NEXX Helmets SX.COM - Manual (Page 25)

SX.COM
25
English
damages, whether caused in whole or in part by the negligence or
other conduct of others, including the Company.
5. You confirm that you have read this release of liability and fully
understand its terms and that you have given up substantial rights
by not returning the Device for a full refund (see refund option below).
Two-year Limited Warranty
Sena Technologies, Inc. (“Sena”) warrants that this product (“Product”)
shall conform to and perform in accordance with published technical
specifications and the accompanying written materials, and shall be free
of defects in materials and workmanship, for a period of two (2) year from
the date of purchase by the first consumer purchaser of the Product.
The limited warranty extends only to the original consumer purchaser
of the Product and is not assignable or transferable to any subsequent
purchaser/end-user.
This warranty is limited to the repair and/or replacement, at Sena’s
discretion, of defective or non-conforming Product, and Sena shall
not be responsible for the failure of the Product to perform specified
functions, or any other non-conformance caused by or attributable to:
(a) any misapplication or misuse of the Product; (b) failure of Customer
to adhere to any of Sena’s specifications or instructions; (c) neglect
of, abuse of, or accident to, the Product; or (d) any associated or
complementary equipment or software not furnished by Sena.
Limited warranty service may be obtained by delivering the Product to
Sena or to the international distributor it was purchased through and
providing proof of purchase or receipt date. Customer agrees to insure
the Product or assume the risk of loss or damage in transit, to prepay
shipping charges to Sena, and to use the original shipping container or
equivalent.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SENA MAKES NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT
TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT
TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER SENA NOR ITS DEALER SHALL BE
LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT
NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS
RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH
THE USE OF FURNISHING OF EQUIPMENT, PARTS OR SERVICES
HEREUNDER OR THE PERFORMANCE, USE OR INABILITY TO USE
THE SAME, EVEN IF SENA OR ITS DEALER HAS BEEN ADVISED OF