Limited One Year Warranty
Finnovate Group, LLC d/b/a H2O Audio acquired H2O Audio brand from X-1 Audio, Inc. and will only warrant the H2O Audio-branded products sold after September 19th 2015, contained in the original H2O Audio product packaging (collectively the “H2O Products”) against defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase by the original end user (the “Warranty Period”). In the event that you discover a defect in materials or workmanship relating to the H2O Products, and you deliver to H2O Audio the defective H2O Products prior to the expiration of the Warranty Period, H2O Audio will, at its sole discretion (a) repair the defect in materials or workmanship at no charge to you, or (b) provide you with replacement H2O Products that are substantially similar to the defective H2O Products, or (c) provide a refund of your purchase price for the H2O Products. If you receive replacement H2O Products, the warranty period for the new H2O Products shall be the longer of (i) ninety (90) days following the date on which the H2O Products are replaced, or (ii) the rest of the Warranty Period, whichever is later. Any H2O Products for which a replacement is sent or for which a refund is offered automatically become the property of H2O Audio.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) THE ABOVE WARRANTY AND THE ABOVE REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) H2O AUDIO EXPRESSLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF DATA AND/OR OUTPUT AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM H2O AUDIO OR ANY H2O AUDIO RETAILER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY, AND H2O AUDIO’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY WARRANTY CLAIM SHALL BE AS SET FORTH IN THE ABOVE WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL H2O AUDIO, ITS EMPLOYEES, OFFICERS OR SHAREHOLDERS, BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR: (A) BUSINESS INTERRUPTION; (B) LOSS OF BUSINESS, DATA OR INFORMATION, GOODWILL, OPPORTUNITY, PROFITS, REPUTATION, REVENUE, USE OR OTHER MONETARY LOSS; (C) THE REPLACEMENT OF DATA OR EQUIPMENT; (D) FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT; OR (E) BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY) EVEN IF H2O AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE. H2O AUDIO’S TOTAL LIABILITY FOR ANY DAMAGES UNDER THIS AGREEMENT AND/OR ANY USE OF ANY H2O AUDIO PRODUCT(S) SHALL NOT EXCEED THE PURCHASE PRICE YOU PAID FOR THE H2O PRODUCTS. THE FOREGOING LIMITATION SHALL NOT APPLY TO CLAIMS ARISING FROM: (I) ANY DEATH OR PERSONAL INJURY, OR (II) ANY STATUTORY LIABILITY FOR ANY INTENTIONAL ACTS AND/OR OMISSIONS OR GROSSLY NEGLIGENT ACTS AND/OR OMISSIONS.
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