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Nofence Hardware Warranty Policy

This Warranty Policy (the ”Warranty Policy”) was last updated on the 20.02.23 and applies to all purchases of Nofence’s solar powered GPS-collar and associated hardware components, as set forth in the Order, purchased from Nofence or one of Nofence’s authorised distributors, and in each case, is configured by Nofence for use with the Software in connection with a Subscription.

1 Agreement Documents

1.1 Product and Subscription Terms

1.1.1 Any purchase and use of the Solution is governed by Nofence's Product and Subscription Terms which are available here: Nofence Product and Subscription Terms, and the relevant Order through which Subscriber has purchased the Solution. 

1.1.2 For the avoidance of doubt, all definitions used herein shall have the meaning set forth in the Product and Subscription Terms unless expressly stated otherwise.

2 Hardware

2.1 Nofence Warrants

2.1.1 Provided that the Subscriber performs in accordance with the terms as set forth in the Product and Subscription Terms, Nofence warrants that on delivery and for a period of two years (the "Warranty Period") the Hardware will be free from all material defects and that the Hardware is capable of performing its intended function.

2.1.2 The Warranty Period shall commence on the Effective Date as set out on the Order.

2.1.3 This Warranty Period shall also apply to any second-hand purchases so long as the user can prove that
they are still within the Warranty Period.

2.2 Warranty Coverage

2.2.1 This Warranty Policy covers faults in relation to normal use ("Normal Use") of the Hardware. Normal Use shall be defined as any use in line with the Nofence user manual found here and any use of the Hardware as part of the Solution. Any use contrary to the animal's best interest or negligent use shall not be covered by the definition of Normal Use. As far as it is reasonable, Nofence may in its sole discretion decide whether or not the relevant use may be considered Normal Use.

2.2.2 This policy shall cover damage to the Hardware resulting in it becoming unfit for use (i.e. the Hardware no longer turns-on or connects with the mobile device due to a manufacturing fault).

2.3 Exclusions

2.3.1 This Warranty does not apply to: (a) the gradual deterioration of the Hardware as a result of the Normal Use and normal wear and tear of the Hardware, unless this deterioration is the result of a manufacturing defect or material defect; (b) surface damage such as scratches and notches in the Hardware, unless the damage is a result of a manufacturing defect or material defect; (c) damage as a result of accident, misuse, wrongful use, fire, earthquake, Acts of God or other external factors; (d) damage as a result of use contrary to Nofence user manual and contrary to the Normal Use of the Hardware; (e) damage as a result of repair service executed by a person who does not represent or is not affiliated with Nofence; (f) Hardware that has been altered without the prior written consent of Nofence; (g) any damage connected to the event that animals move outside of the grazing area.

3 Remedies Following A Warranty Notice

3.1 Replacement

3.1.1 Should a warranty notice be made subject to the requirements of this Warranty Policy and be a result of the Normal Use of the Hardware, the Subscriber may choose to be remedied with the provision of refurbished or newHardware. The Subscriber will be provided Hardware in the same or newer model or, with the Subscriber's consent, a product that for the most part has similar characteristics to the original Hardware.

3.1.2 The warranty notice must be submitted no later than 30 days after the Subscriber discovered the defect.

3.1.3 In the event of the replacement of Hardware, this warranty will continue and remain in force for the remainder of the original warranty period.

4 Return Policy

4.1 Returns

4.1.1 Returns may not be made unless Nofence has specifically consented to the return or the return is subject to clause 3. of this Warranty Policy. 

4.1.2 The Subscriber will be responsible for the cost of delivery and will have to ensure that the method of delivery does not result in any damage of the Hardware.

4.1.3 To request a return the Subscriber may contact Nofence using the contact details in clause 6 of this Warranty Policy. The authorised Nofence representative who approves any returns will also inform the Subscriber of the address of delivery and any relevant time frames for making the delivery

4.1.4 When making a return request the Subscriber shall provide the reasons for providing the request, the Order and any other information the Subscriber deems as relevant to any such request.

5 Exercising Rights In The Warranty Policy

5.1 Providing Notice

5.1.1 To exercise any rights stated herein, please contact Nofence via legal@nofence.no.

5.1.2 When making the relevant notice please detail the reasons for providing the notice, when the situation was first discovered, the Order and any other information the Subscriber deems as relevant to any such notice. 

5.1.3 Nofence will not be able to provide any remedies for any warranty notice without the presentation of proof of purchase or proof of ownership of the Hardware.