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Emotiva Audio Corporation Five-Year Limited Warranty
What does this warranty cover?
Emotiva Audio Corporation (“Emotiva”) warrants its products
against defects in materials and workmanship.
How long does this coverage last?
This warranty commences on the date of retail purchase
by the original retail purchaser and runs for a period of five years thereafter. This warranty
is transferable to any person that owns the warranted product during the Term. Emotiva
warrants any replacement product or part furnished hereunder against defects in materials
and workmanship for the longer of the following: (i) the amount of time remaining under the
original warranty, or (ii) 120 days from your receipt of the repaired or replaced product. The
duration described in the previous 2 sentences is hereinafter referred to as the “Term”. TO THE
FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES RELATED TO THE ORIGINAL
PRODUCT AND ANY REPLACEMENT PRODUCT OR PARTS (INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE EXPRESSLY LIMITED TO THE
TERM OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
A claim under this warranty must be made by you within the Term. A claim shall not be valid (and
Emotiva has no obligation related to the claim) if it is not made within the Term and if it is not
made in strict compliance with the requirements of the “How do you get service?” section.
What will Emotiva do?
Emotiva will, at its option, either: (i) repair the product, or (ii) replace the
product with a new consumer product which is identical or reasonably equivalent to the product.
Emotiva may provide you with a refund of the actual purchase price of the product in the event
(i) Emotiva is unable to provide replacement and repair is not commercially practicable or cannot
be timely made, or (ii) you agree to accept a refund in lieu of other remedies hereunder. When
a product or part is repaired or replaced, any replacement item becomes your property and the
replaced item becomes Emotiva’s property. When a refund is given, the product for which the
refund is provided must be returned to Emotiva and becomes Emotiva’s property.
What is not covered by this warranty?
This warranty does not apply: (i) to damage caused by
use with non-Emotiva products, where the non-Emotiva product is the cause of the damage; (ii)
to damage caused by service or maintenance performed by anyone who is not a representative
of Emotiva; (iii) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other
external causes; (iv) to a product or part that has been modified after its retail purchase, where
the modification caused or contributed to the damage; (v) to consumable parts, such as batteries;
or (vi) if any Emotiva serial number has been removed or defaced and Emotiva cannot otherwise
confirm that you are the original retail purchaser. EMOTIVA SHALL NOT BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO ANY DEFECTS IN OR
DAMAGES TO ITS PRODUCTS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
