Warranty and Disclaimer of NAK's products

  1. This warranty and disclaimer (the “Warranty”) constitute NAK’s entire warranties with respect to any and all NAK products and are in lieu of any and all other statutory, express or implied warranties. Except as set forth herein, NAK makes no other performance representations, warranties, or guarantees, either express or implied, oral or written, with respect to any and all NAK products, including, without limitation, any implied warranty of fitness for a particular purpose.
  2. NAK warrants that all NAK products are free from material defects in workmanship or materials for a period of twelve (12) months from the delivery date as specified in the applicable Invoices.
  3. The Warranty is limited to a specified territory. If NAK products are transferred from the specified territory or exported outside of the specified territory, NAK shall not be liable for defect of any kind.
  4. Any claim against NAK with respect to defects shall be confirmed by NAK at its discretion, and NAK must receive all applicable documents and supportive evidence as reasonably requested. In the event of a third party certificate is required for analytical purpose, it shall be agreed by NAK in writing and obtained at buyer’s sole expense.
  5. NAK shall have no liability with respect to any claims arising out of or relating to the NAK products or their use unless such claim stems from NAK products’ non-conformity as a result of NAK’s gross manufacturing negligent or inaction. For example, in no event shall NAK be liable to any NAK products defect which:
    • have been subjected to abuse, misuse, improper use, negligence, accident, modification, alteration, tampering;
    • are damaged due to failure of buyer and/or end-user to follow ordinary operating and maintenance procedures;
    • are damaged due to attempted repair by non-qualified personnel;
    • are damaged due to operation in a critical environment or customized equipment without NAK’s prior written approval;
    • are damaged due to natural deterioration, decomposition or transformation of chemical structure, or if the original identification (such as serial number, barcode, or trademark) markings have been defaced, altered or removed;
    • are damaged due to materials or components not supplied or designated by or for NAK;
    • are damaged due to be in compliance with the buyer’s requests or instructions;
    • are damaged due to any causes not attributable to NAK;
    • have damaged, altered invalid, or unidentifiable invoice, certificate, or other applicable information and documents;
    • have failure caused by lightning or other electrical system failure;
    • have the failure caused by additional or unauthorized software or accessories;
    • have failure caused by improper usage or storage caused by humidity, external force, or drop;
    • fails to comply with applicable laws, regulations, or administrative rules;
    • are not sold by NAK to buyer in the specified territory.
  6. The total and maximum liability of NAK under any circumstances, and any buyer’s sole and exclusive remedy for damages for any claim of any kind whatsoever with respect to any of buyer’s orders for the products or with respect to any of the NAK products, regardless of the legal theory, shall not be greater than US$1,000,000 or the actual purchase price of the NAK products which such claim is made, whichever is less.
  7. Under no circumstances shall NAK be liable for any punitive, exemplary, indirect, consequential, incidental, special, or punitive damages, including but not limited to, any lost profits, arising out of performance of any transaction.
  8. The NAK products shall not be used, installed, or applied in any
    • aircraft, rigs and/or shipping related instruments and/or equipment.
    • brake system and any other instruments and equipment used for stopping automobile vehicle or reducing their speeds.
    • military applications, including any efforts to manufacture, acquire, possess, develop, transport, transfer or use of such NAK products.
    • instruments and equipment which may cause critical harm to human being or may have safety concern when they failed.

    Any such use, installation, or application is prohibited and shall automatically void all express or implied warranties.

  9. If products are to be applied in critical environment or customized equipment, they are only allowed to launch into mass production when the sample has been officially confirmed by NAK’s technical personnel and have been passed the testing conducted by the user.