Screen Excellence Ltd. (“Screen Excellence”) , owner of Audio Excellence website and manufacturer of Audio Excellence products warrants (this “Limited Warranty”) to the original end-user customer (the “End User”) that this product is free from defects in material and workmanship (except as provided below) for sixty-six (66) months from the date of manufacture or five (5) years from the date of purchase, whichever period ends first (the “Warranty Period”). This Limited Warranty extends only to the End User, and is not transferable. This Limited Warranty is applicable to products that are repaired or replaced for the balance of the Warranty Period or ninety (90) days from the date the product is repaired or replaced, whichever is longer.
If a product breaches this Limited Warranty, the End User may return it to Screen Excellence in accordance with the terms of the Return Policy, below, within a reasonable time after the End User discovers the defect. Subject to the conditions and limitations set forth below (the “Excluded Items”), Screen Excellence will, at its discretion, either repair or replace any part of the product that proves defective by reason of improper workmanship or materials. If the End User returns a product to Screen Excellence and Screen Excellence determines that this Limited Warranty does not apply, Screen Excellence will not return the product to the End User unless the End User requests it to do so and pays all expenses of shipment. If End User does not request and pay for Screen Excellence to return the product, it will become Screen Excellence’s property. Any product covered by this Limited Warranty (as determined by Screen Excellence) will, after repair or replacement, be shipped back to the End User at Screen Excellence’s expense.
SCREEN EXCELLENCE’S TOTAL LIABILITY UNDER THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, IS LIMITED TO REPAIR, REPLACEMENT OR REFUND. REPAIR, REPLACEMENT OR REFUND ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL SCREEN EXCELLENCE BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE PURCHASE, USE, MISUSE, INABILITY TO USE OR INABILITY TO INSTALL THE PRODUCT OR FROM DEFECTS IN THE PRODUCT.
THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY SCREEN EXCELLENCE FOR THE PRODUCT AND IS IN LIEU OF ALL OTHER WARRANTIES. SCREEN EXCELLENCE DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS WARRANTY SUPERSEDES ALL OTHER WARRANTIES, INCLUDING ANY WARRANTIES BASED ON ORAL REPRESENTATIONS.
THIS LIMITED WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS, AND THE END USER MAY HAVE OTHER RIGHTS THAT VARY ACCORDING TO THE LEGAL SITUATION IN THE COUNTRY WHERE THE PRODUCT IS PERMANENTLY INSTALLED.
THIS LIMITED WARRANTY DOES NOT COVER DEFECTS CAUSED BY negligence; improper maintenance; improper storage; misuse; installation not in accordance with Screen Excellence’s printed installation instructions; abuse; impact or other force, whether prior or subsequent to installation; normal wear and tear; fire, lightning, tornadoes, or other natural events; contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food; excessive electrical supply; abnormal mechanical or environmental conditions; application other than intended use; unauthorized disassembly, repair or modification; service by unauthorized provider; installation of unapproved third party products; buyer’s remorse. This Warranty also does not apply to any product on which the original identification information has been altered, obliterated or removed, or has been sold as second-hand. Screen Excellence does not warrant against freight damage, concealed or otherwise. The End User must contact the delivering carrier to report freight damage within 48 hours of receipt of product. Failure to report freight damages within the carrier’s guidelines may result in the End User bearing all costs. Failure to sign the delivery receipt acknowledges approval of the product as is and nulls the End User’s claim.