Capsules are non-refundable. Capsules have a 30 day guarantee from date of order unless otherwise specified through a promotion or special offering.
1. Remedies: If a hardware defect arises and a valid claim is received by NIMA Partners within the Warranty Period, NIMA Partners will, at its option and to the extent permitted by law, exchange the Product with a new or refurbished Product. If NIMA Partners, in its sole discretion, determines it is not reasonable to replace the defective Product, NIMA Partners may refund to you the purchase price paid for the Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by NIMA Partners itself or through its authorized reseller and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period, or for any additional period of time that may be applicable in your jurisdiction.
2. How to Obtain Warranty Service: To obtain warranty service, you must obtain a Return Merchandise Authorization (RMA) from our customer service team and deliver the Product, in its original packaging, together with proof of purchase, to the address specified by NIMA Partners. There are two options for return.
3. Exclusions and Limitations: This Limited Warranty applies only to the Product manufactured by or for NIMA Partners that can be identified by the NIMA Partners trademark affixed to it and additionally, its associated serial number. The Limited Warranty does not apply to any (a) NIMA Partners products and services other than the Product; (b) accessories (such as the micro-USB cable and the carrying pouch) or consumables (such as the NIMA Partners one-time use capsules or capsule pack vouchers); (c) damage caused by use of the Product with non-NIMA Partners capsules or other products; (d) damage caused by operating the Product outside the permitted or intended uses described by NIMA Partners or with improper voltage or power supply; (e) damage caused by accident, abuse, misuse, spillage of food or liquid or other external causes, including but not limited to improper storage, submersion in water or other liquids, or physical abuse, such as dropping; ( f) damage caused by service performed by anyone who is not a representative of NIMA Partners;(g) damage caused by normal “wear and tear,” including but not limited to cosmetic damage such as scratched display lenses and/or scratched paint; or (h) software, even if packaged or sold with the Product or embedded in the Product. Recovery and reinstallation of software programs and user data are not covered under this warranty. (g) purchases from unauthorized NIMA Partners resellers, products are not guaranteed for quality, no refunds will be processed, and there will be no exchanges should the product not be up to par. Please refer to the Terms of Service that accompany the NIMA Partners mobile application for details of your rights with respect to use of the mobile application and any other software or firmware provided by NIMA Partners as a part of its cloud-based services. THE PRODUCT IS NOT A MEDICAL DEVICE; IS NOT REGULATED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION; AND IS NOT DESIGNED TO DETERMINE WHETHER YOU WILL HAVE AN ALLERGIC REACTION OR SENSITIVITY TO THE FOODS THAT YOU TEST. YOU SHOULD NOT RELY ON NIMA Partners ALONE TO IDENTIFY THE PRESENCE OF ALLERGENS. YOU WILL STILL NEED TO ASK QUESTIONS OF THOSE WHO PREPARE FOOD, READ PACKAGING LABELS AND MENUS, AND CONSIDER ALL SOURCES OF INFORMATION IN ADDITION TO TESTS CONDUCTED WITH A NIMA Partners. USING NIMA Partners WILL NOT REPLACE THE NEED TO CARRY AN EPINEPHRINE AUTO-INJECTOR. IF A PRODUCT IS LABELED AS CONTAINING AN ALLERGEN, YOU SHOULD RELY ON THE LABEL. THE PRODUCT IS INTENDED TO BE USED WITH THE NIMA Partners ONE-TIME-USE CAPSULES AND THE NIMA Partners MOBILE APPLICATION TO DETERMINE WHETHER GLUTEN IS IN THE FOOD SAMPLE THAT YOU TEST, AND IS LIMITED TO THAT SAMPLE, WHICH MAY NOT BE REPRESENTATIVE OF THE FOOD SERVING AS A WHOLE. THE PRODUCT IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADULT SUPERVISION. THE PRODUCT IS NOT INTENDED FOR USE IN WHICH ERRORS OR FAILURE COULD LEAD TO PERSONAL INJURY OR DEATH. NONE OF THIS INFORMATION OR ANY OTHER INFORMATION IN OUR USAGE GUIDES IS IN ANY WAY INTENDED TO CONSTITUTE OR REPLACE MEDICAL ADVICE. No NIMA Partners reseller, agent, or employee is authorized to make any modification, extension or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
4. Implied Warranties and Conditions: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty or condition, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
5. Limitation of Damages: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NIMA PARTNERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF NIMA PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. Governing Law: This Limited Warranty shall be governed by the laws of the State of Washington, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
7. National Statutory Rights: Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If you have any questions, please contact customerservice@nimapartners.com.
