Beamz Interactive Inc. Limited Warranty for Beamz Products, accessories and software.
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Beamz Interactive, Inc. (“Beamz”) hereby warrants to you that the Beamz brand music performance product (“Product”) accompanying this Limited Warranty (“Warranty”) shall materially conform to its accompanying written documentation and written specifications (collectively, the “Specifications”), in normal use consistent with the Specifications, for one (1) year from the date of original purchase thereof from Beamz or an authorized Beamz reseller (the “Warranty Period”). If any Product does not materially conform to the foregoing Warranty, you MUST PROVIDE PROOF OF PURCHASE AND may contact Beamz at the telephone number or email address below to determine whether the Product is subject to this Warranty. Where the Product is subject to this Warranty, Beamz may direct you to return such Product to Beamz, at your risk and expense and no later than ten (10) days after the end of the Warranty Period. After Beamz has received such returned Product, Beamz shall, at its option, either repair or replace such Product, and shall in either case return such Products to you at Beamz’s risk and expense. Returned Products shall be subject to the balance of the Warranty Period otherwise applicable, but in no event less than ninety (90) days. Any reconditioned parts used by Beamz shall be subject to all the same provisions as otherwise applicable to new parts. The foregoing describes Beamz’s sole liability, and your sole remedy, under this Warranty.
2. WARRANTY EXCLUSIONS
The foregoing Warranty does not cover and shall be void for defects or damages resulting from casualty, accident, misuse or abuse, neglect, alterations, service or repair other than by Beamz or its independent third party service providers (including without limitation by you), improper installation, operation or maintenance, improper connections with peripherals or other causes not arising out of defects in the materials or workmanship of Products. Beamz shall not be responsible for damage to or loss of repaired or replaced Products during shipping by Beamz.
3. PROCEDURE FOR WARRANTY SERVICE
Prior to returning any Products to Beamz, you must first contact Beamz, either by telephone (at (888) 724-7380) or email (to “email@example.com”), to confirm that such Products are covered by the foregoing Warranty. If such Products are so covered, you shall obtain from Beamz a return merchandise authorization (“RMA”) number and shipping instructions prior to any shipment of such Products to Beamz, and shall include such RMA with any corresponding Product shipment. All shipments shall be in the original retail carton with interior foam.
IN NO EVENT SHALL BEAMZ BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER AND WHEREVER ARISING, AND REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF BEAMZ, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, AND AFFILIATES FOR ANY CLAIM ASSOCIATED WITH OR ARISING FROM THIS WARRANTY OR ANY PRODUCT EXCEED THE AMOUNT ACTUALLY PAID TO BEAMZ FOR THE PRODUCT WHICH IS THE SUBJECT OF SUCH CLAIM. Some jurisdictions do not allow limitations of certain damages so the foregoing may not apply to you.
5. WARRANTY DISCLAIMER AND LIMITATIONS
THE FOREGOING STATES BEAMZ’S SOLE AND EXCLUSIVE WARRANTY TO YOU AND ANY THIRD PARTY CONCERNING THE PRODUCTS (INCLUDING WITHOUT LIMITATION SPARE PARTS, DOCUMENTATION, CUSTOMIZATIONS AND CONSUMABLES), AND ALL DELIVERABLE ITEMS HEREUNDER. BEAMZ MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY BEAMZ. YOU SHALL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND SHALL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER YOU NOR ANY OF ITS AGENTS OR EMPLOYEES SHALL MAKE OR PASS ON, ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION ON BEHALF OF BEAMZ TO ANY CUSTOMER OR THIRD PARTY. Some jurisdictions do not allow disclaimers of certain warranties so the foregoing may not apply to you.
This Warranty is subject to the laws of the State of Arizona as apply to contracts entered into and performed in Arizona between Arizona residents, and without regard to conflict of laws principles. Any dispute regarding this Warranty or the Products shall e subject to the sole jurisdiction of the State and Federal Courts located in Maricopa County, Arizona, and you hereby consent to the personal jurisdiction of such courts.
If you have any questions about the Products or this Warranty, you may contact Beamz by telephone at (888)-724-7380 by email (to “firstname.lastname@example.org”), or by writing to: Beamz Interactive, Inc., Attn: Customer Support, 15354 N 83rd Way, Ste 101, Scottsdale, AZ 85260.