Sound Therapy International’s warranty obligations for all Sound Therapy Media players are limited to the terms set forth below:
Sound Therapy International warrants this Sound Therapy International-branded hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user. If a functional defect arises and a valid claim is received within the Warranty Period, Sound Therapy International will, at its option and to the extent permitted by law, either (1) repair the defect at no charge, restoring it to a standard that is equivalent to new in performance and reliability, (2) exchange the product with a new product that is functionally equivalent to the original.
WARRANTY EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to hardware products manufactured by or for Sound Therapy International that can be identified by the “Sound Therapy International” trademark, trade name, or logo affixed to them. The Limited Warranty becomes void if you load or attempt to load any non-Sound Therapy International software or data files. It also becomes void if you, in the process of attempting to access, view or alter the files on the device, introduce a virus or in any way cause corruption to the files on the device.
Sound Therapy International does not warrant that the operation of the product will be uninterrupted or error-free. Sound Therapy International is not responsible for damage arising from failure to follow instructions relating to the product’s use. This warranty does not apply:
(a) unless damage has occurred due to a defect in materials or workmanship;
(b) to cosmetic damage, including but not limited to scratches, dents and broken plastic parts;
(c) to damage caused by attempting to use the device for data or other files other than the original pre-loaded Sound Therapy International program;
(d) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes;
(e) to damage caused by operating the product outside the permitted or intended uses described by Sound Therapy International;
(f) to damage caused by service (including upgrades and expansions) performed by anyone other than Sound Therapy International head office;
(g) if any Sound Therapy International identification label has been removed or changed in any way;
(h) Sound Therapy products are not designed to be used continuously or in excessively dusty environments. Players that are used continuously or used in excessively dusty environments may not be repaired under warranty;
(i) A Product’s malfunction or failure results from plugging the device into a laptop or computer terminal causing interactions with or interference from other software programs;
(j) A Product’s malfunction or failure results from deliberate or accidental damage, neglect, modification, incorrect voltage, power surges or your use with non-Genuine chargers or other electrical devices being plugged into the product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SOUND THERAPY INTERNATIONAL SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SOUND THERAPY INTERNATIONAL CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY SOUND THERAPY INTERNATIONAL IN ITS SOLE DISCRETION. No Sound Therapy International reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, SOUND THERAPY INTERNATIONAL IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH SOUND THERAPY INTERNATIONAL PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOUND THERAPY INTERNATIONAL DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA.
Warranty Claim Procedure
- To make a warranty claim, please first access and review the printed and online help resources referred to in the documentation accompanying this hardware product before requesting warranty service.
- If the product is still not functioning properly after making use of these resources, please contact the Sound Therapy International representative from whom you purchased the product, or, if you purchased direct from headoffice, the Sound Therapy national enquiry line 1300 55 77 96.
- Your Consultant will help determine whether your product requires service and, if it does, will inform you how Sound Therapy International will provide it. You must assist in diagnosing issues with your product and follow Sound Therapy International’s warranty processes.
- Return the complete Product, if warranty service is required, in its original packaging (or suitable alternative), to your Consultant or head office, as arranged.
- Produce a copy of your purchase receipt, to show that this warranty applies to the Product at the date of your claim.
Service options, parts availability and response times may vary according to the country in which service is requested. Service options are subject to change at any time. You may be responsible for shipping and handling charges if the product needs to be returned. If you seek service in a country that is not the country of purchase, you will comply with all applicable export laws and regulations and be responsible for all custom duties, and other associated taxes and charges. In accordance with applicable law, Sound Therapy International may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
Your product or a replacement product will be returned to you configured with the listening program you originally purchased, subject to applicable updates.