Limited Warranty
Nitro Therapy Labs Limited Warranty
This Nitro Therapy Labs Limited Warranty (“Limited Warranty”) applies to Nitro Therapy Labs-branded products and is given by Nitro Therapy Labs, LLC. d/b/a Nitro Therapy Labs (“Nitro Therapy Labs”) to the individual purchaser of products from Nitro Therapy Labs or its authorized retailers and distributors. Nitro Therapy Labs warrants that the Nitro Therapy Labs-branded products will be free from defects in material and workmanship when used normally in accordance with Nitro Therapy Labs’ published guidelines for the time periods set forth below and commencing on the original date of purchase of the product by the end-user purchaser (the “Warranty Period”). Please note that by using a Nitro Therapy Labs Product, each purchaser agrees to be bound by the Warranty as set out below. For any warranty issues, please reach out to us by phone or chat anytime.
Nitro Therapy Labs Products
Nitro Ball
Ball - 1 Year from date of purchase
Case - 30 Days from date of purchase
What Is Not Covered?
This Limited Warranty only covers product issues caused by defects in material or workmanship during ordinary use. The Limited Warranty does not cover issues caused by any other reason, including, but not limited to: (i) cosmetic damage, including but not limited to scratches, dents and broken plastic unless failure has occurred due to a defect in materials or workmanship; (ii) damage caused by misuse or abuse, neglect, accident, liquids, including but not limited to, water, lotions, fire, liquid contact, vandalism or external forces; (iii) to defects caused by normal wear and tear or otherwise due to the normal aging of the product; (iv) the alteration of the product in any way; (v) use in any manner that is inconsistent with the intended purpose or design of the product as described in the product’s usage manual or other documentation for the product, including, but not limited to, the attachment of any unauthorized accessories; (vi) unauthorized repairs or modifications; (vii) improper use of malfunction or damage of an operating part from failure to provide manufacturer & recommended maintenance; (viii) if any serial number has been removed or defaced from the product; (ix) transportation damage, theft, neglect, vandalism or environmental conditions; or (x) loss of use during the period the product is at the Nitro Therapy Labs repair facility or otherwise awaiting parts or repair or any other conditions whatsoever that are beyond the control of Nitro Therapy Labs.
Nitro Therapy Labs does not warrant that the operation of the product will be uninterrupted or error-free. This Limited Warranty does not cover Nitro Therapy Labs products sold “AS IS”, “Open-Box”, or similar notations and does not cover consumables. This Limited Warranty does not extend to the purchase of opened, used, repaired, repackaged and/or resealed products, including, but not limited to, the sale of such products on Internet auction sites and/or sales of such products by surplus or bulk resellers. Any software is provided “AS IS” unless expressly provided for in any enclosed software limited warranty. When a product or part is exchanged, the original item becomes Nitro Therapy Labs’ property.
Warranty Returns
To have the Nitro Therapy Labs device or a part repaired or replaced under this Limited Warranty, purchaser must contact Nitro Therapy Labs’ Customer Experience Team prior to returning any product for warranty service. Nitro Therapy Labs will not reimburse purchasers for service performed by others. Unless otherwise instructed by Nitro Therapy Labs, the product must be delivered, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to the facility specified by Nitro Therapy Labs. Please note all warranty returns must include the completed Return Authorization Form. Before receiving warranty service, Nitro Therapy Labs may require that purchaser furnish proof of purchase details, respond to questions designed to assist with evaluating potential issues, and follow Nitro Therapy Labs’s procedures for obtaining warranty service. If Nitro Therapy Labs determines that the problem with the product is not due to a manufacturing defect due to materials and/or workmanship, the product is not properly returned to Nitro Therapy Labs, or otherwise does not qualify for warranty repair, then the purchaser will be responsible for all costs incurred by Nitro Therapy Labs necessary to return the product. Nitro Therapy Labs reserves the right to change the method by which Nitro Therapy Labs may provide warranty service, and a product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. Purchaser may be responsible for shipping and handling charges if the product cannot be serviced in the country it is in. For service in a country that is not the country of purchase, purchaser will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.
If a claim is submitted to Nitro Therapy Labs during the Warranty Period in accordance with this Limited Warranty, Nitro Therapy Labs will, at its option: (i) repair the product using new or previously used parts that are equivalent to new in performance and reliability, or (ii) replace the product with the same model formed from new and/or previously used parts that are equivalent to new in performance and reliability. Any replacement product provided under this Limited Warranty may vary in the color and/or cosmetic design from the original product and may not include any original engraving or similar customization. Nitro Therapy Labs reserves the right to replace any discontinued product with a new product of comparable value and function. A replacement product assumes the remaining warranty of the original product, or thirty (30) days from the date of replacement, whichever is longer. For international service, Nitro Therapy Labs may repair or replace products with comparable products and parts that comply with local standards.
Limitation of Remedies
Nitro Therapy Labs does not authorize anyone, including, but not limited to, a Nitro Therapy Labs reseller, agent or, 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.
TO THE EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. RECON RECOVERY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, RECON RECOVERY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT RECON RECOVERY’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED HEREIN. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY. RECON RECOVERY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, RECON RECOVERY IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING ANY PROGRAM OR DATA STORED IN OR USED WITH THE RECON RECOVERY PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE PRODUCT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE RECON RECOVERY’S LIABILITY SHALL NOT BE GREATER THAN PURCHASE VALUE OF THE PRODUCT. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
In no event shall this Limited Warranty require more than the repair or replacement of any part or parts which is found to be defective within the effective warranty period. No refunds will be given. If replacement parts for defective and materials are not available, Nitro Therapy Labs reserves the right to make product substitutions in lieu of repair or replacement. This Limited Warranty does not apply to any mobile device or the cellular and/or other network or system on which the product operates. Therefore, Nitro Therapy Labs will not accept any responsibility under this warranty for the operation, availability, coverage, services or range of the cellular or other network or system. Nitro Therapy Labs shall not under any circumstance be liable either expressly or impliedly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data during repair or replacement of the product.