New Computer Systems
Hardware (excluding monitor, keyboard and mouse) - One (1) year
Monitor, keyboard and mouse - One (1) year
(except where specified by original manufacturer)

During the warranty period, NEX will correct any defects in material or workmanship, or any failure of the NEX product to conform to specifications, at no charge for labor and materials, at its designated repair facility. Shipping costs to NEX's designated facility must be prepaid by the original purchaser. Any replacement part or product shall be new or serviceably used and is warranted for the remainder of the original warranty period or thirty (30) days from the date of shipment, whichever is longer. This warranty period is not extended as a result of purchasing any additional parts or products from us in upgrading your NEX product. The original purchaser must promptly notify NEX in writing if there is a defect in material or workmanship. Written notice in all events must be received by NEX before expiration of the warranty period. This warranty is not transferable.

The warranty for International Customers is the same as for Customers within the United States except as follows. NEX is not responsible for any customs fees, taxes or VAT that may be due; the International Customer is responsible for these charges, even if the product delivery is refused by the Customer. On all orders for in-house service, the international Customer is responsible for shipping charges to and from NEX, customs fees, taxes or VAT that may be due.

This Limited Warranty covers normal use. NEX does not warrant or cover:

• Products not purchased directly from NEX or from NEX through an authorized NEX reseller;
• Software, disks and drivers, compact discs, documentation and related information;
• Damage during shipment;
• Impact with other objects, dropping, spilled liquids, or immersion in liquids;
• Disasters such as fire, flood, wind, earthquake, or lightning;
• Unauthorized attachments, alterations, modifications, or foreign objects;
• Damage caused by or to peripheral devices;
• Problems resulting from adjustments to the purchased hardware and software configuration and additional hardware and software;
• Problems evolving from configuration conflicts between the purchased product's operating system and software and any additional software application installations and operations and hardware from suppliers other than NEX;
• Failure to provide a suitable installation environment for the hardware system;
• Use of the hardware system for purposes other than those for which it was designed;
• Improper maintenance;
• Any unauthorized repair during the warranty period by a service provider other than NEX (or its authorized agent).

The customer's remedy for NEX's failure to repair the NEX product to conform to the warranty (after a reasonable number of attempts,) will be limited to a replacement of the NEX product. This remedy is the Customer's exclusive remedy for breach of warranty.

UNDER NO CIRCUMSTANCES SHALL NEX BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR STRICT LIABILITY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF USE OF THE NEX PRODUCT OR PERIPHERALS, COST OF CAPITAL, COST OF REPLACEMENT EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME, PURCHASER'S TIME, THE CLAIMS OF THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY.

See the Warranty Service Guide for all warranty service procedures.

Disclaimer of Warranties
THE WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT. ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEX, ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.

Jurisdiction and Venue
The Customer and NEX agree that this warranty, its interpretation and any disputes arising from this warranty shall be exclusively governed by the laws of the State of Arizona, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that Arizona courts have jurisdiction over this warranty and that Arizona is an appropriate place for venue of any litigation. This is a knowing WAIVER of any rights Customer has to object to jurisdiction or venue.

Arbitration
If a controversy arises with respect to the subject matter of this Limited Warranty or any provision hereof, such controversy shall be settled by final, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, such arbitration to be conducted in Maricopa County, Arizona.