ELEMENT SOUND BAR LIMITED WARRANTY TO ORIGINAL CONSUMER
Element Sound Bar–All Models (the “Product”)
This Product (including any accessories included in the original packaging) as supplied and distributed in new condition, is warranted by Element TV Company, LP("Element") to the original purchaser against defects in material and workmanship (“Warranty”) as follows:
1. WARRANTY SERVICE (Parts, Labor-and/or Replacement):
For a period of one (1) year from the date of the original customer purchase("the Warranty Period"),if this Product or any of its parts are determined by Element or an Element authorized customer service provider to be defective in material or workmanship, Element will, at its sole discretion and option:(i) supply, at no charge to the original customer, new or rebuilt replacement parts in exchange for defective parts, (ii) repair the Product and pay the labor charges of such Element authorized service provider for same, at no charge to the original customer, (iii) replace the Product with a new or refurbished product of similar or better quality, at no charge to the original customer, or (iv) refund the original purchase price of the Product (excluding tax) to the original customer. After the Warranty Period, the customer must pay for all parts,labor and replacement costs associated with the Product, regardless of any defects in the Product.
A. SHIPPING COSTS: Notwithstanding the foregoing, the customer is responsible for any shipping or transportation charges incurred to ship or otherwise deliver the Product or part(s) to Element or an Element authorized service provider for diagnosis, repair or replacement. The customer shall not return the Product to Element without Element’s prior written consent. Element recommends that the customer insure the Product for its full replacement cost when shipping.
B. TIMING AND PROCEDURE: Before Warranty service can commence, the original customer purchaser must contact Element for problem determination and service procedures.Proof of purchase in the form of a bill of sale or receipted invoice, evidencing that the Product is within the Warranty Period, MUST be presented to an Element authorized customer service provider in order to obtain the requested service.Please call the Toll Free Customer Service Line at (888) 842-3577to obtain Warranty Service and Troubleshooting information. Please have your model and serial number available, along with your date of purchase of the Product. You can also visit us online at: www.elementelectronics.com.
2. EXCLUSIONS AND LIMITATIONS TO WARRANTY SERVICE
This Warranty covers manufacturing defects in materials and workmanship encountered in the normal,non-commercial use of the Product, and does not cover (a) damage or failure caused by or attributable to Product abuse or misuse, failure to follow instructions, improper installation or maintenance, alteration, accident, or excess voltage or current; (b) improper or incorrectly performed repairs by non-authorized service facilities; (c) onsite customer instruction or adjustments; (d) transportation, shipping, delivery, insurance, installation or set-up costs; (e) costs of product removal, transportation or re-installation costs; (f) ordinary wear and tear, cosmetic damage or damage due to acts of nature, including but not limited to water, floods, wind, tornado, earthquake or fire, or due to damage caused by automobile accidents or extraordinary impact events, such as dropping or crushing; (g)commercial use of the Product; (h) modification of the Product or to any part of the Product.
This Warranty applies to the original consumer only and does not cover Products sold AS IS or WITH ALL FAULTS, or consumables (e.g., fuses, batteries, etc.). The Warranty is invalid if the factory-applied serial number has been altered or removed from the Product. This Warranty is valid only in the United States and Canada, and only applies to products purchased and serviced in the United States and Canada. All replaced parts and Products, and Products on which a refund is made, become the property of Element.The addition of equipment or features to the Product that are not manufactured or recommended by Element could affect the intended function of the Product, and therefore may void the Warranty.The Warranty is contingent upon the proper use, maintenance and care of the Product. The Warranty may be void if the Product has been used in a manner contradictory to or in violation of the terms of the user's manual, warnings or instructions accompanying the Product.
This Warranty is made in lieu of and supersedes all other warranties or conditions of merchantability or fitness for a particular purpose or general use, whether express, implied, collateral, statutory, or provided by common law, the Uniform Commercial Code or otherwise.Element further disclaims all warranties after the end of the Warranty Period defined above. No other express warranty or guaranty given by any other person, firm or entity with respect to the Product shall be binding on Element. Repair, replacement, or refund of the original purchase price, at Element's sole discretion, are the exclusive remedies of the customer. Element shall not be liable for any incidental or consequential damages caused by the use, misuse or inability to use the Product. These include but are not limited to any damages in the form of lost profits, loss of use, legal fees, economic loss, personal injuries, or any other damages caused by circumstances beyond the control of Element. Not with standing the foregoing, the customer's recovery shall not exceed the purchase price of the Product. This Warranty shall not extend to anyone other than the original customer who purchased the Product, and is not transferable.No person is authorized to alter, extend or waive the Warranty of Element.
Some states do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on warranties, so the above limitations or exclusions may not apply to you. This Warranty gives you specific rights, and you may have other rights, which vary from state to state.The exclusions and limitations to the Warranty apply to the maximum extent permitted by law and unless restricted or prohibited by law. Where any term of this Warranty is prohibited by applicable law, it shall be null and void, but the remainder of this Warranty shall remain in effect.
PLEASE DIRECT ALL CORRESPONDENCE TO:
Element TV Company, LP Customer Service
PLEASE CONTACT CUSTOMER SERVICE TO CONFIRM ADDRESSES AND PROCEDURES FOR WARRANTY SERVICE.