Nima Warranty

NIMA LABS, INC.. LIMITED WARRANTY:

Nima Labs, Inc. (“Nima“) warrants to the original purchaser only that the Nima portable gluten sensor device you purchased (the “Product“) shall be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of retail purchase of the Product from Nima or an authorized Nima reseller by the original purchaser (“Warranty Period“).

1. Remedies:

If a hardware defect arises and a valid claim is received by Nima within the Warranty Period, Nima will, at its option and to the extent permitted by law, exchange the Product with a new or refurbished Product. If Nima, in its sole discretion, determines it is not reasonable to replace the defective Product, Nima may refund to you the purchase price paid for the Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Nima itself or through its authorized reseller, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period, or for any additional period of time that may be applicable in your jurisdiction.

2. How to Obtain Warranty Service:

To obtain warranty service, you must obtain a Return Merchandise Authorization (RMA) from our customer service team and deliver the Product, in either its original packaging or packaging providing an equal degree of protection, together with proof of purchase, to the address specified by Nima. There are two options for return.

2a. Advanced Exchange:

Nima will ship a replacement Product to you before Nima receives the defective Product if you provide us with a valid credit card number and you authorize us to charge you for the replacement Product if we do not receive the defective Product within ten (10) days after we issue your RMA. Nima will cover the cost of shipping the Product back to a specific location. By sending the Product, you agree to transfer ownership to Nima. If the claim is justified based on this Limited Warranty, Nima shall bear the cost of shipping the replacement Product to you. Any Product returned to Nima without a valid warranty claim or without a RMA may be rejected, returned at sender’s cost (subject to prepayment), or kept for 30 days for sender’s pick-up and then disposed of in Nima’s sole discretion.

2b. Return & Replace:

Nima will wait to ship a replacement Product to you until such time as Nima receives the defective Product with the previously obtained RMA. Nima will cover the cost of shipping the product back to a specific location. By sending the Product, you agree to transfer ownership to Nima. If the claim is justified based on this Limited Warranty, Nima shall bear the cost of shipping the replacement Product to you. Any Product returned to Nima without a valid warranty claim or without a RMA may be rejected or kept for 30 days for sender’s pick-up and then disposed of in Nima’s sole discretion. For specific instructions on how to obtain warranty service on your Product, visit the Nima website (www.nimasensor.com).

It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and Nima will not be responsible for any such damage or loss.

3. Exclusions and Limitations:

This Limited Warranty applies only to the Product manufactured by or for Nima that can be identified by the Nima trademark affixed to it. The Limited Warranty does not apply to any (a) Nima products and services other than the Product; (b) accessories (such as the micro-USB cable and the carrying pouch) or consumables (such as the Nima one-time use capsules); (c) damage caused by use of the Product with non-Nima capsules or other products; (d) damage caused by operating the Product outside the permitted or intended uses described by Nima or with improper voltage or power supply; (e) damage caused by accident, abuse, misuse, spillage of food or liquid or other external causes, including but not limited to improper storage, submersion in water or other liquids, or physical abuse, such as dropping; ( f) damage caused by service performed by anyone who is not a representative of Nima;(g) damage caused by normal “wear and tear,” including but not limited to cosmetic damage such as scratched display lenses and/or scratched paint; or (h) software, even if packaged or sold with the Product or embedded in the Product. Recovery and reinstallation of software programs and user data are not covered under this warranty. Please refer to the Terms of Service that accompany the Nima mobile application for details of your rights with respect to use of the mobile application and any other software or firmware provided by Nima as a part of its cloud-based services.

THE PRODUCT IS NOT A MEDICAL DEVICE; IS NOT REGULATED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION; AND IS NOT DESIGNED TO DETERMINE WHETHER YOU WILL HAVE AN ALLERGIC REACTION OR SENSITIVITY TO THE FOODS THAT YOU TEST. YOU SHOULD NOT RELY ON NIMA ALONE TO IDENTIFY THE PRESENCE OF ALLERGENS. YOU WILL STILL NEED TO ASK QUESTIONS OF THOSE WHO PREPARE FOOD, READ PACKAGING LABELS AND MENUS, AND CONSIDER ALL SOURCES OF INFORMATION IN ADDITION TO TESTS CONDUCTED WITH A NIMA. IF A PRODUCT IS LABELED AS CONTAINING AN ALLERGEN, YOU SHOULD RELY ON THE LABEL. THE PRODUCT IS INTENDED TO BE USED WITH THE NIMA ONE-TIME-USE CAPSULES AND THE NIMA MOBILE APPLICATION TO DETERMINE WHETHER A THRESHOLD LEVEL OF GLUTEN IS IN THE FOOD SAMPLE THAT YOU TEST, AND IS LIMITED TO THAT SAMPLE, WHICH MAY NOT BE REPRESENTATIVE OF THE FOOD SERVING AS A WHOLE. THE PRODUCT IS NOT A SUBSTITUTE FOR MEDICAL CARE OR ADULT SUPERVISION. THE PRODUCT IS NOT INTENDED FOR USE IN WHICH ERRORS OR FAILURE COULD LEAD TO PERSONAL INJURY OR DEATH.

No Nima 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.

4. Implied Warranties and Conditions:

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty or condition, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

5. Limitation of Damages:

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, NIMA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF NIMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.

6. Governing Law:

This Limited Warranty shall be governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

7. National Statutory Rights:

Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If you have any questions, please contact Nima at 450 Alabama St. San Francisco, CA 94118.