LIMITED WARRANTY Version for Online Sales
LIMITED WARRANTY FOR MYSWING BASEBALL®
Beijing Noitom Technology Limited ("Noitom") warrants this Product against any defects in material or workmanship for twelve (12) months from the date of sale. Pursuant to this Limited Warranty, Noitom will, at its option, (i) repair the Product using new or refurbished parts or (ii) replace the Product with a new or refurbished Product. For purposes of this Limited Warranty, "refurbished" means a Product or part that has been returned to its original specifications. In the event of a defect, these are your exclusive remedies.
Proof of Purchase and warranty registration is required to demonstrate eligibility for warranty service. To register your product please go online to www.myswingbaseball.com/warrantyregistration
WARRANTY EXCLUSIONS: Noitom’s Limited Warranty does not apply to any mySwing Baseball® products that have been subjected to physical damage after purchase, caused, for example, by casualty, accident, acts of God or transportation, including: (a) by a failure to properly package and ship the product back to Noitom for warranty service in accordance with Noitom’s packaging and shipping guidelines; (b) resulting from the user's installation, system integration, programming, re-installation of user operating systems or applications software, systems engineering, relocation, reconstruction of data, or removal of the product or any component (including breakage of a connector, pins, or socket); (c) from service, modification or repair not performed by Noitom, or by tampering, use of counterfeit or other non-Noitom components, assemblies, accessories, or modules; (d) by misuse, unreasonable handling or maintenance, mistreatment, operator error, failure to provide proper supervision or maintenance including use of cleaning products or other accessories not approved by Noitom, or use in contravention of recommended procedures or specifications; (e) by environmental conditions (such as excessive heat or other unsuitable physical operating environment), corrosion, staining, electrical work external to the product or failure to provide electro-static discharge (ESD) protection; (f) by failure to install firmware updates or releases available for the product and (g) by such other supplemental exclusions published occasionally online at http://www.myswingbaseball.com/warranty.
ELIGIBILITY: The warranty protects the original purchaser of the mySwing Baseball® product exclusively and only as long at the product is used in one of the following countries: (Americas) Canada, USA (Europe) Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Ireland, Liechtenstein, Luxembourg, Monaco, Netherlands, Norway,Portugal, Spain, Sweden, Switzerland, United Kingdom (Asia/Pacific) Australia, China, Hong Kong, India, Indonesia, Malaysia, New Zealand, Singapore, Thailand (Middle East/Africa) Qatar, United Arab Emirates, Nigeria, South Africa. This warranty does not apply to purchases made from Authorized Dealers. Noitom provides no Limited Warranty for products purchased from or used in countries other than those listed, unless covered by an Limited Warranty published online at http://www.myswingbaseball.com/warranty. Noitom provides no Limited Warranty for products that are purchased as part of a third party manufacturer' s product, computer system or other electronic device. Any warranty for these products is provided by the OEM (Original Equipment Manufacturer) as part of that manufacturer’s product or system. The mySwing Baseball® kit will be ineligible for any service under the Limited Warranty if the product falls under any of Noitom’s Warranty Exclusions, including a purchaser's failure to return defective products to Noitom in compliance with Noitom’s Packaging and Shipping Guidelines.
A replacement product provided to a purchaser shall assume the remainder of the Limited Warranty period applicable to the defective product, or thirty (30) days from receipt of the replacement product, whichever is longer.
Any defective products or parts replaced by Noitom become the property of Noitom.
BY REQUESTING SERVICE, THE ELIGIBLE PURCHASER ACKNOWLEDGES AND AGREES TO THE TERMS OF THE LIMITED WARRANTY INCLUDING THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISIONS PRIOR TO SEEKING SERVICE. IN NO EVENT SHALL NOITOM BE RESPONSIBLE FOR OR LIABLE TO PURCHASER OR ANY OTHER PERSON FOR LOST OR DAMAGED DATA OR FILES.
NOITOM RESERVES THE RIGHT TO CHANGE AT ANY TIME AND WITHOUT PRIOR NOTICE ANY OF ITS PROCEDURES FOR OBTAINING WARRANTY AS SET FORTH IN THIS DOCUMENT.
DISCLAIMER AND LIMITATION OF LIABILITY:
EXCEPT AS OTHERWISE STATED IN THE LIMITED WARRANTY, NOITOM MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO MYSWING BASEBALL®. NOITOM DISCLAIMS ANY LIABILITY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST DATA, LOST REVENUE, LOST PROFITS, OR REPLACEMENT PRODUCT COSTS ARISING OUT OF THE PURCHASE, USE, OR PERFORMANCE OF MYSWING BASEBALL, UNDER ANY THEORY OF LIABILITY, EVEN IF NOITOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME END USERS. NOITOM DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AFTER THE PERIOD OF LIMITED WARRANTY, AND DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION ARISING FROM A COURSE OF PERFORMANCE, DEALING, USAGE, OR TRADE PRACTICE. SOME COUNTRIES, STATES AND/OR PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO SOME PURCHASERS. THIS LIMITED WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS, AND THE PURCHASER MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY TO COUNTRY, STATE TO STATE, OR PROVINCE TO PROVINCE. THE PRICE OF PRODUCTS DISTRIBUTED BY NOITOM REFLECTS THE ALLOCATION OF RISK ARISING FROM THE WARRANTY EXCLUSIONS AND THIS DISCLAIMER AND LIMITATION OF LIABILITY.
If there is any conflict between other sections of this guide and the Limited Warranty, the terms of the Limited Warranty shall prevail.
OBTAINING LIMITED WARRANTY SERVICE: mySwing Baseball is supplied with information on setup, installation and operation. Careful reading of the manual and reviewing the training material online at www.myswingbaseball.com will answer most of the technical questions the end user might have regarding proper installation, operation and maintenance of the product.
Before contacting the mySwing Baseball support team, the eligible purchaser should have a mySwing Baseball serial number and proof of purchase available. The eligible purchaser should also be prepared to provide a description of the problem. The mySwing Baseball support personnel will assist the end user in resolving the problem via e-mail. The end user may be asked to run some diagnostic tests and report the resulting status and/or error code messages. This will assist the mySwing Baseball support team in determining if the problem is with mySwing Baseball or another component and if the problem can be resolved remotely. If the mySwing Baseball support team determines a hardware problem exists that is covered under the Limited Warranty, a Return Material Authorization Number (RMA) will be assigned as needed, a service request will be initiated, and repair or replacement procedures will follow.
To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to the Noitom authorized service facility specified. It is your responsibility to backup any data, software or other materials you may have stored or preserved on your unit. It is likely that such data, software, or other materials will be lost or reformatted during service and Noitom will not be responsible for any such damage or loss. A dated purchase receipt from Noitom is required. To obtain warranty service for your Product, Purchaser must contact Noitom at email@example.com to obtain a Return Merchandise Authorization ("RMA") number. The RMA number must be clearly indicated on the outside of the package. Packages without an RMA number will be refused by Noitom and returned to sender at the sender's expense.
PACKAGING AND SHIPPING GUIDELINE
Purchaser must ship all warranty returns in careful compliance with the Packaging and Shipping Guidelines. Failure to do so will void the mySwing Baseball limited warranty. Noitom advises the purchaser to keep the original box and packing materials for storing or shipping. The purchaser must return only the items/parts requested by the mySwing Baseball support team. Prior to shipment, purchaser must remove and retain all "add-on” items. Noitom accepts no responsibility for these items and they will not be returned with the repaired or replacement. All products should be returned to Noitom in the original shipping container, or an authorized packaging box for the units being returned.
PRODUCT RETURN PROCEDURE
Eligible purchasers seeking services for mySwing Baseball covered under this Limited Warranty must obtain a Return Material Authorization number ("RMA") by contacting the support team at firstname.lastname@example.org and within ten (10) business days from the date of issuance of the RMA must return mySwing Baseball and/or parts requested to the address designated in the RMA at the end user’s own expense and risk, in compliance with Noitom’s Packaging and Shipping Guidelines. The RMA Number must be clearly marked on the outside of the box to ensure proper receipt and credit of the defective product. Upon receipt of the product, the repair center will repair product within twenty (20) business days. The repaired product will be shipped back at no expense to the eligible purchaser.
LIMITATION ON DAMAGES: NOITOM SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT.
DURATION OF IMPLIED WARRANTIES: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY.
FOR PURCHASERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.