(“Near“) warrants the Near bulb (the “Product“), and only the Product, against defects in materials and workmanship under normal use (“Defect”) for a period of TWO YEARS (730 days) from the date of retail purchase by the original purchaser (“Warranty Period“). Under this Limited Warranty, if a defect arises and a valid claim is received by Near® within the Warranty Period, at its option and to the extent permitted by law, Near® will either: 1. repair the Product at no charge, using new or refurbished replacement parts --or-- 2. exchange the Product with a new or refurbished Product.
In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. A replacement Product or part assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever is longer. When a Product or part of the Product is exchanged, any replacement item becomes your property and the replaced item becomes Near‘s property. Parts provided by Near in fulfillment of its warranty obligation must be used in Products for which warranty service is claimed.
EXCLUSIONS & LIMITATIONS
This Limited Warranty applies only to the Product manufactured by or for Near that can be identified by the “Near trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Near products and services other than the Product, (b) non- Near hardware product, (c) consumables (such as batteries), or (d) software, even if packaged or sold with the Product or embedded in the Product. Refer to the licenses accompanying the software for details of your rights with respect to its use. Near does not warrant that the operation of the Product will meet your needs or requirements or be uninterrupted or error free. Near is not responsible for damage arising from failure to follow instructions relating to the Product‘s use or from failures resulting from inadequate electrical supply or internet access. This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g. to alter functionality or capability) by anyone who is not a representative of Near or if the Product is inserted or installed in a casing not provided by Near. In addition, this Limited Warranty does not apply to Defects or damage caused by (a) use with non-Near products; (b) accident, abuse, misuse, flood, fire, earthquake or other external causes or abnormal conditions; (c) operating the product outside the permitted or intended uses or conditions described by Near or with improper voltage or power supply; or (d) service (including upgrades and expansions) performed by anyone who is not a representative of Near. Recovery and re-installation of software programs and user data are not covered under this Limited Warranty. This Limited Warranty does not cover the cost of returning the Product to Near®; this is your responsibility. No Near 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. This warranty does not apply to any products purchased from third party sellers on Amazon, eBay, Walmart Marketplace and other online marketplaces. We strongly suggest that you do not buy Near products from any unauthorized sellers, as such products may be used, defective, counterfeit or may not be designed for use in your country.
THE WARRANTIES SET FORTH HEREIN ARE THE EXCLUSIVE WARRANTIES PROVIDED BY Near, AND EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT) ARE HEREBY EXCLUDED.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Near® SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OF THE PRODUCT OR BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. Near®’S LIABILITY FOR DAMAGES RESULTING FROM ANY USE OF THE PRODUCT OR BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY WILL BE LIMITED TO THE ORIGINAL COST PAID FOR OF THE DEFECTIVE PRODUCT.