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19
warranty
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not
apply to you.
H. ADDITIONAL CONDITIONS
•
The software included in the Xbox Product is licensed to you,
not sold. You are licensed to use such software only in your Xbox Product
and you may not reverse engineer it, except as expressly permitted by
applicable law notwithstanding this limitation.
•
Your Xbox Product and its internal components are new pursu-
ant to industry standards, unless otherwise indicated on the Xbox Product
retail packaging as "Refurbished".
•
You agree to comply with all applicable export laws and regula-
tions if you export the Xbox Product outside Australia.
•
This Limited Warranty applies to the original purchaser only
and may not be assigned or transferred.
However, some jurisdictions
extend the protection of implied warranties to subsequent consum-
ers and therefore this limitation may not apply to you.
I. GOVERNING LAW.
This Limited Warranty is valid only in Australia and is governed by and is to
be construed in accordance with the laws applicable in New South Wales.
I. QUESTIONS?
Please call 1 800 1 48894, TTY: 1 800 1 48897 within Australia.
This Limited Warranty gives you specific legal rights, and you may
also have other rights under applicable law.
If you acquired your Xbox Product in New Zealand, the following
Manufacturer's Warranty applies to you
PLEASE READ THIS MANUFACTURER’S WARRANTY CAREFULLY
MANUFACTURER’S WARRANTY
You may have rights as a consumer under the Consumer Guarantees
Act (the "CGA"). This Warranty is in addition to those rights and
does not limit those rights in any way (except to the extent permit-
ted under the CGA).
The term "Xbox Product" means the Microsoft Xbox Video Game System
console, the Microsoft software stored on the hard disk and embedded in
microprocessors within the Xbox console, and Xbox compatible hardware
peripheral products manufactured by Microsoft, whether included with the
Xbox Video Game System or purchased separately.
This Warranty does not cover your data, any separate software or Xbox
games whether or not packaged or included with the Xbox Product, or any
Xbox accessories or peripheral devices that are not manufactured by or
for Microsoft.
MANUFACTURER’S WARRANTY
Microsoft warrants that that the Xbox Product will
(i)
perform substantially in accordance with the instruction manual; and
(ii)
be of a standard and quality normally expected for goods of its kind.
This Warranty is effective for a period of one year from the date you
purchased the Xbox Product.
However, if you:
(i)
do not use the Xbox Product in accordance with the accompa-
nying documentation and use instructions; or
(ii)
have the Xbox Product repaired, modified or altered by other
than Microsoft authorized repair centers; or
(iii)
use the Xbox Product with products not sold or licensed by
Microsoft (for example, non-licensed game enhancement devices, adapters
and power supply sources) or which are not compatible with the device; or
(iv)
use the Xbox Product for commercial purposes (such as rental); or
(v)
modify or tamper with the Xbox Product; or
(vi)
damage the Xbox Product by misuse, abuse, negligence or by
accident; or
(vii)
alter, deface or remove the serial number; or
(viii)
remove the warranty seal on the Xbox Product, then this War-
ranty is not valid.
REGISTRATION.
You do not need to register your acquisition of the Xbox
Product for this Warranty to be effective.
PERSONAL GUARANTEE.
To the extent permitted under the CGA, this War-
ranty is made to you, the first user of the device. It is personal to you and
cannot be relied upon by anybody else (except as required under the CGA).
YOUR REMEDY.
Your remedy for breach of this Warranty is either:
(i) repair of the Xbox Product; or
(ii) replacement of the Xbox Product.
Microsoft may elect which remedy to provide. Microsoft will take into
account the relative costs of the different remedies in proportion to the
cost paid for the Xbox Product and the significance of the fault with the
Xbox Product, in deciding which remedy to provide.
•
Any replacement parts or Xbox Product will be new or refur-
bished or serviceably used, comparable in function and performance to
the original part or Xbox Product and this Warranty will apply to the re-
placement parts or Xbox Product for the remainder of the original War-
ranty Period.
•
Microsoft may, at its sole option, elect to replace the hard
disk contained in your Xbox Product even if this causes a loss of
data. YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR
ANY LOSS OF YOUR DATA.
•
After the Warranty Period has expired, Microsoft may charge
you a fee for its efforts to diagnose and service any Xbox Product-related
problems.
•
Microsoft will use commercially reasonable efforts to diagnose
and attempt to correct, or suggest solutions for, Xbox Product defects
that are covered by this Warranty.
OBTAINING SERVICE UNDER THIS WARRANTY.
For instructions on how to obtain repair or replacement under this
Warranty you must call: 0 800 443716, TTY: 0 800 443710 within
New Zealand.
To benefit from this Warranty, you must also:
•
Submit proof of purchase in the form of a dated sales receipt,
or invoice issued when the Xbox Product was purchased new (or a copy).
•
Follow Microsoft’s instructions if it determines that all or part
of your Xbox Product requires return for repair or replacement. Microsoft
will arrange for shipping your Xbox Product to Microsoft or its authorized
repair centers at Microsoft’s expense, or instruct you where to take the
Xbox Product in your area.
•
Delete or remove any files or data you consider private or con-
fidential prior to sending the Xbox Product to Microsoft.
•
Return the Xbox Product in the packaging materials provided
to you by Microsoft, using the labels and addresses provided in the return
authorization kit. Failure to use these materials may result in delays.
Failure to follow the above instructions may result in delays, cause
you to incur additional charges, or may (at Microsoft’s discretion)
void this Warranty.
EXCLUSION OF IMPLIED TERMS:
To the extent permitted under the
CGA, Microsoft disclaims all other warranties, conditions, liability or other
terms, either express or implied (whether by statute, common law, collat-
erally or otherwise) with respect to the device and any accompanying
product manual(s) and written materials.
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES.
To the extent permitted under the CGA, Microsoft and its suppliers shall
not be liable for any damages howsoever caused arising out of or in any
way related to the use of or inability to use the device, even if Microsoft or
any supplier has been advised of the possibility of such damages. In any
case, Microsoft’s and its suppliers’ entire liability under any provision of
this agreement shall, to the extent permitted under the CGA, be limited to
the amount actually paid by you for the device.
ADDITIONAL CONDITIONS
•
The software included in the Xbox Product is licensed to you,
not sold. You are licensed to use such software only in your Xbox Product
and you may not reverse engineer it, except as expressly permitted by
applicable law notwithstanding this limitation.
•
Your Xbox Product and its internal components are new pursu-
ant to industry standards, unless otherwise indicated on the Xbox Product
retail packaging as "Refurbished".
•
You agree to comply with all applicable export laws and regula-
tions if you export the Xbox Product.
QUESTIONS?
Please call: 0 800 443716, TTY: 0 800 443710 within New Zealand.
