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WARRANTY
SwimManTM, Inc. warrants this product against defects in materials and workmanship to the original purchaser only as specified below,.
1. PARTS - If the product is determined to have a manufacturing defect, within a period of one (1) year from date of original purchase, SwimManTM will repair or replace the product parts at no charge to you, excluding earbuds. For the first ninety (90) days of original purchase, the labor charge of repairing or replacing parts will be at no charge to you. After ninety (90) days of original purchase, the labor charge for servicing your product will be at your expense.
2. EARBUDS - The earbuds are warranted for any manufacturing defect, within a period of the first ninety (90) days of original purchase.
3. LABOR - Additionally, within a period of ninety (90) days from date of original purchase, SwimManTM, at its own discretion, will service your product by repair or replacement at no charge to you. After ninety (90) days, all labor charges will be at your expense.
To obtain warranty service by an authorized SwimManTM service center, you must drop off or mail the product to the authorized SwimManTM service center in its original product packaging materials or equivalent, to prevent damage when in transit.
Further, should WATERPROOF iPod Australia determine that the product is outside of the warranty term,WATERPROOF iPod Australia will return the product to the sender at sender's expense, without being repaired or replaced, unless authorized by you to service the out-of-warranty product at your expense. All handling, duty or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer.
Normal "wear and tear" is not covered by this warranty. Further, WATERPROOF iPod Australia hereby reserves the right to determine "wear and tear" on any and all products. Tampering or opening the product casing or wiring, will immediately void this warranty in its entirety.
Also this warranty does not apply if the product has been damaged by accident, abuse, misuse or misapplication; If any portion of the product, including the headset and earbuds have been altered or modified without the written permission of SwimManTM, has been service by a non-authorized service repair center of SwimManTM, has not been properly maintained or operated to the instruction manual; has been used for commercial, non-household purposes; cosmetically damaged; was not imported by SwimManTM; was not manufactured according to specifications of the United States market; improper installation or neglect; damage due to improper packaging and shipment; damage due to natural disasters; or for cosmetic damages.
ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO ONE (1) YEAR PARTS AND NINETY (90) DAYS LABOR FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT.
THESE WARRANTIES AND REMEDIES ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES IN CONNECTION WITH THE SALE AND USE OF THE PRODUCT. NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, ARE GIVEN.
WATERPROOF iPod Australia IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR OTHERWISE, AND WHETHER KNOWN OR SHOULD HAVE BEEN KNOWN TO SwimManTM, INCLUDING LOST PROFITS, GOODWILL, AND PROPERTY AND PERSONAL INJURY RESULTING FROM ANY BREACH OF WARRANTY, THE INABILITY TO USE THE PRODUCT OR UNDER ANY LEGAL THEORY IN CONTRACT OR TORT. SwimManTM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE TO OR LOSS OF USE TO ANY AUDIO DEVICE FROM USE OF THIS PRODUCT WITH SUCH DEVICES (SOME SwimManTM LIABILITY IS LIMITED TO THE ACTUAL PURCHASE PRICE PAID TO THE ORIGINAL PURCHASER OR RESELLER OF THE DEFECTIVE PRODUCT.
No WATERPROOF iPod Australia dealer, agent or employee is authorized to make any modification, extension, change or amendment to this warranty without the written consent and authorization from SwimManTM USA.
Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, or do not allow a limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Proof of purchase in the form of a bill of sale or receipt is required as evidence that the product is within the warranty period and must be presented to obtain warranty service.
TO RETURN SwimManTM WATERPROOF MP3 PLAYER FOR REPAIR SERVICE, YOU MUST FIRST CONTACT US BY EMAIL AT marty@waterproofipod.net.au TO RECEIVE A LETTER OF AUTHORIZATION AND RETURN ADDRESS FROM US. After authorization from us, return the headset, with the copy of your invoice or receipt, full insured (for your protection) and packed well in original packaging, if possible. All shipping, duty, handling and/or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer. Your headset will be returned to you by regular Australia Post Mail.
This product and all information contained in these instructions are subject to change without notice. Check our website, www.swimman.com.au, frequently for updates. SwimManTM Waterproof Headphones protected by patents 4683587, 6961434, and other patents pending.
All Rights Reserved 11/21/2006
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