Limited Consumer Warranty
Limited Consumer Warranty
SMS Audio LLC (“SMS”) warrants to the original purchaser, that this product, when purchased new in
its original packaging from an authorized vendor, and when used in accordance with SMS’ instructions
and recommendations in documentation accompanying the product, will be free of defects in material
and workmanship that existed at the time of such purchase and that cause a failure of the product to
perform in accordance with accompanying product documentation, for a period of 1 year from the date
of the original purchase of the product in its original packaging from an authorized vendor (“Warranty
Period”).
If such a defect arises and a valid claim is received by SMS within the Warranty Period, at its option,
SMS will (a) repair the product at no charge, using new or refurbished replacement parts, or (b)
exchange the product for a product that is new or that has been manufactured from new or serviceable
used parts and is at least functionally equivalent to the original product.
To make a claim and to obtain repair or replacement within terms of this warranty, please return the
product with proof of purchase receipt, description of defect and transportation prepaid to:
SMS Audio, LLC Attn: SMS Warranty 1159 Logan Circle, NW Atlanta GA 30318.
A $5 money order made payable to SMS Audio, LLC must be included to cover return shipping and
handling. You are responsible for paying the costs of shipping and for the risk of loss of or damage to
the product during shipping.
This warranty does not apply: (a) to damage to the product caused by any use other than private non-
commercial use, accident, abuse, misuse, misapplication; (b) to damage caused by maintenance or
service performed by anyone other than SMS; (c) to a product or a part that has been tampered with
or modified by anyone other than SMS; (d) if any SMS serial number or product identification has been
removed or defaced; (e) to exposure of the product to heat, cold, sun, water or other liquids, chemicals,
animals, dirt, sand or other contaminants; (f) to persons who purchased the product in used condition
or in unpackaged form, or who purchased for resale, lease or lending or other commercial uses; or (g)
to acts outside the control of SMS, including, without limitation, vandalism, fire, storms, earthquake,
flood, or Acts of God.
No SMS vendor, retailer, reseller, agent, or employee is authorized to make any modification, extension,
or addition to this warranty.
The extent of SMS’s liability under this warranty is limited to the repair or replacement provided above,
and in no event shall the company’s liability exceed the purchase price paid.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET
FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND
CONDITIONS, WHETHER VERBAL OR WRITTEN, EXPRESS OR IMPLIED. SMS SPECIFICALLY
DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SMS
CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW,
THEN, TO THE EXTENT POSSIBLE, ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL
EXPIRE UPON EXPIRATION OF THE WARRANTY PERIOD.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMS IS NOT RESPONSIBLE FOR DIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF
WARRANTY OR CONDITION OF THE PRODUCT, OR UNDER ANY OTHER LEGAL THEORY.
This Limited Warranty and any disputes arising out of or in connection with this Limited Warranty or
the condition of the product, documentation or packaging (“Disputes”) shall be governed by the laws
of the State of New York, without regard to the conflicts of law principles thereof. The Convention for
the International Sale of Goods shall not apply and is specifically excluded. The state and federal courts
located in the State of New York, County of New York, United States of America shall have jurisdiction
and shall be the exclusive forum for resolution of any Disputes.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE
OTHER RIGHTS, THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION,
AND THAT SHALL NOT BE AFFECTED BY THIS LIMITED WARRANTY. THIS WARRANTY CANNOT
BE TRANSFERRED OR ASSIGNED.
If any provision of this Limited Warranty is unlawful, void or unenforceable, that provision shall be
deemed severable and shall not affect any remaining provisions. In case of any inconsistency between
the English and other versions of this Limited Warranty, the English version shall prevail.
For warranty information questions, please email
.
EN | STREET by 50 In-Ear
EN | STREET by 50 In-Ear
