PLEASE READ THIS LIMITED WARRANTY (THE “LIMITED WARRANTY”) CAREFULLY BEFORE USING THE ACME AUDIO MANUFACTURING COMPANY PRODUCT (THE “PRODUCT”) THAT ACCOMPANIES THE LIMITED WARRANTY. BY USING THE PRODUCT YOU ARE AGREEING TO BE BOUND BY THE TERMS CONTAINED IN THE LIMITED WARRANTY IN THE SAME MANNER AS IF YOU HAD SIGNED A WRITTEN AGREEMENT WITH ACME AUDIO MANUFACTURING COMPANY (“ACME”).
Who this Limited Warranty Protects.
This Limited Warranty covers only the original end users who purchased the Product from ACME or from an ACME retailer or distributor whom ACME has designated as an “Authorized ACME Dealer”. This means that if you are not the original end user, this Limited Warranty does not cover you. This means that if you purchased the Product from someone other than ACME or an Authorized ACME Dealer, this Limited Warranty does not cover you even if you are the original end user.
What this Limited Warranty Covers.
This Limited Warranty only covers defects in materials and workmanship in ACME Products purchased and serviced in the United States.
What this Limited Warranty Does Not Cover.
This Limited Warranty does not cover any defect that is caused by: (a) improper installation, operation, testing, or storage of the Product, (b) use of the Product in a manner that is not in accordance with ACME’s published documentation, (c) use of the Product in conjunction with one or more third party products, if the defect would not have occurred but for the use of such third party product, (d) Acts of God, misuse, accident (including, without limitation, collision, fire, and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, or use in or with an unapproved device, (e) normal wear and tear, (f) rental, (g) repairs that are performed by anyone other than ACME or a third party whom ACME has expressly authorized to perform repair services for the Product. In addition, this Limited Warranty is void if a Product is returned with removed, damaged, or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
How Long This Warranty Lasts?
The Limited Warranty period is ninety (90) days for Tubes. Assembly and Parts: one year from the date on which the original end user purchased the Product from ACME or an Authorized ACME Dealer, as demonstrated by a receipt or other proof of purchase acceptable to ACME (“Proof of Purchase”).
How to Get Warranty Service
ACME will not provide any warranty coverage unless your claim is in compliance with all terms of this Limited Warranty and you follow proper return procedure. To obtain warranty service, please submit a detailed description of your claim in writing to ACME within the ninety (90) day Limited Warranty period. ACME may require you to first obtain a Return Merchandise Authorization (“RMA”) and return the defective Product together with your Proof of Purchase to ACME or an appropriate Authorized ACME Service Center at the address specified by ACME in connection with the RMA. You must pay the cost of shipping the Product to ACME or the Authorized ACME Service Center and ACME will pay the cost of shipping the Product back to you after the completion of service under this Limited Warranty, if your claim is covered by this Limited Warranty. Any Product returned to ACME without a valid warranty claim, without an RMA, or without Proof of Purchase may be rejected or returned to you at your cost, in ACME’s sole discretion. If a written warranty claim is not made within the ninety (90) day Limited Warranty period, said claim is hereby deemed waived.
What ACME Will Do?
If ACME authorizes you to return your Product to ACME or an Authorized ACME Service Center, ACME will, at ACME’s sole discretion, either repair or replace the defective Product, using new or re-conditioned components, it being understood that if ACME elects to replace the defective Product, the replacement may be a different model, provided that such model contains features and functionality that are similar to the model of the Product being replaced.
Limitation of Warranties
ACME DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. BUT, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROVIDE FOR SPECIFIC RIGHTS (OR ALLOWS YOU TO WAIVE SUCH RIGHTS), THE RIGHTS DESCRIBED IN THIS LIMITED WARRANTY SHALL BE EXCLUSIVE. THIS MEANS THAT ACME, ACME AUTHORIZED DEALERS, AND ACME AUTHORIZED SERVICE CENTERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE PRODUCT AND HEREBY EXPRESSLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN SO FAR AS APPLICABLE LAW ALLOWS SUCH DISCLAIMER ONLY AFTER THE END OF THE LIMITED WARRANTY AS SET FORTH IN THIS DOCUMENT, ACME HEREBY AGREES THAT THE DISCLAIMER SHALL ONLY APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Exclusion and Limitation of Damages
ACME DOES NOT SEEK TO LIMIT YOUR REMEDIES TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. BUT TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH LIMITATION, NEITHER ACME NOR ANY ACME AUTHORIZED DEALER OR ACME AUTHORIZED SERVICE CENTER SHALL BE LIABLE TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR PRODUCT’S LIABILITY , FOR ANY CLAIM, LOSS, OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, LOST DATA, LOST FILES, LOST SAVINGS, DAMAGE TO ANY OTHER EQUIPMENT OR OTHER ITEMS AT THE SITE OF USE, INCONVENIENCE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT, OR THE PERFORMANCE OR OPERATION OF THE PRODUCT, EVEN IF ACME AND THE ACME AUTHORIZED DEALER OR ACME AUTHORIZED SERVICE CENTER (AS APPLICABLE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ACME OR AN ACME AUTHORIZED DEALER’S OR ACME AUTHORIZED SERVICE CENTER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
General
No oral or written information or advice provided by ACME or anyone purporting to speak on behalf of ACME shall create a warranty or in any way increase the scope of the Limited Warranty set forth in this document. If any term or provision of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. Except as expressly required by applicable law, the law of the State of Michigan, USA, shall govern this Limited Warranty.
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.