Xbox F23-00097 Instruction Manual - Page 19

19 english warranty Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. H. ADDITIONAL CONDITIONS • The software included in the Xbox Product is licensed to you, not sold. You are licensed to use such software only in your Xbox Product and you may not reverse engineer it, except as expressly permitted by applicable law notwithstanding this limitation. • Your Xbox Product and its internal components are new pursu- ant to industry standards, unless otherwise indicated on the Xbox Product retail packaging as "Refurbished". • You agree to comply with all applicable export laws and regula- tions if you export the Xbox Product outside Australia. • This Limited Warranty applies to the original purchaser only and may not be assigned or transferred. However, some jurisdictions extend the protection of implied warranties to subsequent consum- ers and therefore this limitation may not apply to you. I. GOVERNING LAW. This Limited Warranty is valid only in Australia and is governed by and is to be construed in accordance with the laws applicable in New South Wales. I. QUESTIONS? Please call 1 800 1 48894, TTY: 1 800 1 48897 within Australia. This Limited Warranty gives you specific legal rights, and you may also have other rights under applicable law. If you acquired your Xbox Product in New Zealand, the following Manufacturer's Warranty applies to you PLEASE READ THIS MANUFACTURER'S WARRANTY CAREFULLY MANUFACTURER'S WARRANTY You may have rights as a consumer under the Consumer Guarantees Act (the "CGA"). This Warranty is in addition to those rights and does not limit those rights in any way (except to the extent permitted under the CGA). The term "Xbox Product" means the Microsoft Xbox Video Game System console, the Microsoft software stored on the hard disk and embedded in microprocessors within the Xbox console, and Xbox compatible hardware peripheral products manufactured by Microsoft, whether included with the Xbox Video Game System or purchased separately. This Warranty does not cover your data, any separate software or Xbox games whether or not packaged or included with the Xbox Product, or any Xbox accessories or peripheral devices that are not manufactured by or for Microsoft. MANUFACTURER'S WARRANTY Microsoft warrants that that the Xbox Product will (i) perform substantially in accordance with the instruction manual; and (ii) be of a standard and quality normally expected for goods of its kind. This Warranty is effective for a period of one year from the date you purchased the Xbox Product. However, if you: (i) do not use the Xbox Product in accordance with the accompa- nying documentation and use instructions; or (ii) have the Xbox Product repaired, modified or altered by other than Microsoft authorized repair centers; or (iii) use the Xbox Product with products not sold or licensed by Microsoft (for example, non-licensed game enhancement devices, adapters and power supply sources) or which are not compatible with the device; or (iv) use the Xbox Product for commercial purposes (such as rental); or (v) modify or tamper with the Xbox Product; or (vi) damage the Xbox Product by misuse, abuse, negligence or by accident; or (vii) alter, deface or remove the serial number; or (viii) remove the warranty seal on the Xbox Product, then this War- ranty is not valid. REGISTRATION. You do not need to register your acquisition of the Xbox Product for this Warranty to be effective. PERSONAL GUARANTEE. To the extent permitted under the CGA, this Warranty is made to you, the first user of the device. It is personal to you and cannot be relied upon by anybody else (except as required under the CGA). YOUR REMEDY. Your remedy for breach of this Warranty is either: (i) repair of the Xbox Product; or (ii) replacement of the Xbox Product. Microsoft may elect which remedy to provide. Microsoft will take into account the relative costs of the different remedies in proportion to the cost paid for the Xbox Product and the significance of the fault with the Xbox Product, in deciding which remedy to provide. • Any replacement parts or Xbox Product will be new or refur- bished or serviceably used, comparable in function and performance to the original part or Xbox Product and this Warranty will apply to the re- placement parts or Xbox Product for the remainder of the original War- ranty Period. • Microsoft may, at its sole option, elect to replace the hard disk contained in your Xbox Product even if this causes a loss of data. YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR ANY LOSS OF YOUR DATA. • After the Warranty Period has expired, Microsoft may charge you a fee for its efforts to diagnose and service any Xbox Product-related problems. • Microsoft will use commercially reasonable efforts to diagnose and attempt to correct, or suggest solutions for, Xbox Product defects that are covered by this Warranty. OBTAINING SERVICE UNDER THIS WARRANTY. For instructions on how to obtain repair or replacement under this Warranty you must call: 0 800 443716, TTY: 0 800 443710 within New Zealand. To benefit from this Warranty, you must also: • Submit proof of purchase in the form of a dated sales receipt, or invoice issued when the Xbox Product was purchased new (or a copy). • Follow Microsoft's instructions if it determines that all or part of your Xbox Product requires return for repair or replacement. Microsoft will arrange for shipping your Xbox Product to Microsoft or its authorized repair centers at Microsoft's expense, or instruct you where to take the Xbox Product in your area. • Delete or remove any files or data you consider private or con- fidential prior to sending the Xbox Product to Microsoft. • Return the Xbox Product in the packaging materials provided to you by Microsoft, using the labels and addresses provided in the return authorization kit. Failure to use these materials may result in delays. Failure to follow the above instructions may result in delays, cause you to incur additional charges, or may (at Microsoft's discretion) void this Warranty. EXCLUSION OF IMPLIED TERMS: To the extent permitted under the CGA, Microsoft disclaims all other warranties, conditions, liability or other terms, either express or implied (whether by statute, common law, collaterally or otherwise) with respect to the device and any accompanying product manual(s) and written materials. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND OTHER DAMAGES. To the extent permitted under the CGA, Microsoft and its suppliers shall not be liable for any damages howsoever caused arising out of or in any way related to the use of or inability to use the device, even if Microsoft or any supplier has been advised of the possibility of such damages. In any case, Microsoft's and its suppliers' entire liability under any provision of this agreement shall, to the extent permitted under the CGA, be limited to the amount actually paid by you for the device. ADDITIONAL CONDITIONS • The software included in the Xbox Product is licensed to you, not sold. You are licensed to use such software only in your Xbox Product and you may not reverse engineer it, except as expressly permitted by applicable law notwithstanding this limitation. • Your Xbox Product and its internal components are new pursu- ant to industry standards, unless otherwise indicated on the Xbox Product retail packaging as "Refurbished". • You agree to comply with all applicable export laws and regula- tions if you export the Xbox Product. QUESTIONS? Please call: 0 800 443716, TTY: 0 800 443710 within New Zealand. http://www.xbox.com