NACON GAMING, INC. WARRANTY

(Revised October 20, 2023)

WARRANTY

The terms of this Nacon Gaming, Inc. Limited Warranty ("Limited Warranty") shall apply to purchases of Nacon Gaming, Inc. products including Nacon, RIG and GameCom brands.

Who Does This Limited Warranty Cover

This Limited Warranty gives you, the original end-user purchaser, express limited warranty rights from Nacon Gaming, Inc., the manufacturer.

What Products Does This Limited Warranty Cover

This Limited Warranty covers Nacon Gaming, Inc. products purchased in original Nacon Gaming, Inc. packaging from Nacon Gaming, Inc., its subsidiaries, or its authorized resellers.

How to Obtain Warranty Service

Products purchased in one country or region are eligible for warranty service in other countries or regions where Nacon Gaming, Inc. or its authorized service providers offer warranty service for the same product model number; however, the Warranty Period provided in the country where the product was purchased shall apply. The warranty terms (including those stated here), service availability, and service response times may vary from country or region to country or region. Standard warranty service response time is subject to change due to local parts availability. Contact the Nacon Gaming, Inc. authorized service provider in your region for details. 

To obtain warranty service in the United States, email support.us@nacongaming.com to request warranty service in the United States.

To obtain warranty service for products purchased within Africa, Australia, New Zealand and Europe goto https://my.nacongaming.com/my-nacon/support/ to request warranty service.

For warranty service in all other countries, contact your local authorized reseller or retailer.

You are responsible for shipping charges, insurance, and other transportation-related expenses incurred when returning products to Nacon Gaming, Inc.. If you return out-of-warranty Products or Products not covered under the Limited Warranty Terms and

Conditions, you will be responsible for all return-shipping and other transportation-related expenses.

What is the Period of Coverage

The term of the warranty begins from the date of purchase. Your dated sales receipt showing the date of purchase is your proof of purchase. The warranty period is one year from the date of purchase; consult your original Nacon Gaming, Inc. product packaging or user information provided by Nacon Gaming, Inc. at the time of purchase for the warranty term specific to your product ("Warranty Period"). Nacon Gaming, Inc. obligation under this Limited Warranty to repair or replace products that manifest a defect in materials or workmanship ceases upon the expiration of the Warranty Period.

What Products Are Not Covered by This Limited Warranty

This Limited Warranty does not cover: 1) products purchased from an unauthorized reseller; 2) use in call centers of products not designed for intensive use; 3) products purchased through online auctions; 4) products that are operated in combination with software, peripheral or ancillary equipment such as but not limited to batteries, chargers, adapters, headsets, connector cables, and power supplies ("Ancillary Equipment") not furnished or otherwise certified by Nacon Gaming, Inc. for use with the Nacon Gaming, Inc. products or any damage to the Nacon Gaming, Inc. products or ancillary equipment as a result of such use; 5) damage caused by (a) accident, fire, misuse, neglect, unusual physical or electrical stress, or modification; (b) improper or unauthorized installation, wiring, repair, testing or (c) use of the product outside Nacon Gaming, Inc. published guidelines; 6) instances in which someone other than Nacon Gaming, Inc. (or its authorized service centers) tests, alters, modifies or services the products in any way; 7) products that have (a) serial numbers or date tags that have been removed or altered, or (b) nonconforming or non-Nacon Gaming, Inc. housings or parts; and 8) consumable spare parts and accessories (unless they are found to be non-functional or broken upon purchase of product), such as:

1. Cases and Case Parts
2. Modular Plugs
3. Headbands
4. Lanyards
5. Pouches
6. Decorative Finishes
7. Switches
8. Eartips, Eartip Kits, Ear Cushions, Ear Loops and Ear Buds
9. Customer-replaceable Standard Batteries

What Will We Do to Correct Problems

During the Warranty Period Nacon Gaming, Inc. will repair or replace, at its option, products that manifest defects in materials or workmanship if you provide notice to Nacon Gaming, Inc. and return the product to Nacon Gaming, Inc. in the manner described below.

Nacon Gaming, Inc. may repair or replace products under this Limited Warranty (a) with new or reconditioned products, parts, or components, or (b) with a product similar to an original product that has been discontinued. If these replaced or repaired products, parts or components manifest a defect in materials or workmanship during the greater of 12 months following their repair and/or replacement, or during the remainder of the Warranty Period for the product they replaced or in which they were installed, Nacon Gaming, Inc. , at its discretion, will repair or replace these products or parts.

For products sold with customized, user-replaceable batteries manufactured by Nacon Gaming, Inc. , in the event the battery fails during the Warranty Period, Nacon Gaming, Inc. will replace the battery. For products sold with batteries that are not user-replaceable, in the event the battery fails during the Warranty Period, Nacon Gaming, Inc. will replace the product.

When a product or part is replaced, the replacement item becomes your property and the returned product or part becomes the property of Nacon Gaming, Inc.

In the unlikely event that your product has recurring failures or Nacon Gaming, Inc. is unable to repair or replace the product, Nacon Gaming, Inc. will provide you with a replacement product selected by Nacon Gaming, Inc. that is the same or similar to your product in performance. This is your exclusive remedy for a defective product.

What Exclusions and Limitations Apply to this Limited Warranty

NACON GAMING, INC. MAKES NO OTHER EXPRESS WARRANTY WHETHER WRITTEN OR ORAL AND NACON GAMING, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LOCAL LAW OF JURISDICTIONS OUTSIDE THE UNITED STATES, NACON GAMING, INC. DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ALL TRANSACTIONS OCCURRING IN THE UNITED STATES, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE WARRANTY PERIOD AS

PROVIDED BY NACON GAMING, INC. IN THE MATERIALS RECEIVED AT THE TIME OF PURCHASE. 

No warranty is made that the software provided by Nacon Gaming, Inc. will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected. 

Limitation of Liability

THE MAXIMUM LIABILITY OF NACON GAMING, INC. UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF THAT PRODUCT OR ANY COMPONENT OR PART THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL NACON GAMING, INC. BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. NACON GAMING, INC. IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED NACON GAMING, INC. OR AN AUTHORIZED REPRESENTATIVE OF NACON GAMING, INC. OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

What Law Governs This Warranty

THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. FOR CONSUMER TRANSACTIONS, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.

For United States residents, any disputes arising out of this Limited Warranty or otherwise relating to your purchase of the Nacon Gaming, Inc. product that is the subject of this Limited Warranty, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the state in which you currently reside, without regard to its conflict-of-law principles.

What Other Legal Rights May Exist

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.