PLEASE READ THIS LIMITED WARRANTY (THE “LIMITED WARRANTY”) CAREFULLY BEFORE USING THE H2 AUDIO PRODUCT (THE “PRODUCT”) THAT ACCOMPANIES THE LIMITED WARRANTY. BY USING THE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS CONTAINED IN THE LIMITED WARRANTY IN THE SAME MANNER AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH H2 AUDIO.
Who this Limited Warranty Protects.
This Limited Warranty covers only the original end users who purchased the Product from H2 AUDIO or from an H2 AUDIO retailer or distributor whom H2 AUDIO has designated as an “Authorized H2 AUDIO Dealer”. This means that if you are not the original end user, this Limited Warranty does not cover you. This means that if you purchased the Product from someone other than H2 AUDIO or an Authorized H@ AUDIO Dealer, this Limited Warranty does not cover you even if you are the original end user.
What this Limited Warranty Covers.
This Limited Warranty only covers defects in materials and workmanship in H2 AUDIO Products purchased and serviced in the United States.
What this Limited Warranty Does Not Cover.
This Limited Warranty does not cover any defect that is caused by: (a) improper installation, operation, testing, or storage of the Product, (b) use of the Product in a manner that is not in accordance with H2 AUDIO’s published documentation, (c) use of the Product in conjunction with one or more third party products, if the defect would not have occurred but for the use of such third party product, (d) Acts of God, misuse, accident (including, without limitation, collision, fire, and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, or use in or with an unapproved device, (e) normal wear and tear, (f) rental, (g) repairs that are performed by anyone other than H2 AUDIO or a third party whom H2 AUDIO has expressly authorized to perform repair services for the Product. In addition, this Limited Warranty is void if a Product is returned with removed, damaged, or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
How Long This Warranty Lasts?
The Limited Warranty covers Assembly and Parts: one year from the date on which the original end user purchased the Product from H2 AUDIO or an Authorized H2 AUDIO Dealer, as demonstrated by a receipt or other proof of purchase acceptable to H2 AUDIO (“Proof of Purchase”).
How to Get Warranty Service
H2 AUDIO will not provide any warranty coverage unless your claim is in compliance with all terms of this Limited Warranty and you follow proper return procedure. To obtain warranty service, please submit a detailed description of your claim in writing to H2 AUDIO within the one year Limited Warranty period. H2 AUDIO may require you to first obtain a Return Merchandise Authorization (“RMA”) and return the defective Product together with your Proof of Purchase to H2 AUDIO or an appropriate Authorized H2 AUDIO Service Center at the address specified by H2 AUDIO in connection with the RMA. You must pay the cost of shipping the Product to H2 AUDIO or the Authorized H2 AUDIO Service Center and H2 AUDIO will pay the cost of shipping the Product back to you after the completion of service under this Limited Warranty, if your claim is covered by this Limited Warranty. Any Product returned to H2 AUDIO without a valid warranty claim, without an RMA, or without Proof of Purchase may be rejected or returned to you at your cost, in H2 AUDIO’s sole discretion. If a written warranty claim is not made within the one year Limited Warranty period, said claim is hereby deemed waived.
What H2 AUDIO Will Do?
If H2 AUDIO authorizes you to return your Product to H2 AUDIO or an Authorized H2 AUDIO Service Center, H2 AUDIO will, at H2 AUDIO’s sole discretion, either repair or replace the defective Product, using new or re-conditioned components, it being understood that if H2 AUDIO elects to replace the defective Product, the replacement may be a different model, provided that such model contains features and functionality that are similar to the model of the Product being replaced.
Limitation of Warranties
H2 AUDIO DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. BUT, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROVIDE FOR SPECIFIC RIGHTS (OR ALLOWS YOU TO WAIVE SUCH RIGHTS), THE RIGHTS DESCRIBED IN THIS LIMITED WARRANTY SHALL BE EXCLUSIVE. THIS MEANS THAT H2 AUDIO, H2 AUDIO AUTHORIZED DEALERS, AND H2 AUDIO AUTHORIZED SERVICE CENTERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND HEREBY EXPRESSLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN SO FAR AS APPLICABLE LAW ALLOWS SUCH DISCLAIMER ONLY AFTER THE END OF THE LIMITED WARRANTY AS SET FORTH IN THIS DOCUMENT, H2 AUDIO HEREBY AGREES THAT THE DISCLAIMER SHALL ONLY APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Exclusion and Limitation of Damages
H2 AUDIO DOES NOT SEEK TO LIMIT YOUR REMEDIES TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. BUT TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH LIMITATION, NEITHER H2 AUDIO NOR ANY H2 AUDIO AUTHORIZED DEALER OR H2 AUDIO AUTHORIZED SERVICE CENTER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR PRODUCT’S LIABILITY , FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, LOST DATA, LOST FILES, LOST SAVINGS, DAMAGE TO ANY OTHER EQUIPMENT OR OTHER ITEMS AT THE SITE OF USE, INCONVENIENCE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT, OR THE PERFORMANCE OR OPERATION OF THE PRODUCT, EVEN IF H2 AUDIO AND THE H2 AUDIO AUTHORIZED DEALER OR H2 AUDIO AUTHORIZED SERVICE CENTER (AS APPLICABLE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL H2 AUDIO OR AN H2 AUDIO AUTHORIZED DEALER’S OR H2 AUDIO AUTHORIZED SERVICE CENTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
No oral or written information or advice provided by H2 AUDIO or anyone purporting to speak on behalf of H2 AUDIO shall create a warranty or in any way increase the scope of the Limited Warranty set forth in this document. If any term or provision of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Except as expressly required by applicable law, the law of the State of Michigan, USA, shall govern this Limited Warranty.
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.