NISPLAY BALL MACHINE, OSCILLATOR, LIMITED WARRANTY
Nisplay Sports LLC (“Nisplay”) extends the following limited warranty, which applies only to regular use of the Nisplay Ball Machine (as described in more detail below) for the purposes of practicing or teaching Tennis (the “Limited Warranty”). Any other use of the Nisplay Ball Machine shall void this Limited Warranty.
During the applicable Limited Warranty periods described below, the covered components of the Nisplay Ball Machine will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.
The Limited Warranty applies for the following components of the Nisplay Ball Machine only and for the time period indicated:
Nisplay Ball Machine Components – 12 Months.
Nisplay warrants the components and all original parts of the Nisplay Ball Machine, including its motors, feeder tray, fly wheel, metal shute, firing mechanism, control panel, elevation knob and charger cable against defects in workmanship and materials for a period of 12 months from the date of original delivery. Please note that this warranty specifically excludes the Lithium Ion Battery.
Nisplay Oscillator Components – 12 Months.
Nisplay warrants the Nisplay Oscillator, including outer casing, internal motor and external connector cable against defects in workmanship and materials for a period of 12 months from the date of original delivery.
Exclusions from the Warranty Policy:
- Lithium Ion Battery life or charge capacity are NOT included under any provisions of this Limited Warranty.
It is important that you maintain your Nisplay Ball Machine through regular inspections and maintenance, as described in the Nisplay User Guide that came with your Nisplay Ball Machine.
Note: Please ensure that any inspection or maintenance is always carried out only when the motor is switched to the OFF position.
Notwithstanding anything to the contrary herein or for the avoidance of doubt, it is agreed that the Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Nisplay Ball Machine remains in the possession of the original purchaser.
Other Exclusions and Limitations
Who is covered?
- The original owner of the Nisplay Ball Machine, and Oscillator. The Nisplay Ball Machine and Oscillator must remain in the possession of the original purchaser for the warranty to remain valid. This Limited Warranty is not transferable.
What is covered?
- If a defect arises in the Nisplay Ball Machine and Oscillator or any warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Nisplay to, at Nisplay’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Nisplay Ball Machine and Oscillator, or component with the same or a comparable model.
- Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
What is NOT covered?
- Lithium-Ion Battery charge capacity or battery life
- Normal wear and tear
- Cosmetic damage (i.e., minor scratches, surface deformations or discoloration) including natural fading of colors
- Damage caused by exposure to inclement weather
- Damage caused by rips, cuts and tears
- Products treated with steaming devices or other heat treatments
- Products with removed or defaced holograms or date codes
- Products purchased from unauthorized dealers (including, without limitation, products purchased through (i) auction sites such as E-Bay or Craigslist, (ii) unauthorized dealers selling via third party marketplaces such as Amazon marketplace, or (iii) dealers selling altered, doctored or counterfeit products)
- Counterfeit product
- Products purchased “used”, “as-is”, “without warranty”
- Any other Nisplay products or services, non-Nisplay products, units that are, or that Nisplay reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased outside of the user’s main market and units missing their serial number.
- Damage or equipment failure due to normal wear and tear, improper or negligent use, maintenance, or attempted repair (other than that caused by a Nisplay authorized service technician), use of the Nisplay Ball Machine, Oscillator with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Nisplay Ball Machine, Oscillator, or any use contrary to the instructions in the Nisplay User Guide.
- Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, the introduction of foreign objects, or modifications that are unauthorized or not recommended by Nisplay.
- Incidental or consequential damages. Nisplay is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. Nisplay does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to club membership fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation.
- Any attempt to repair Nisplay equipment creates a risk of injury and property damage. Nisplay is not responsible or liable for any damage or injury incurred during, or as a result of, any repair or attempted repair of equipment by anyone other than a Nisplay authorized service technician. All repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and Nisplay will have no liability for any injury to persons or property arising from such attempted moves or repairs.
- Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Nisplay or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY NISPLAY AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
How do I make a warranty claim?
- Please contact Nisplay Warranty Support at support@nisplaytennis.com.
How long do I have to make a warranty claim?
- Any warranty claim must be made within 12 months of the date of the original delivery of the Nisplay product in respect of which you are making a claim.
What if I have questions or concerns?
- You may direct any questions or concerns to support@nisplaytennis.com.
THIRD-PARTY CERTIFICATIONS
Any mark, graphic or sticker applied to any Nisplay product indicating that such product is certified or compliant with the standard of a particular third party governing body (i.e., RoHS or CB) shall only represent that the product was so certified at the time of its manufacture and not at any later time. Nisplay is under no obligation to re-certify or re-gain compliance with any standard of any third-party at any time.