NuvoAir AB (”NuvoAir") warrants that for a period of one (1) year following delivery, the Air Smart / Next Spirometer you have purchased will (a) perform in accordance with published specifications, and (b) will be free from defects in materials or workmanship. In the event the Air Smart / Next Spirometer does not meet this warranty, subject to the conditions set forth in these terms and conditions, NuvoAir’s sole obligation will be, at its election, to replace the Air Smart / Next Spirometer in question or to refund the purchase price.
This warranty will not apply to any Air Smart / Next Spirometers that have been (a) damaged by lightning, water, (b) neglected, altered, abused, or used for a purpose other than the purpose for which they were provided, (c) opened by you or any other party, (d) used in conjunction with a third party product or products not approved in advance by NuvoAir, or (e) otherwise used in a manner inconsistent with any instructions provided by NuvoAir.
In the event that NuvoAir replaces a defective Air Smart / Next Spirometer under warranty, the replaced product will be covered through the end of the original warranty period, but no replacement will extend the warranty term past the two (2) year anniversary of the delivery date of the original Air Smart / Next Spirometer.
This warranty contains the entire agreement between you and NuvoAir with respect to any warranty matters, and supersedes any and all other written or oral statements, representations or agreements relating to the subject matter of this warranty, except that (if applicable) the terms and conditions of any other warranty or service agreement between you and NuvoAir that explicitly supplements or incorporates, and does not replace or modify, the terms and conditions of this warranty will also apply to the Air Smart / Next Spirometer you have purchased.
To the extent any other warranty or service agreement between you and NuvoAir expressly replaces or modifies the terms and conditions of this warranty, such replaced or modified terms shall not apply unless accepted by you (or your distributor, if applicable) and NuvoAir in a signed writing. If you purchased the Air Smart / Next Spirometer from a party other than NuvoAir, NuvoAir reserves the right to require proof of purchase to verify the timeliness of your request.
Any and all disputes arising out of or relating to the purchase or use of the Air Smart / Next Spirometer, including any warranty claims, will be governed by the laws of Sweden without regards to conflicts of laws principles. Any action arising out of or relating to the Air Smart / Next Spirometer must be brought only to the local court in Stockholm, Sweden, and by accepting the Air Smart / Next Spirometer, you hereby consent to the personal jurisdiction of such court and agree not to raise any argument of lack of personal jurisdiction or inconvenient forum or otherwise attempt to transfer such action from, or dispute the jurisdiction of, such courts.
You are required to arrange for and pay the shipping charges to return any defective Air Smart / Next Spirometer to NuvoAir. NuvoAir will arrange for and pay ground shipping charges for all products replaced or returned to you within Europe. Any other shipping charges are your responsibility. NuvoAir does not offer on-site service to repair any defective Air Smart / Next Spirometers or to resolve any problems relating to the use of replacement products.