WARRANTY
SwimManTM, Inc. warrants
this product against defects in materials and workmanship to the
original purchaser only as specified below,.
1. PARTS - If the product is determined
to have a manufacturing defect, within a period of one (1) year
from date of original purchase, SwimManTM will repair
or replace the product parts at no charge to you, excluding earbuds.
For the first ninety (90) days of original purchase, the labor
charge of repairing or replacing parts will be at no charge to
you. After ninety (90) days of original purchase, the labor charge
for servicing your product will be at your expense.
2. EARBUDS - The earbuds are warranted
for any manufacturing defect, within a period of the first ninety
(90) days of original purchase.
3. LABOR - Additionally, within
a period of ninety (90) days from date of original purchase, SwimManTM,
at its own discretion, will service your product by repair or
replacement at no charge to you. After ninety (90) days, all labor
charges will be at your expense.
To obtain warranty service by
an authorized SwimManTM service center, you must drop
off or mail the product to the authorized SwimManTM
service center in its original product packaging materials or
equivalent, to prevent damage when in transit.
Further, should SwimManTM
determine that the product is outside of the warranty term, SwimManTM
will return the product to the sender at sender's expense, without
being repaired or replaced, unless authorized by you to service
the out-of-warranty product at your expense. All handling, duty
or restocking charges for returns and/or replacements shall be
non-refundable and are the responsibility of the customer.
Normal "wear and tear"
is not covered by this warranty. Further, SwimManTM
hereby reserves the right to determine "wear and tear"
on any and all products. Tampering or opening the product casing
or wiring, will immediately void this warranty in its entirety.
Also this warranty does not apply
if the product has been damaged by accident, abuse, misuse or
misapplication; If any portion of the product, including the headset
and earbuds have been altered or modified without the written
permission of SwimManTM, has been service by a non-authorized
service repair center of SwimManTM, has not been properly
maintained or operated to the instruction manual; has been used
for commercial, non-household purposes; cosmetically damaged;
was not imported by SwimManTM; was not manufactured
according to specifications of the United States market; improper
installation or neglect; damage due to improper packaging and
shipment; damage due to natural disasters; or for cosmetic damages.
ALL IMPLIED WARRANTIES, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE LIMITED IN DURATION TO ONE (1) YEAR PARTS AND NINETY
(90) DAYS LABOR FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE
OF THIS PRODUCT.
THESE WARRANTIES AND REMEDIES
ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES IN CONNECTION
WITH THE SALE AND USE OF THE PRODUCT. NO OTHER WARRANTIES, ORAL
OR WRITTEN, EXPRESSED OR IMPLIED, ARE GIVEN.
SwimManTM IS NOT RESPONSIBLE
OR LIABLE FOR ANY DAMAGE, WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL,
DIRECT OR OTHERWISE, AND WHETHER KNOWN OR SHOULD HAVE BEEN KNOWN
TO SwimManTM, INCLUDING LOST PROFITS, GOODWILL, AND
PROPERTY AND PERSONAL INJURY RESULTING FROM ANY BREACH OF WARRANTY,
THE INABILITY TO USE THE PRODUCT OR UNDER ANY LEGAL THEORY IN
CONTRACT OR TORT. SwimManTM SHALL NOT BE RESPONSIBLE
OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE TO OR LOSS
OF USE TO ANY AUDIO DEVICE FROM USE OF THIS PRODUCT WITH SUCH
DEVICES (SOME SwimManTM LIABILITY IS LIMITED TO THE
ACTUAL PURCHASE PRICE PAID TO THE ORIGINAL PURCHASER OR RESELLER
OF THE DEFECTIVE PRODUCT.
No SwimManTM dealer,
agent or employee is authorized to make any modification, extension,
change or amendment to this warranty without the written consent
and authorization from SwimManTM.
Some states do not allow the exclusion
or limitation of implied warranties or liability for incidental
or consequential damages, or do not allow a limitation on how
long an implied warranty lasts, so the above limitations or exclusions
may not apply to you. This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state.
Proof of purchase in the form
of a bill of sale or receipt is required as evidence that the
product is within the warranty period and must be presented to
obtain warranty service.
TO RETURN SwimManTM
WATERPROOF MP3 PLAYER FOR REPAIR SERVICE, YOU MUST FIRST CONTACT
US BY EMAIL AT support@swimman.com
TO RECEIVE A LETTER OF AUTHORIZATION AND RETURN ADDRESS FROM US.
After authorization from us, return the headset, with the copy
of your invoice or receipt, full insured (for your protection)
and packed well in original packaging, if possible. All shipping,
duty, handling and/or restocking charges for returns and/or replacements
shall be non-refundable and are the responsibility of the customer.
Your headset will be returned to you by UPS Ground or by regular
U.S. Mail.
This product and all information
contained in these instructions are subject to change without
notice. Check our website, www.swimman.com, frequently for updates.
SwimManTM Waterproof Headphones protected by patents
4683587, 6961434, and other patents pending.
All Rights Reserved 11/21/2006
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