WARRANTY COVERAGE, EXCLUSIONS AND LIMITATIONS

• Warranty period - 1 Year from the purchase date.

• Warranty will apply for defects in materials and workmanship, the functionality of the Product.

• Warranty provides that each Product will be free from substantial faults or defects in material and workmanship at the time of purchase, or substantial faults or defects which may appear during the Warranty period provided that the Product is used and maintained properly.

• Warranty is invalidated if the defect is caused by misuse, neglect, and tampering or incorrect adjustment.

• WakeFX’s obligations under this Warranty are limited, at its discretion and cost, to either fixing or replacing the Product it determines was defective at the time of the purchase or during the Warranty period, without undue delay, and against a valid claim made within a reasonable time after noticing the issue. In any event, the valid claim must be made prior to the termination of the Warranty period.

• Claiming party shall cooperate with WakeFX in providing any additional information as may be required to investigate a valid claim, including shipping the Product back to WakeFX, if so requested. In case shipping is required, claiming party will defray the costs of the shipping.

• The Warranty shall not apply and WakeFX shall not be liable for

  ordinary wear and tear;

  neglect, accident, improper or unreasonable use, storage, installation or maintenance of the Product, and defects, damages, losses and costs resulting from these actions by purchaser, end user or third parties;

  Products that have been altered, modified, repaired, opened or tampered with by anyone else than WakeFX or as directed by WakeFX;

  use of the Product contrary to their respective documentation, user manuals and instructions, or in a non-conformable operational environment, including defects resulting from use of third party technology in connection with Products;

  accident, fire, or other hazard; or sinking of parts not secured properly;

• Except as expressly required by mandatory law, the Warranty granted herein is construed with and interpreted in accordance with the laws of the United States of America (USA). In any event the Warranty will be limited to the countries where the Product has been initially marketed.

• To the extent permitted by applicable law, WakeFX’s liability shall be limited to the purchase value of the Product.

EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTISE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.

IN NO RESPECT SHALL FIRSTBEAT BE LIABLE OF ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE PRODUCT OR THE USE OF THE PRODUCT, WHETHER OR NOT BASED UPON THE WARRANTY; OR WHETHER OR NOT INJURY WAS SUSTAINED BY PERSON OR PROPERTY; OR SUSTAINED BY A THIRD PARTY.

ACCESS TO WARRANTY

WARRANTY PROCEDURE:

• Claim of a defect or malfunction covered by this Warranty must be performed to WakeFX’s product support. For the product support and replacement measures, the service requires as detailed as possible description of the defect, date and place of the original purchase and the contact details of the purchaser (name, address and telephone number).

• WakeFX will contact the purchaser after receiving the valid claim. WakeFX will provide the purchaser with further advice and instructions.

• Non-binding target duration for the Product maintenance is five (5) business days from the day when WakeFX receives the Product from the purchaser.