Electronic Arts 014633191639 User Guide - Page 6

Limited Device (Peripheral) Hardware Warranty Electronic Arts and its licensors warrant to the original purchaser of any Rock Band hardware device, including a guitar, a drum, or a microphone, (the "Peripheral") that the Peripheral has been designed and manufactured according to very stringent quality standards and is covered under a warranty that the Peripheral is free from defects in materials and workmanship from date of delivery, which is the minimum warranty period legally required where you, the original purchaser reside, for products of the type as the Peripheral, but not less than 60 days. If you are a resident of a Member of the European Union the minimum warranty period applicable to this product from Electronic Arts and its licensors is two years. Under the warranty, if and as applicable to you, if the Peripheral is found to be defective and you return it to us within the warranty period that applies to you, Electronic Arts will repair or replace the defective Peripheral (or any defective component within the Peripheral), at no charge to you. Other statutory rights you may have remain unaffected. This warranty is applicable to the original purchaser for the normal intended use in accordance with the instructions provided. Any damage or defect resulting from abuse, improper use, neglect, accident, modification or misuse of the Peripheral is not covered under and shall void the terms of this warranty. For more information please contact Electronic Arts at http://rockbandservice.ea.com. If you are a resident of Australia or New Zealand, excluded from this warranty are all other terms and conditions and agreements, all conditions, warranties and terms implied by statute, general law or custom of trade or usage, except any Non-excludable Condition. Except for liability required by law or regulation in respect of any Non-excludable Condition, our liability to you for any act or omission, whether arising in contract or tort, including negligence, or otherwise in connection with the Device or our agreement is hereby disclaimed and excluded. For these purposes, "Non-excludable Condition" means any implied warranty, condition or guarantee the exclusion of which would contravene, in the case of Australian consumers, the Australian Trade Practices Act 1974 ("TPA") or, in the case of consumer in New Zealand, the New Zealand Consumer Guarantees Act 1993 ("CGA") or in either case, that would cause all or any part of any exclusion or limitation of liability or remedy to be void. For any breach of a Non-excludable Condition (other than one implied by Section 69 of the TPA in Australia), your remedies are limited, and at our option, our liability is limited to either resupplying, replacing or repairing the Device (or, at our option, paying the cost of doing any of these). Although you may have certain rights as a consumer with respect to the merchant or retail establishment where you purchased this Peripheral, these exclusions and restrictions, nor these terms and conditions, affect or change the rights you may have under the laws that apply to your purchase or transactions with such merchants or retail establishments. For service under the warranty provided by Electronic Arts and its licensors, as described above, please DO NOT return any Rock Band Peripheral (including guitars, drums, and microphones) to retail stores, even if that is where you originally purchased the Peripheral. Retailers are NOT part of our authorized Peripheral warranty support program. In the unlikely event that you encounter a problem with Rock Band or any of its Peripherals, please visit http://rockbandservice.ea.com. This website contains detailed instructions on how to take advantage of our warranty support program. You understand your rights as a consumer may vary depending on where you live and some or all of your rights may be different or may not apply to you, depending on where you reside and the local laws and regulations that apply. If you are not sure or have any questions about your rights, you should consult your own advisors to determine the laws and regulations that apply to you. Disclaimer of Other Warranties/Remedies If the Peripheral was damaged through modification, abuse, improper use, mistreatment, neglect or accident, any applicable warranty is rendered void and you will need to follow the instructions that apply for returns after the warranty period. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE AND/OR TO THE EXTENT ANY PARTICULAR WARRANTIES OR RIGHTS MAY NOT BE DISCLAIMED OR LIMITED DUE TO THE LAWS AND REGULATIONS WHERE YOU RESIDE, ELECTRONIC ARTS AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NO OTHER REPRESENTATION OR WARRANTY OF ANY NATURE OR KIND SHALL APPLY OR SHALL BE BINDING UPON OR OBLIGATE ELECTRONIC ARTS OR ITS LICENSORS. If any such warranties are incapable of being disclaimed because of the particular laws that apply to you, then such warranties applicable to this Peripheral are limited to the warranty period described above that applies to you. In no event will Electronic Arts or its licensors be liable for any special, incidental, or consequential damages resulting from possession, use or malfunction of Rock Band, any Peripheral or other product, including damage to property, and to the extent permitted by law, damages for personal injury, even if Electronic Arts or its licensors have been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. IN EACH AND EVERY SUCH JURISDICTION, ELECTRONIC ARTS' AND/OR ITS LICENSORS' LIABILITY SHALL BE LIMITED AND THE EXCLUSIONS CONSTRUED TO APPLY, TO THE FULLEST EXTENT PERMITTED BY LAW.