Song Meter SM4M User Guide Supplement
5 Warranty and Disclosures
Wildlife Acoustics, Inc.
page
24
5
Warranty and Disclosures
Except as specifically provided herein, Wildlife Acoustics makes no warranty of any kind,
express or implied, with respect to this product.
Hardware Limited Warranty
Product
Components
Hardware Warranty Period
Song Meter
SM4M
all components (excluding hydrophones,
batteries and accessories)
1 Year
hydrophones, batteries, and accessories 1 Year
Accessories
1 Year
Wildlife Acoustics, Inc. Limited Warranty
HARDWARE
: Wildlife Acoustics, Inc. (“WAI”) warrants to the
original end user (“Customer”) that new WAI branded products
will be free from defects in workmanship and materials, under
normal use. Refer to the Hardware Limited Warranty table at the
top of this page for the applicable warranty period from the
original date of purchase.
WAI warrants refurbished WAI products, marked and sold as
such, for ninety (90) days from the original purchase date.
SOFTWARE
: WAI warrants to Customer that any WAI branded
software will perform in substantial conformance to their
schedule specifications for a period of ninety (90) days from the
date of original purchase. WAI warrants the media containing
software against failure during the warranty period. WAI makes
no warranty or representation that the operation of the software
products will be uninterrupted or error free, or that all defects in
the software products will be corrected.
EXCLUSIONS
: This warranty excludes (1) physical damage to the
surface of the product, including cracks or scratches on the
outside casing; (2) damage caused by misuse, neglect, improper
installation or testing, unauthorized attempts to open, repair, or
modify the product, or any other cause beyond the range of the
intended use; (3) damage caused by accident, fire, power
changes, other hazards, or acts of God; or (4) use of the product
with any non-WAI device or service if such device or service
causes the problem.
Any third party products, including software, included with WAI
products are not covered by this WAI warranty and WAI makes
no representations or warranties on behalf of such third parties.
Any warranty on such products is from the supplier or licensor of
the product.
No warranty is provided by WAI unless the product was
purchased from an authorized distributor or authorized reseller.
EXCLUSIVE REMEDIES
: Should a covered defect occur during the
warranty period and you notify WAI, your sole and exclusive
remedy shall be, at WAI’s sole option and expense, to repair or
replace the product or software. If WAI cannot reasonably repair
nor replace then WAI may, in its sole discretion, refund the
purchase price paid for the product. Replacement products or
parts may be new or reconditioned or comparable versions of the
defective item. WAI warrants any replaced or repaired product,
part, or software for a period of ninety (90) days from shipment,
or through the end of the original warranty, whichever is longer.
OBTAINING WARRANTY SERVICE
: Customer should refer to the
WAI website at www.wildlifeacoustics.com/support/contact-
support for information on obtaining warranty service
authorization. Methods for obtaining warranty service may vary
depending on whether purchases were made from an authorized
provider of WAI products or from WAI directly. All requests for
warranty service authorization must be made within the
applicable warranty period. Dated proof of original purchase will
be required. Products or parts shipped by Customer to WAI must
be sent postage-paid and packaged appropriately for safe
shipment. WAI is not responsible for Customer products received
without a warranty service authorization and may be rejected.
Repaired or replacement products will be shipped to Customer at
WAI expense. All products or parts that are replaced become the
property of WAI. WAI shall not be responsible for Customer
software, firmware, information, or memory data contained in,
stored on, or integrated with any products returned to WAI for
repair, whether under warranty or not. The repair and
replacement process for products or parts in locations outside of
the United States will vary depending on Customer’s location.
WARRANTIES EXCLUSIVE
: THE FOREGOING WARRANTIES AND
REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY
QUALITY AND NON-INFRINGEMENT, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED BY WAI AND ITS SUPPLIERS.
LIMITATIONS OF LIABILITY
: NEITHER WAI NOR ITS SUPPLIERS
SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT,
SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF
INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS
OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION
WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT
LIABILITY OR ANY OTHER THEORY, EVEN IF WAI HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF
ANY LIMITED REMEDY SPECIFIED IN THIS LICENCE AGREEMENT
IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WAI’S
ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR,
OR REFUND OF THE PURCHASE PRICE PAID, AT WAI’S OPTION. IN
NO EVENT SHALL WAI’S LIABILITY FOR ALL DAMAGES RELATED
TO THE PURCHASE OF PRODUCT EXCEED THE AMOUNT PAID
FOR THE APPLICABLE PRODUCT. THE FOREGOING LIMITATIONS
WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
DISCLAIMER
: Some countries, states, or provinces do not allow
the exclusion or limitation of implied warranties or the limitation
of incidental or consequential damages so the above limitations
and exclusions may be limited in their application to you. When
implied warranties may not be excluded in their entirety, they will
be limited to the duration of the applicable written warranty. This
warranty gives you specific legal rights; you may have other rights
that may vary depending on local law. Your statutory rights are
not affected.
