NIKON CANADA INC.
TERMS OF REPAIR SERVICE AND LIMITED WARRANTY
Please read the following terms of service (the “Terms”). By sending a Nikon product (“Product”) to Nikon Canada Inc. for an estimate for a repair and/or by clicking “I Accept” or similar button when completing a request for repair, you are agreeing to be bound to these Terms.
Administration Fee. Nikon charges a fee of $29.95, plus applicable taxes, per Product (the “Administration Fee”) to provide you with an estimate of the cost for Nikon to repair your Product. Unless restricted or prohibited by law, Nikon will charge the payment method you have provided. If you proceed with the repair, the Administration Fee will be waived.
Repair / Repair Fee. If you proceed with the repair, unless restricted or prohibited by law, Nikon will charge the payment method you have provided when Nikon begins the repair services on your Product. If there is any damage or defect not reasonably discoverable by Nikon upon when preparing the estimate, unless restricted or prohibited by law, Nikon reserves the right to provide an additional estimate for the repair of such unforeseen damage or defect.
Warranty Claims. If you are submitting a Product for repair under a Nikon warranty, you must tell us at the time you send us the Product that you believe it is covered by a warranty. Nikon will inspect the Product and determine, in its discretion, whether the repair is covered by the Product warranty. If the repair is not covered by the Product warranty, Nikon will charge you the Administration Fee set out above and provide you with an estimate for the repair.
Unclaimed Products. If we are unable to contact you, or if we do not receive instructions from you, within 60 days after (i) providing you with the estimate, (ii) advising you that the repair services are complete and the Product is ready to be picked up or shipped back to you, if applicable, or (iii) any other time that we have reached out to you for information or instructions, then unless you have made arrangements with Nikon for the return of your Product, Nikon may dispose of your Product without further notice to you, and without any compensation to you.
SHIPPING / PACKAGING: UNLESS RESTRICTED OR PROHIBITED BY APPLICABLE LAW, IN RETURNING THIS PRODUCT FOR REPAIR, THE ORIGINAL PURCHASER MUST PREPAY ALL POSTAGE, SHIPPING TRANSPORTATION, INSURANCE AND DELIVERY COSTS, AND THE PRODUCT MUST BE DELIVERED IN EITHER ITS ORIGINAL CARTON OR A SIMILAR PACKAGE AFFORDING AN EQUAL DEGREE OF PROTECTION. NIKON WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH THE RETURN OF THIS PRODUCT. UPON RETURN OF THIS PRODUCT TO THE ORIGINAL PURCHASER, NIKON WILL PREPAY ALL POSTAGE AND WILL DETERMINE THE METHOD OF SHIPMENT. A SIMILAR PACKAGE AFFORDING AN EQUAL DEGREE OF PROTECTION DURING TRANSPORTATION WILL BE USED. NIKON WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED IN CONNECTION WITH THE RETURN OF THIS PRODUCT.
REPAIR SERVICE LIMITED WARRANTY. Nikon warrants that the repair service will be free from defects in material and workmanship under normal use for a period of 90 days from the date of the repair service. If, during such period, there is any defect in material or workmanship in the repaired Product which is related to the repair service performed by Nikon, Nikon will, at its option, either repair the Product, refund the repair fee, or replace the Product with a product of comparable specifications and value, without charge. THIS WARRANTY IS VALID ONLY WITH AUTHENTIC NIKON PRODUCTS THAT HAVE BEEN SERVICED BY NIKON CANADA INC.Except to the extent restricted or prohibited by law, this limited warranty is subject to the following restrictions and conditions:
ANY PRODUCT OR PART THEREOF THAT HAS BEEN REPLACED OR SUBJECT TO A REFUND UNDER THIS LIMITED WARRANTY BECOMES THE PROPERTY OF NIKON AND WILL NOT BE RETURNED.
SUBJECT TO APPLICABLE LAW TO THE CONTRARY, THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR CONDITION OF QUALITY, DURABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND ALL OTHER OBLIGATIONS ON THE PART OF NIKON PROVIDED, HOWEVER, THAT IF THE DISCLAIMER OF IMPLIED WARRANTIES AND CONDITIONS IS INEFFECTIVE UNDER APPLICABLE LAW, THE DURATION OF ANY IMPLIED WARRANTIES ARISING BY OPERATION OF LAW SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF REPAIR OR SUCH LONGER PERIOD AS MAY BE REQUIRED BY APPLICABLE LAW.
SUBJECT TO APPLICABLE LAW TO THE CONTRARY, NIKON HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR DAMAGES, WHETHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR PUNITIVE, ARISING OUT OF OR IN CONNECTION WITH ANY BREACH OF THIS WARRANTY OR ANY OTHER CLAIM WITH RESPECT TO THE REPAIR SERVICES, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, STRICT LIABILITY IN TORT OR BREACH OF CONTRACT.
SOME PROVINCES/TERRITORIES DO NOT ALLOW (A) LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR (B) THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND UNLESS RESTRICTED OR PROHIBITED BY LAW. WHERE ANY TERM OF THIS WARRANTY IS RESTRICTED OR PROHIBITED BY APPLICABLE LAW, SUCH TERM SHALL BE NULL AND VOID, BUT THE REMAINDER OF THIS WARRANTY SHALL REMAIN IN EFFECT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM PROVINCES/TERRITORIES TO PROVINCES/TERRITORIES.
Nikon Canada Inc. has its principal business address at 1366 Aerowood Drive, Mississauga, ON L4W 1C1.
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