NOVA FABRICA WARRANTY
All standard products manufactured by UAB Nova Fabrica (hereinafter "Nova Fabrica") and sold by Nova Fabrica or one of its authorized worldwide distributors carry a limited warranty, subject to the terms and conditions hereby set forth. The product is warranted for twelve (12) months to be free of defects in material and workmanship. Nova Fabrica’s obligation under all warranties is limited in accordance with the periods of time and all other conditions stated in all provisions of the warranty, including the periods and conditions provided in the special warranty statements applicable to Special Products, Custom Products and Accessories.
WARRANTY PERIOD
The applicable warranty period is twelve (12) months, beginning upon product shipment from Nova Fabrica. Partial shipment of individual items does not delay the commencement of the warranty period. Upon the beginning of the applicable Nova Fabrica warranty period, all customer remedies shall be governed by the provisions stated in this warranty.
WARRANTY COVERAGE
The warranty coverage is subject to all the following limitations:
- This warranty applies only to defects in material and workmanship in covered Products. It is not to be interpreted as providing full-service coverage for routine maintenance, adjustments, or recalibration.
- This warranty covers only parts and labour furnished by Nova Fabrica. This warranty does not cover products or services provided by an outside manufacturer, which may be repaired or replaced according to the original manufacturer's warranty terms, if any. Nova Fabrica accepts no responsibility for the failure of the original manufacturer to perform under their warranty obligations.
- This warranty protects the original owner only and is nontransferable to subsequent owners. A copy of the original, dated bill of sale must be presented whenever warranty service is required.
- The following are expressly not covered under warranty:
- Any loss, damage, and/or malfunction relating in any way to:
- Shipping or storage;
- Accident, abuse, alteration, misuse, or neglect;
- Breakage or abuse of parts;
- Operation other than following correct operating procedures;
- Tampering with the system (e.g., modification or tampering with one part of the product can, in some cases, affect another part)
- Lack of routine care and maintenance by not following the technical manuals and documentation.
- Inadequate utility service such as, but not limited to, cooling water flow, failure of electrical or other energy supplies, incorrect physical environment, or other inadequate facilities or utilities as indicated in the instruction manual;
- Chemical action or contamination.
- Products, items, parts, accessories, subassemblies, or components which are expendable in everyday use or operation unless specifically covered by an express warranty extended to the customer in writing by Nova Fabrica.
- Any loss, damage, and/or malfunction relating in any way to:
- All fibre-optical components (e.g. optical fibres, feed-throughs, lenses, mirrors, etc.) must be checked for breakage by the customer when received. Claims for breakage after two weeks of customer receipt will not be honoured.
- This warranty does not apply to any software supplied with products. No warranty can be assumed for all software usage conditions and cases and for the results produced when utilized by the user.
- The sole and exclusive remedy under this warranty shall be the repair of product malfunctions which, in the sole opinion of Nova Fabrica, are due or traceable to defects in original materials or workmanship or, at Nova Fabrica’s option, replacement of defective parts. Nova Fabrica reserves the right to replace a discontinued model with a functionally comparable model.
- In-warranty repaired, or replacement parts or products are covered by warranty only for the remaining unexpired portion of the original warranty period applicable to the repaired or replaced parts or products. Repair or replacement of products or parts under warranty does not extend the original warranty period.
- After the expiration of the applicable warranty period, Nova Fabrica will provide service for which the customer shall be charged at Nova Fabrica’s current prices for parts, labour, and transportation.
WARRANTY REPLACEMENT AND ADJUSTMENT
All claims under warranty must be made promptly after the occurrence of circumstances giving rise thereto and must be received within the applicable warranty period by Nova Fabrica or its authorized representatives. Such claims should include the product type and serial numbers and a complete description of the circumstances giving rise to the claim. At its sole discretion, Nova Fabrica reserves the right to determine whether repair under valid warranty claims shall be made by authorizing the customer to return the same to Nova Fabrica or to send replacement parts for installation by the customer. Before any products, parts, or assemblies are sent to Nova Fabrica for repair and/or adjustment, authorization from Nova Fabrica for the return and instructions on how and where the same should be shipped must be obtained. Any product, part, or assembly sent to Nova Fabrica for examination shall be shipped prepaid via transportation indicated as acceptable by Nova Fabrica, with all transportation at the customer's expense. Nova Fabrica reserves the right to reject any warranty claim not promptly reported and any warranty claim on any item that has been altered or shipped by non-acceptable means of transportation. When any product, part, or assembly is sent to a service shop or facility or is returned to Nova Fabrica for examination and inspection or any other reason, the customer shall be responsible for all damage resulting from improper packing or handling and for loss in transit, notwithstanding any defect or nonconformity in the product part, or assembly. In all cases, Nova Fabrica has sole responsibility for determining the cause and nature of failure, and Nova Fabrica determination with regard thereto shall be final.
LIMITATION OF LIABILITY
Reasonable care must be used to avoid hazards. Nova Fabrica disclaims responsibility for loss or damage caused by using its products other than per proper operating procedures. IN NO EVENT SHALL NOVA FABRICA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR RESULTING LOSS OR DAMAGE OF ANY KIND, HOWEVER CAUSED. NOVA FABRICA LIABILITY FOR DAMAGES SHALL NOT EXCEED THE PAYMENT, IF ANY RECEIVED BY NOVA FABRICA FOR THE UNIT OF PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. All obligations of Nova Fabrica under this warranty shall cease if its products or parts have been subject to accident, abuse, alteration, misuse or neglect or have not been operated and maintained per proper operating procedures. All products and services provided within the scope of their warranty must be provided through or with the knowledge and approval of Nova Fabrica. Nova Fabrica makes no warranty concerning services or components supplied through unapproved sources. What constitutes an approved source shall be determined by Nova Fabrica. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, USE, OR APPLICATION, MERCHANTABILITY AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF NOVA FABRICA, UNLESS SUCH OTHER WARRANTIES OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING. Statements made by any person, including representatives of Nova Fabrica, which are inconsistent or in conflict with the terms of this warranty shall not be binding upon Nova Fabrica unless reduced to writing and approved by an officer of Nova Fabrica. This warranty shall be construed under and governed by the law of the Republic of Lithuania. No action, regardless of form, arising out of, or in any way connected with, the products or services furnished or to be furnished by Nova Fabrica may be brought by the customer more than one (1) year after the cause of action has accrued.