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Limited Consumer Warranty10 | | 11Limited Consumer Warranty
SMS Audio LLC (“SMS”) warrants to the original purchaser, that this
product, when purchased new in its original packaging from an
authorized vendor, and when used in accordance with SMS’ instructions
and recommendations in documentation accompanying the product,
will be free of defects in material and workmanship that existed at the
time of such purchase and that cause a failure of the product to perform
in accordance with accompanying product documentation, for a period
of 1 year from the date of the original purchase of the product in its
original packaging from an authorized vendor (“Warranty Period”).
If such a defect arises and a valid claim is received by SMS within the
Warranty Period, at its option, SMS will (a) repair the product at no
charge, using new or refurbished replacement parts, or (b) exchange the
product for a product that is new or that has been manufactured from
new or serviceable used parts and is at least functionally equivalent to
the original product.
To make a claim and to obtain repair or replacement within terms of
this warranty, please return the product with proof of purchase receipt,
description of defect and transportation prepaid to:
SMS Audio, LLC Attn: SMS Audio Warranty 2885 South Congress Ave.,
Suite D, Delray Beach, FL 33445
A $5 money order made payable to SMS Audio, LLC must be included
to cover return shipping and handling. You are responsible for paying
the costs of shipping and for the risk of loss of or damage to the product
during shipping.
This warranty does not apply: (a) to damage to the product caused
by any use other than private non-commercial use, accident, abuse,
misuse, misapplication; (b) to damage caused by maintenance or
service performed by anyone other than SMS; (c) to a product or a part
that has been tampered with or modified by anyone other than SMS; (d)
if any SMS serial number or product identification has been removed
or defaced; (e) to exposure of the product to heat, cold, sun, water or
other liquids, chemicals, animals, dirt, sand or other contaminants; (f) to
persons who purchased the product in used condition or in unpackaged
form, or who purchased for resale, lease or lending or other commercial
uses; or (g) to acts outside the control of SMS, including, without
limitation, vandalism, fire, storms, earthquake, flood, or Acts of God.
No SMS vendor, retailer, reseller, agent, or employee is authorized to
make any modification, extension, or addition to this warranty.
The extent of SMS’s liability under this warranty is limited to the repair
or replacement provided above, and in no event shall the company’s
liability exceed the purchase price paid.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY
AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS,
WHETHER VERBAL OR WRITTEN, EXPRESS OR IMPLIED. SMS
SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IF SMS CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED
WARRANTIES UNDER APPLICABLE LAW, THEN, TO THE EXTENT
POSSIBLE, ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES
SHALL EXPIRE UPON EXPIRATION OF THE WARRANTY PERIOD.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS IS
NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF
WARRANTY OR CONDITION OF THE PRODUCT, OR UNDER ANY
OTHER LEGAL THEORY.
This Limited Warranty and any disputes arising out of or in
connection with this Limited Warranty or the condition of the product,
documentation or packaging (“Disputes”) shall be governed by the laws
of the State of New York, without regard to the conflicts of law principles
thereof. The Convention for the International Sale of Goods shall not
apply and is specifically excluded. The state and federal courts located
in the State of New York, County of New York, United States of America
shall have jurisdiction and shall be the exclusive forum for resolution of
any Disputes.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS, THAT VARY FROM
STATE TO STATE AND JURISDICTION TO JURISDICTION, AND THAT
SHALL NOT BE AFFECTED BY THIS LIMITED WARRANTY. THIS
WARRANTY CANNOT BE TRANSFERRED OR ASSIGNED.
If any provision of this Limited Warranty is unlawful, void or
unenforceable, that provision shall be deemed severable and shall not
affect any remaining provisions. In case of any inconsistency between
the English and other versions of this Limited Warranty, the English
version shall prevail.
For warranty information questions, please email
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