Turtle Beach Ear Force PX5 User Manual - Page 34

Damages, Including But Not Limited To Any Lost Profits, Data, Or Loss Of Use, Any Third Party Claims

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Limited Warranty for Turtle Beach Products THIS LIMITED WARRANTY IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VTB HEREBY DISCLAIMS THE APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH A DISCLAIMER IS PROHIBITED BY APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY. IN NO EVENT SHALL VTB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF THIS PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY, EVEN IF VTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This warranty supersedes all prior agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein will modify these terms. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives you specific legal rights. You may also have other rights, which vary from state to state. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following the purchase of the Product. EXCLUSIONS FROM LIMITED WARRANTY: This Limited Warranty shall not apply and VTB has no liability under this Limited Warranty if the Turtle Beach Product: • is used for commercial purposes such as "LAN Centers" (including rental or lease); • is modified or tampered with; • is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication, or other causes unrelated to defective materials or workmanship; • serial number is defaced, altered or removed; • is not used in accordance with the documentation and use instructions; or • is repaired, modified or altered by other than authorized repair centers. • product is no longer available because it was discarded. 31

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31
Limited Warranty for Turtle Beach Products
THIS LIMITED WARRANTY IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VTB HEREBY DISCLAIMS THE APPLICABILITY OF ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH A DISCLAIMER IS
PROHIBITED BY APPLICABLE LAW, THE IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE FOREGOING LIMITED WRITTEN
WARRANTY.
IN NO EVENT SHALL VTB BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR
DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY
INJURY TO PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM OR RELATING TO THE USE OF THIS
PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR STRICT LIABILITY, EVEN
IF VTB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This warranty supersedes all prior agreements or understandings, oral or written, relating to the Product, and no representation,
promise or condition not contained herein will modify these terms. Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives you specific legal rights. You
may also have other rights, which vary from state to state. Any action or lawsuit for breach of warranty must be commenced within
eighteen (18) months following the purchase of the Product.
EXCLUSIONS FROM LIMITED WARRANTY:
This Limited Warranty shall not apply and VTB has no liability under this Limited Warranty if the Turtle Beach Product:
• is used for commercial purposes such as "LAN Centers" (including rental or lease);
• is modified or tampered with;
• is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear,
mishandling, misapplication, or other causes unrelated to defective materials or workmanship;
• serial number is defaced, altered or removed;
• is not used in accordance with the documentation and use instructions; or
• is repaired, modified or altered by other than authorized repair centers.
• product is no longer available because it was discarded.