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Voyetra Turtle Beach, Inc. ("VTB")
warrants to the original end-user purchaser ("Purchaser") that the
retail Turtle Beach hardware product herein ("Product") will be free
of defects in materials and workmanship for a period of ninety (90) days from
the date of purchase by the Purchaser ("Warranty Period"). This
limited warranty extends only to the Purchaser and is not transferable or
assignable to any subsequent purchaser. This limited warranty is applicable
only in the country or territory where the Product was purchased from an
authorized VTB retailer and does not apply to a Product that has been
purchased as used or refurbished or was included as part of a non-VTB product.
VTB does not warrant uninterrupted or error-free operation of the Product and
is under no obligation to support the Product for all computer operating
systems or future versions of such operating systems.
If a defect should occur during the
Warranty Period, Purchaser must contact VTB to obtain a Return Merchandise
Authorization ("RMA") number. Purchaser will be responsible for
shipping costs incurred in returning the defective Product to an authorized
VTB service center, or to the repair facility located at VTB's corporate
headquarters. A copy of the dated proof of purchase and a description of the
problem must be included with the defective Product. VTB will not be
responsible for other products or accessories included with the defective
Product sent to VTB. The RMA number must be clearly indicated on the outside
of the package. Packages without an RMA number may be refused by VTB or its
representatives and returned to sender.
In the event of a defect, Purchaser's
sole and exclusive remedy, and VTB's sole liability, is expressly limited to
the correction of the defect by adjustment, repair, or replacement of the
Product at VTB's sole option and expense. VTB owns all Products it has
replaced and all parts removed from repaired Products. VTB uses new and
reconditioned parts made by various manufacturers in performing warranty
repairs and building replacement products. If VTB repairs or replaces a
product, the original Warranty Period is not extended, however, VTB warrants
that repaired or replacement parts will be free from defects in material and
workmanship for a period of thirty (30) days from the date of repair or
replacement, or for the remainder of the Warranty Period, whichever is
greater.
This warranty does not apply to any
Product that has had its serial number altered, removed or defaced, or any
Product damage caused by shipping, improper storage, accident, problems with
electrical power, abuse, misuse, neglect, ordinary wear, acts of God (e.g.
flood), failure to follow directions, improper maintenance, use not in
accordance with product instructions, unauthorized modification or service of
the Product or damage resulting from the use of the Product with hardware,
software or other products not provided by or specifically recommended by VTB.
THIS LIMITED WARRANTY IS PURCHASER’S
SOLE AND EXCLUSIVE REMEMDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VTB HEREBY DISCLAIMS THE
APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH A DISCLAIMER IS PROHIBITED
BY APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE
FOREGOING LIMITED WRITTEN WARRANTY.
IN NO EVENT SHALL VTB BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA, OR LOSS OF USE,
ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY OR BODILY INJURY (INCLUDING
DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF THIS PRODUCT OR
ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR
STRICT LIABILITY, EVEN IF VTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
This warranty supercedes all prior
agreements or understandings, oral or written, relating to the Product, and no
representation, promise or condition not contained herein will modify these
terms. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above exclusion or limitation may not apply to
you. This warranty gives you specific legal rights. You may also have other
rights, which vary from state to state. Any action or lawsuit for breach of
warranty must be commenced within eighteen (18) months following the purchase
of the Product.
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