Extended Warranty Terms and Conditions

Extended Warranty Terms and Conditions
Extended Warranty Terms and Conditions
Extended Warranty Terms and Conditions

Terms and Conditions

Information about us

The contract between you and us

Terms and conditions of supply

Duration and price

Scope of the warranty

Cancellation and termination rights

Limitation of liability

General

EXTENDED WARRANTY TERMS AND CONDITIONS
 
The conditions below describe the terms and scope of our 1 and 2 year extended warranties. They do not affect your statutory rights or the obligations of your retailer under your contract with them.
 
Please note that purchase of the warranty for the Extended Warranty Period is optional. Also, you are not required to purchase the warranty for the Extended Warranty Period at the same time as the device to which it relates. The warranty for the Extended Warranty Period can be purchased within 28 days of your purchase of the device.
 
We provide warranty cover for this device subject to the conditions set out below.
 
 
INFORMATION ABOUT US
 
1. This warranty is provided to the customer (you, your) by Portable Multimedia Limited, trading as Nextbase. We are a company incorporated in England and Wales with company number: 04038169 and our registered office address is at 230 Blackfriars Road, London SE1 8NW (we, us, our).
 
THE CONTRACT BETWEEN YOU AND US.
 
2. After making payment for the extended warranty online, you will receive an e-mail or letter from us confirming that we have received your order. The contract for the extended warranty between you and us (contract) will only be formed when we send you this confirmation.
 
3. You agree to be bound by the terms and conditions set out herein in respect of the extended warranty you have purchased.
 
4. By entering this contract, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
 
WEBSITE TERMS AND CONDITIONS OF SUPPLY
 
5. If you purchased this warranty via our website, you agree to be bound, to the extent applicable, by our Website Terms and Conditions which can be found at: Terms and Conditions
 
6. To the extent there is any conflict between these terms and conditions and the Website Terms and Conditions referred to in condition 5 in respect of the extended warranty, these terms and conditions will take precedence.
 
DURATION AND PRICE
 
7. Subject to conditions 10 to 18, we will rectify defects affecting the device which are clearly attributable to material and/or manufacturing faults, provided they are reported immediately after being identified, and within 12 months of the date of purchase or date of delivery whichever is the latest, (Standard Warranty Period) and for a further period of 24 months from and including the date after the last day of the Standard Warranty Period (Extended Warranty Period) (together the Warranty Period).
 
8. Warranty provision for the Standard Warranty Period will be free of charge.
 
9. Warranty provision for the Extended Warranty Period will be subject to payment by you to us in full and cleared funds within 28 days of your purchase of the dash cam.
 
SCOPE OF THE WARRANTY
 
10. Service may not be available to all states. Please check with your retailer or contact our customer service department. Please see contact details below.
 
11. Where devices have been installed using cables other than genuine Nextbase power cables to cars, vans or trucks then these warranty conditions will not apply.
 
12. The warranty does not extend to:
    1. batteries, SD cards or other consumable items 
    2. minor variances from nominal features of no significance to the dash cam's value or fitness for purpose;
    3. damage caused by the chemical or electrochemical effects of water; and
    4. Exceptional environmental conditions, inappropriate operating conditions, or the dash cam having come into contact with unsuitable materials.
13. This warranty does not apply to loss or damage outside of our reasonable control, such as transport damage for which we are not responsible; improper installation and assembly; improper use; use within a non-domestic environment; poor maintenance or failure to observe operating or assembly instructions.
 
14. We reserve the right to invalidate this warranty:
    1. if repairs or other interventions are performed by persons not authorised by us to take such action, or if our dash cams are fitted with non-original spare parts, extras or accessories; or
    2. In the event of physical or verbal abuse towards any member of our staff.
15. We will decide whether rectification of defects will take the form of a repair or the like-for-like replacement of the dash cam. Dash cams will need to be returned or shipped to our customer service center for repair. We will bear the costs of transportation back to the customer only.
 
16. Where we supply a replacement we reserve the right to charge an appropriate monetary offset if an upgrade is requested. Replacement is limited to 1 unit per 12 months.
 
17. Services provided under warranty neither extend the Warranty Period nor commence a new warranty period. The warranty period for parts fitted ends with the expiry of the Warranty Period of the dash cam.
 
18. These warranty conditions apply to dash cams purchased in the United States
 
YOUR CANCELLATION AND TERMINATION RIGHTS
 
Full refund - cancellation within 14 days of purchase of the extended warranty
 
19. You may cancel the warranty for the Extended Warranty Period by providing notice to us within 14 days of the date on which the warranty for the Extended Warranty Period is purchased. Upon receipt of valid notice under this condition, we will provide a full refund of the price paid for the Extended Warranty Period provided that no claim has been made during the Extended Warranty Period.
 
Pro rata refund - cancellation at any time
 
20. You may also cancel the warranty for the Extended Warranty Period by providing notice to us at any time after the expiration of the 14 day period referred to in condition 19 above. Upon receipt of valid notice under this condition, we will provide a pro rata refund of the price paid for the unexpired period of the Extended Warranty Period. Please note that a refund will only be provided in respect of unexpired full months and if a claim has not been made.
 
21. You can provide notice under this contract by either writing to us at the [email protected] below or by calling us on the number below. If you cancel the contract under condition 19, your communication must be sent to us before the end of the 14 day period referred to above.
 
22. Cancellation of the contract for the Extended Warranty Period does not affect the Standard Warranty Period.
 
LIMITATION OF LIABILITY – THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
 
23. Subject to condition 25 , if we fail to comply with these terms and conditions, we shall only be liable to you for the price paid for the extended warranty and, subject to condition 25, any losses that you suffer as a result of our failure to comply (whether arizing in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.
 
24. Subject to condition 25, other claims in respect of compensation for indirect or consequential loss under this contract are, to the fullest extent permitted by law, excluded.
 
25. Nothing in this agreement excludes or limits our liability for:
    1. death or personal injury caused by our negligence;
    2. fraud or fraudulent misrepresentation;
    3. defective products under the Consumer Protection Act 1987; or
    4. Any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
GENERAL
 
Transfer of rights and obligations
 
26. The contract between you and us is binding on you and us and on our respective successors and assignees.
 
27. You may not transfer, assign, charge, or otherwise dispose of this contract, or any of your rights or obligations arizing under it, without our prior written consent.
 
28. We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of this contract.
 
Events outside our control
 
29. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (Force Majeure Event).

30. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. strikes, lock-outs or other industrial action;
  2. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. fire, explosion, storm, flood, earthquake, subsidence, epidemic or pandemic or other natural disaster;
  4. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. impossibility of the use of public or private telecommunications networks; and
  6. The acts, decrees, legislation, regulations or restrictions of any government.

 31. Our performance under this contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under this contract may be performed despite the Force Majeure Event.

 
Waiver
 
32. If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
 
33. A waiver by us of any default will not constitute a waiver of any subsequent default.
 
34. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.
 
Severability
 
35. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
 
Entire Agreement
 
36. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this contract.
 
37. We each acknowledge that, in entering into this contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
 
38. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract.
 
39. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of this contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
 
Variation to these terms and conditions
 
40. We may vary these terms and conditions from time to time provided that such changes do not materially affect the nature and quality of the warranty provided hereunder. Any such changes will be notified to you as soon as is reasonably practicable.
 
Alternative dispute resolution
 
41. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to ADR Group via their website at www.adrgroup.co.uk/. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
 
Governing law and jurisdiction
 
42. Any dispute or claim arising out of or in connection with this contract, its subject matter or formation (including non-contractual disputes or claims) will be governed by US law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of USA.
 
Nextbase US Branch, 251 Little Falls Drive, City of Wilmington, New Castle County, Delaware, 19808, USA.
 
Website: www.nextbase.com