LIMITED PRODUCT WARRANTY ("Limited Warranty")
Flare Audio warrants the Product to be free from defects in materials and workmanship (subject to the terms set forth herein) when used normally in accordance with the official documentation for the applicable Warranty Period from the date of retail purchase. If the Product is, or contains, a rechargeable battery, Flare Audio does not provide any warranties for the battery life, as all rechargeable batteries can be expected to lose charging capacity over time and this is not considered a defect. Your actual battery life will vary depending on the conditions in which it is used.
Exclusions and Limitations
This Limited Warranty does not cover:
- damage caused by service (including upgrades and expansions) performed by anyone who is not officially acting as an employee, representative or sub-contractor of Flare Audio;
- claims arising from any unacceptable use or care of the Product, including (without limitation) misuse, abuse, negligence, unauthorized modification or repair, unauthorised commercial use or any operation of the Product outside Flare Audio's recommended parameters;
- claims arising from external causes, including (without limitation), accidents, acts of God, liquid contact, fire or earthquake;
- Products with a serial number or date stamp that has been altered, obliterated or removed;
- Products for which Flare Audio will not receive payment; or
- cosmetic damage, minor cosmetic abnormalities and normal wear and tear, including (without limitation), scratches, dents and chips.
Remedies under this Limited Warranty
If an eligible claim on the Limited Warranty is received by Flare Audio within the applicable Warranty Period, Flare Audio will (at its sole option) either: (a) repair the Product or the defective parts at no charge, using new or refurbished replacement parts; (b) provide online Flare Audio Store vouchers of a value equivalent to the retail purchase price of the Product; or (c) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product. Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Flare Audio reserves the sole right to determine whether a claim is eligible and/or whether the Product is defective. Where the Product is an "end of life" Product model, Flare Audio may (at its sole option) exchange the Product with a functionally equivalent substitute model from Flare Audio's current Product range. Flare Audio has the sole option to provide any other type of remedy in addition to or in substitution of the aforesaid remedies. Repaired or exchanged Products shall be warranted free from defects for a period of ninety (90) days after the date of repair or exchange (as the case may be), or for the remainder of the original Warranty Period, whichever is longer.
Entire Limited Warranty
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. No Flare Audio supplier, dealer, agent, or employee is authorized to alter or extend the terms of this Limited Warranty or to make any representation whatsoever. Flare Audio reserves the right to amend the terms of this Limited Warranty at any time without notice.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FLARE AUDIO BE LIABLE FOR ANY LOST DATA, LOST PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (OTHER THAN PERSONAL INJURY DAMAGES), HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE A PRODUCT, EVEN IF FLARE AUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLARE AUDIO'S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Before lodging a claim on the Limited Warranty, please review the online help resources here. If the Product is still not functioning properly after making use of these resources, please contact Flare Audio or your authorised distributor or dealer. You may be required to assist with the diagnosis process to verify and ascertain any issues which you may be facing with the Product. Service options, parts availability and response times may vary depending on the country in which the Limited Warranty claim is lodged.