PORTABLE MULTIMEDIA LIMITED: VOLUNTARY MANUFACTURER’S WARRANTY TERMS AND CONDITIONS

IF YOU ARE A CONSUMER:

  1. THIS WARRANTY DOCUMENT IS SEPARATE AND ADDITIONAL TO YOUR LEGAL RIGHTS AND DOES NOT AFFECT YOUR LEGAL RIGHTS.
  2. YOU HAVE THE RIGHT TO CHOOSE WHETHER YOU CLAIM UNDER THIS WARRANTY AND / OR UNDER YOUR LEGAL RIGHTS.
  3. IF YOU HAVE ANY QUESTIONS REGARDING YOUR LEGAL RIGHTS (FOR EXAMPLE THE EXTENT OF THE LEGAL RIGHTS THAT YOU HAVE AND WHO YOU CAN EXERCISE YOUR LEGAL RIGHTS AGAINST), PLEASE SPEAK TO YOUR LOCAL CITIZENS ADVICE BUREAU OR LEGAL ADVISOR.

PLEASE SEE OUR ONLINE TERMS AND CONDITIONS OF SALE www.nextbase.com/en-au/terms-and-conditions/ FOR AN EXPLANATION OF WHO A “CONSUMER” IS FOR THESE PURPOSES.

  1. Warranty
    • This warranty applies to all products manufactured by or on behalf of Portable Multimedia Limited (“we” / “us” / “our”) that are purchased on or after the Effective Date stated at the top of this warranty document. If you purchased your product before this date, please contact us for details of the voluntary manufacturers warranty terms (if any) in force at the date you purchased your product.
    • All products manufactured by us or on our behalf and having the benefit of this warranty are sold with a voluntary manufacturers warranty for the following periods:
      • Electronic goods (such as dashcams): 12 months from and including the date of purchase, save for the accessories and rechargeable batteries associated with such products which shall have the warranties described in clauses 1.2.2 and 1.2.3 respectively.
      • Accessories such as headphones, cables, mounts and cases: 6 months from and including the date of purchase.
      • All rechargeable batteries: 6 months from and including the date of purchase.
    • The voluntary manufacturers warranty provided by us under this document is a “Return to Base” warranty. This means that the product has to be returned to us or our nominated in-country support provider (or a retailer in the circumstances described in clause 5.1) in order to receive a repair, replacement or refund (as determined in accordance with this warranty document). The process for and terms associated with returning products to us are set out in our Returns Policy www.nextbase.com/en-gb/returns-refund-and-cancellation-policy/
    • If a defect in materials and / or workmanship occurs in respect of a product that has the benefit of this warranty anywhere in the world within the appropriate warranty period set out above, we will provide the technical support described in clause 3 and, where we determine that the defect complained of has the benefit of this warranty, we will provide the relevant remedy set out in clause 4.
    • Please note in all cases we reserve the right to inspect the product and verify the defect complained of and the validity of the warranty claim – this will typically involve our Product Repair Centre performing an internal inspection to verify the validity of the warranty claim.
    • The warranty described in this warranty document is provided to all purchasers, regardless of where in the world the product with the benefit of this warranty is purchased.
    • Any phrase in this warranty document introduced by the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
    • We will provide warranty service with reasonable skill and care.
  2. Matters not covered under our manufacturer’s warranty
    • The warranty in clause 1 does not apply to any defects in materials and / or workmanship caused by or arising from:
      • fair wear and tear;
      • wilful damage, misuse and abuse, abnormal storage or working conditions, accident, negligence by you or by any third party;
      • use of non-approved accessories or components;
      • failure to operate, use, store or maintain the products in accordance with the user instructions (including the use of incorrect power supplies); or
      • any alteration or repair by you or by a third party who is not one of our authorised repairers without our prior written consent.
    • IMPORTANT: Loss or corruption of data. Please ensure that you back up all data prior to submitting your product for warranty service because data back up is not provided as part of the warranty service and your data may be wiped, lost or corrupted during the performance of warranty service.
    • Screen Pixels:
      • Pixels can fail during normal product life. One pixel failure (as described in clause 2.3.2 below) during each year of operation is considered normal and not a cause for concern or a warranty claim.
      • A normal 7” or 8.5” LCD panel contains 336,960 pixels. Larger screens have considerably more. One pixel failure = 0.00003% failure rate or better.
      • Any warranty claims in respect of pixel failure will be rejected where the level of pixel failure is within the tolerances described in this clause 2.3.
  1. Product Support Centre and Technical Support
    • We will during the applicable warranty period detailed in clause 1.2 above provide technical support and assistance via our Product Support Centre helpline.
    • The Product Support Centre helpline number is +44 (0) 2920 866429. The Helpline is available to retailers, distributors and customers alike. Hours of operation are 9am to 9pm GMT / BST (as appropriate), seven days a week. The Product Support Centre’s address is Product Support Centre, Unit B, Caerphilly Business Park, Van Road, Caerphilly, CF83 3ED.
    • Experts are available to provide technical support and assistance in respect of all products within the NEXTBASE, SOVOS, COBY, Voyager, In Car Bite, In Kitchen Bite and other Voyager-Systems product.
    • Call charges will apply for calling our Product Support Centre. The charges will depend on your location and on your network provider. Please contact your network provider for further details.
  2. Remedies available in respect of a valid warranty claim

If following receipt and review of your product we agree that the defect complained of has the benefit of the warranty set out in this document, then:

  • For warranty claims made within 28 days of purchase.
    • We will at our absolute discretion provide a full refund of the price paid (together with any delivery charges – subject always to deduction as permitted under our Returns Policy nextbase.com/en-au/returns-refund-and-cancellation-policy/ for the product or provide a new replacement product, in each case once the defective product has been returned to the Product Support Centre under the standard return procedure – please see our Returns Policy www.nextbase.com/en-gb/returns-refund-and-cancellation-policy/
    • Any missing components or accessories or customer induced damage may be charged back to the retailer or distributor or deducted from any refund issued.
    • All refunds will be processed in accordance with our Returns Policy www.nextbase.com/en-gb/returns-refund-and-cancellation-policy/
  • For warranty claims made within 29 days – 365 days of purchase.
    • All products falling in to this category will at our absolute discretion either be repaired or replaced; you will not be eligible for a refund.
  • Warranty claims are deemed to be “made” on the date they are first reported to (i) the retailer that you purchased the product from or (ii) to our Product Support Centre, as appropriate – please see clause 5 for more details.
  • All repaired products and replacement products shall retain the benefit of the warranty period remaining in respect of the original product.
  • In the event that we issue a replacement product under this warranty we will provide a product with similar features and functionality in the event that your original product is no longer part of our current model range or we do not have replacements available.
  1. How to make a claim under this voluntary manufacturers warranty
    • Within 28 days of purchase: Please contact the retailer that you purchased the product from, and they will be pleased to assist you in making your claim under this warranty. If you purchased your product from our on line store, please contact our Product Support Centre, and we will be pleased to assist. Depending on your location, we may direct you to our nominated in-country support provider for assistance.
    • After 28 days of purchase – 365 Days of purchase: Please direct all warranty and support requests our Product Support Centre, and we will be pleased to assist. Depending on your location, we may direct you to our nominated in-country support provider for assistance.
  2. General
    • If a court finds part of this warranty document illegal, the rest will continue in force. Each of the clauses of this warranty operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    • Our liability:
      • We accept no liability for loss or corruption of data which occurs during the performance of warranty service, and such liability is hereby excluded. It is your responsibility to back up the data on your product – please see clause 2.2 for details of your responsibilities in relation to data.
      • If you are a consumer:
        • Except as set out in clause 6.2.1 we are responsible to you for foreseeable loss and damage caused by us if we fail to comply with the terms of this warranty. In general, our only liability to you under this warranty document will be to provide a repaired or replacement product or a refund (as determined by the terms of this warranty). However, if we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
        • We are not liable for business losses. If you are a consumer we only supply the goods for to you for domestic and private use. If you use the goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 6.2.3 below.
      • If you are not a consumer:
        • Your sole remedy under this warranty shall be for repair, replacement or refund as determined in accordance with the terms of this warranty. We shall not otherwise have any liability to you for any losses, liability, costs, claims, demands, damages or expenses arising under or in connection with this warranty, whether in contract, tort (including negligence), breach of statutory duty, or otherwise; and
        • In the event that the exclusion in clause 6.2.3.1 is held to be ineffective or unenforceable for any reason, our maximum liability to you arising out of or in connection with this warranty shall not exceed the price paid by you for the relevant product to which the relevant claim under this warranty relates.
        • We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this warranty; and
      • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
    • Variation & entire agreement:
      • If you are a consumer:
        • We do not generally agree any changes to these warranty terms. If we do agree any changes to the terms of this warranty with you we will record the change(s) in writing so that we and you are clear as to the terms that apply.
        • This warranty document will generally contain all of the terms that we have agreed in relation to the voluntary manufacturers warranty offered by us. If we do agree any additional terms with you we will record the change(s) in writing so that we and you are clear as to the terms that apply.
      • If you are not a consumer:
        • This warranty document constitutes the entire agreement between us in relation to our voluntary manufacturers warranty and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to our voluntary manufacturers warranty.
        • You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) in relation to our voluntary manufacturers warranty that is not set out in this warranty document. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this warranty document.
      • The warrantor under the warranty set out in this document is:
        • Portable Multimedia Limited, a company registered in England and Wales. Company registration number 04038169. Registered office Dorna House Two Guildford Road West End Woking England GU24 9PW, England
        • How to contact us.
          • You can contact us by telephoning our customer service team at +44 (0)1276 855641 or by writing to us at sales@voyager-systems.co.uk and Portable Multimedia Limited, Dorna House Two, 52 Guildford Road, West End, Surrey, GU24 9PW, England.
          • If you would like technical support or assistance, please contract our Product Support Centre:
            • The Product Support Centre helpline number is +44 (0) 2920 866429.
            • The Helpline is available to retailers, distributors and customers alike.
            • Hours of operation are 9am to 9pm GMT / BST (as appropriate), seven days a week.
            • The Product Support Centre’s address is Product Support Centre, Unit B, Caerphilly Business Park, Van Road, Caerphilly, CF83 3ED.
          • Call charges will apply for calling us. The charges will depend on your location and on your network provider. Please contact your network provider for further details.
        • This warranty document shall be governed by and construed in accordance with the laws of the country in which you purchased the relevant product covered by this warranty.

 

Warranty Terms and Conditions updated 22.10.19