2
1
“Authorized Dealer”
means any distributor, reseller or retailer that (i)
was duly authorized to do business in the jurisdiction where it sold the
Product to You, (ii) was permitted to sell You the Product under the laws
of the jurisdiction where You bought the Product, and (iii) sold You the
product new and in its original packaging.
“Formal Warranty Claim”
means a claim made in accordance with the
section “Formal Warranty Claims” herein.
“Product”
means a Product (i) that is an official SportEAR Product that
You purchased from an Authorized Dealer new and in its original
packaging, and (iii) whose serial number, if any, has not been
removed, altered, or defaced.
“Product Defect”
means an inadequacy of the Product that existed at
the time when You purchased it from an Authorized Dealer and causes a
failure of the Product to perform in accordance with SporEAR’s
documentation accompanying the Product, unless such failure has been
caused completely or partly by (a) any use other than Adequate Use, (b)
transportation, neglect, misuse or abuse by anyone other than SportEAR
employees, (c) alteration, tampering or modification of the product by
anyone other than an SportEAR employee, (d) accident (other than a
malfunction that would otherwise qualify as a Product Defect), (e)
maintenance or service of the Product by anyone other than an
SportEAR employee, (f) exposure of the Product to heat, bright light,
sun, liquids, sand or other contaminants, or (g) acts outside the control
of SportEAR, including without limitation acts of God, fire, storms,
earthquake or flood.
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