This warranty supersedes any other warranty, printed, online, or otherwise, which may exist on or in the Product packaging. Creative Technology Ltd. ("Creative") warrants that the reconditioned/refurbished product herein ("Product") is free of material defects in materials and workmanship that result in Product failure during normal usage, according to the following terms and conditions:
1. The limited warranty extends only to the original end-user purchaser and holder of this warranty ("You" or "Your") and is not transferable or assignable to any subsequent purchaser.
2. You must provide proof of purchase of the Product by a dated itemized receipt to be eligible for this limited warranty.
3. The limited warranty is ONLY applicable in the country or territory where the Product was purchased.
4. During the Warranty Period (as provided below), Creative will replace the Product with another reconditioned/refurbished product if such replacement is needed.
a. The limited warranty for the Product extends for NINETY (90) days from the date of your purchase ("Warranty Period"). The warranty period will be extended by each whole day that the Product is out of Your possession for replacement under this warranty.
b. Creative also warrants that the replacement reconditioned/refurbished product will be free from defects in material and workmanship for a period of THIRTY (30) days from the date of replacement, or for the remainder of the Warranty Period, whichever is greater.
5. Creative does not warrant uninterrupted or error-free operation of the Product nor its replacement. Creative is not under any obligation to support the Product for all operating environments, including but not limited to, interoperability with all current and/or future versions of software or hardware.
6. For Products that are capable of storing data: Creative is not responsible or liable for any data stored on the Product that is lost, deleted, or is otherwise inaccessible. You should remove or make a backup copy of any data stored on the Product prior to shipping the Product to Creative.
7. If a problem develops during the Warranty Period, please refer to www.creative.com/support for step-by-step procedures for returning the Product for warranty service.
a. You will bear the cost of shipping (or otherwise transporting) the Product to Creative. Creative will bear the cost of shipping (or otherwise transporting) the replacement reconditioned/refurbished product back to You after completing the warranty service.
b. Before you send the Product to Creative, You must be issued a Return Merchandise Authorization (“RMA”) number by Creative. Clearly write the RMA number on the outside of the package containing the Product that is being sent to Creative. Creative will not accept a return that does not have an RMA number on the outer packaging.
c. You can only return the defective Product, which is not excluded by Clause 8 hereof. Creative is not responsible for other products or accessories returned with the defective item.
8. The limited warranty does not apply to:
a. Damage caused by normal wear and tear, abnormal use or conditions, misuse, neglect, abuse, accident, improper handling or storage, exposure to moisture, unauthorized modifications, alterations, or repairs, improper installation, improper use of any electrical source, undue physical or electrical stress, operator error, non-compliance with instructions or other acts which are not the fault of Creative, including damage or loss during shipment.
b. Damage from external causes such as floods, storms, fires, sand, dirt, earthquakes, an Act of God, exposure to sunlight, weather, moisture, heat, or corrosive environments, electrical surges, battery leakage, theft, or damage caused by the connection to other products not recommended for interconnection by Creative.
c. Damage or loss of data due to (i) interoperability with versions of operating systems or other software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction or defect of the Product.
d. Counterfeit products or any accompanying products not bearing a Creative serial number provided with the Product, or in the case of communications products, the use of the Product outside the borders of the country intended for use (as indicated by local telecommunication approval stickers).
e. Any Product that has had its serial number altered, defaced or removed.
f. Any defect occurring after the expiration of the Warranty Period or where Creative was not advised in writing of an alleged defect or malfunction within seven (7) days after the expiration of the Warranty Period.
9. Creative's limit of liability under the limited warranty is the purchase price You paid for the Product, regardless of the form of the claim. Creative will not be liable for any other losses or damages. These remedies are Your exclusive remedies for breach of warranty. Any action or lawsuit for breach of warranty must be commenced within eighteen (18) months following the purchase of the Product.
10.THE FOREGOING LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CREATIVE 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.
11.CREATIVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, SAVINGS, 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 CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.This warranty gives You specific legal rights. You may also have other rights, which vary from state to state and country to country. Some states and countries do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You.
13.This is the entire warranty between You and Creative and supercedes all prior and contemporaneous agreements or understandings, oral or written, relating to the Product, and no representation, promise or condition not contained herein will modify these terms.
Version 1.0 July 2007
