Section 1. Definitions. (a) "Documentation" means the specifications,
operator's manual (other than the product warranty contained therein), invoice
and product receipt furnished to Customer at the time of sale. For the
avoidance of doubt, the Documentation does not include the limited warranty
contained in the operator's manual which may differ from this product Warranty.
If this Product Warranty conflicts with any terms and conditions of the
Documentation or your invoice, receipt or the terms and conditions located at [www.mackie.com/warranty],
this Product Warranty will prevail. (b) "IPR" means patent,
copyright, trademark, trade secret and other intellectual property rights. (c) "Product"
means your product bearing the official Mackie name. (d) "Warranty Period"
means 90 days from the original date of purchase of the Product. To
determine the Warranty Period for the Product, see your invoice, receipt or the
warranty period described herein.
Section 2. Limited Warranty and Remedies
2.1 Warranties. Loud
warrants to Customer that the Product will be free from defects in materials
and workmanship under normal use during the Warranty Period of 90 days. This
Product Warranty does not include: (a) physical installation or removal of the
Product at or from Customer's site; (b) visits to Customer's site; (c) labor
necessary to effect repairs or replace defective parts other than during normal
business hours Pacific time, exclusive of weekends and Loud / authorized
service center holidays; (d) expendable or disposable items; (e) Product
calibration; (f) any power distribution related to the Product, accessories or
other devices associated with the use of the Product within the Customer's
facility (e.g., outlets, fuse boxes and wiring); (g) Products with missing or
altered inspection seals or serial numbers; (h) normal wear and tear such as
scratches, etc; or (i) any work with any third party equipment or software.
2.2 Remedies. If the Product fails to conform to the warranty in Section 2.1, then Loud or
its authorized service representative will, at its option, either repair or
replace any such nonconforming Product, provided that Customer gives notice of
the noncompliance within the Warranty Period to Company at [www.mackie.com/support] or by calling Loud technical support at [(800) 898-3211] between normal
business hours Pacific time, excluding weekend or Loud holidays. Please retain
the original dated sales receipt as evidence of the date of purchase. You will
need it to obtain any warranty service. As part of your notice of
noncompliance include a detailed description of the manner in which the Product
does not comply (including, without limitation, the date, location and
description of the circumstances under which the noncompliance occurred or was
first noticed), the date of purchase, the model and serial number(s), information
and results of any testing done by you using the approved testing methods set
forth in the Documentation, your contact information, a request for
authorization to return the Product and such other reasonable information
requested by Loud or its authorized service representative.
2.3 Product Warranty Claim Procedure. In order to recover under this Product Warranty, you
must provide valid proof of purchase (such as an original receipt, Product
warranty registration card, on-line registration or other documentation Loud
deems acceptable) for the Product. When Loud receives any such notice, Loud
will evaluate the documentation and materials to determine whether the Product
Warranty applies and, if so, to determine the appropriate warranty service
arrangement: field repair or manufacturer repair or replacement. Loud reserves
the right, before having to provide any obligation under this Product Warranty,
to inspect the damaged or nonconforming Product. Only Loud or its authorized
service representatives may authorize any warranty services. If Loud
determines that the Product does not conform to the warranty in Section 2.1,
then you will be advised as to the warranty service arrangement (i.e., field
repair or manufacturer repair or replacement) and, in the case of manufacture repair
or replacement, you will be assigned a "Service Request Number" and
directed to send the Product to Loud or an authorized service representative at
your expense. You must (a) return the Product to Loud or the designated
authorized service center in the original or equivalent packaging, (b) prepay
shipping charges, (c) insure the shipment or accept the risk the Product is
lost or damaged in shipment, (d) provide valid proof of purchase from a Loud
authorized reseller or dealer (such as an original receipt, Product warranty
registration card, on-line registration or other documentation Loud deems
acceptable) and (e) your return address (please no P.O. boxes or route numbers).
Please write the Service Request Number in large letters on the top of the
package. If, after the expenditure of commercially reasonable efforts, Loud or
its authorized service representative is unable to correct the noncompliance, Loud
will replace your product with a comparable product that is new or refurbished.
Loud or its authorized service representative will return the repaired or
replaced Product to you. Loud will pay to ship the repaired or replaced
Product to you if you use an address in the United States (excluding Puerto
Rico and U.S possessions and territories) or Canada. Otherwise, Loud or its
authorized service representative will ship the Product to you freight
collect. Any replacement under this Product Warranty will be warranted in
accordance with this Product Warranty for ninety (90) days after the repaired
or replaced Product is received by you or the remainder of the original
Warranty Period, whichever is longer. If Loud or its authorized service
representative determines that the Product is not covered under this Product
Warranty, then Loud or its authorized service representative will notify you
and inform you of the service alternatives that are available to you on a fees
basis.
2.4 Telephone/Web Support. During the applicable Warranty Period, Loud will make available to you telephone
support between normal business hours Pacific time, exclusive of weekends and Loud
holidays, to assist you in the use of the Product. Telephone support services
can be obtained by calling [(800) 898-3211] or by visiting [www.mackie.com/support] and following the instructions on reporting a warranty issue.
2.5 Exclusions. This Product
Warranty does not apply to any problems or damage caused by or that result from:
(a) use of the Product not in accordance with the Documentation or this Product
Warranty; (b) external causes such as accident, modification, damage,
misuse, neglect, abuse, improper installation or other action of Customer or
any third party; (c) services not authorized by Loud; (d) failure to perform
preventative maintenance; or (e) use of the Product with items not
provided by or otherwise authorized in writing by Loud. Loud does not warrant
that the Product or Documentation is free from bugs, errors or deficiencies.
2.6 Disclaimer and Release. THIS
PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS
WHICH VARY FOR STATE TO STATE (OR JURISDICTION TO JURISDICTION). THE
WARRANTIES, OBLIGATIONS, AND LIABILITIES OF LOUD AND THE REMEDIES OF CUSTOMER
SET FORTH IN THIS PRODUCT WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, OBLIGATIONS, AND LIABILITIES OF LOUD AND ALL OTHER REMEDIES OF CUSTOMER,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY PRODUCT,
DOCUMENTATION OR OTHER ITEMS OR SERVICES FURNISHED BY OR ON BEHALF OF LOUD UNDER
THIS PRODUCT WARRANTY, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
(B) IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF
DEALING, OR USAGE OF TRADE; (C) CLAIM OF INFRINGEMENT OR MISAPPROPRIATION;
OR (D) CLAIM IN TORT (WHETHER BASED ON NEGLIGENCE, STRICT LIABILITY,
PRODUCT LIABILITY OR OTHER THEORY). SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY WILL NOT BE APPLICABLE TO THE EXTENT THAT ANY PROVISION OF THIS
PRODUCT WARRANTY IS PROHIBITED BY FEDERAL, STATE OR MUNICIPAL LAW.
Section 3. Limitations of Liability
3.1 Force Majeure. Loud will not be liable for, or be considered to be in breach
of or default under this Product Warranty on account of, any delay or failure
to perform as required by this Product Warranty as a result of any cause or
condition beyond its reasonable control (including, without limitation, any act
or failure to act by the other party).
3.2 No Consequential Damages. IN NO EVENT WILL LOUD OR ITS AUTHORIZED RESELLER,
DEALERS OR SERVICE REPRESENTATIVES HAVE ANY LIABILITY FOR ANY INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES OR FOR ANY LOSS OF PROFIT, REVENUE, DATA,
BUSINESS OR USE IN CONNECTION WITH OR ARISING OUT OF CUSTOMERS USE OF THE PRODUCT,
DOCUMENTATION OR ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THE PRODUCT
WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU.
3.3 Limitation of Liability. LOUD'S AGGREGATE LIABILITY WITH REGARD TO THE PRODUCT,
DOCUMENTATION OR ANY OTHER ITEMS OR SERVICES FURNISHED UNDER THIS PRODUCT WARRANTY
WILL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT.
Section 4. Miscellaneous
4.1 Ownership. The Product and Documentation involve valuable IPR of Loud or its
licensors. No title to or ownership of any IPR in or to the Product or
Documentation is transferred to Customer under the Agreement. Customer will
not attempt to reverse engineer any Product or component thereof or to
otherwise misappropriate, circumvent or violate any of Loud's IPR. Without
limiting the generality of the foregoing, Loud reserves all of its right, title
and interest (including, without limitation, any and all IPR) in and to the Product
and the Documentation.
4.2 Assignment. Customer shall not assign any of its rights under this Product Warranty
directly, by operation of law or otherwise, without the prior written consent
of Loud. Subject to the foregoing restriction on assignment by Customer, this Product
Warranty shall be fully binding upon, inure to the benefit of, and be
enforceable by the parties and their respective successors and assigns.
4.3 Applicable Law and Venue. This Product Warranty will be interpreted, construed
and enforced in all respects in accordance with the laws of the State of
Washington, without reference to its choice of law principles to the contrary.
The U.N. Convention on Contracts for the International Sale of Goods will not
apply to this Product Warranty. Each party hereby consents to the jurisdiction
of the state and federal courts located in King County, State of Washington,
U.S.A. with respect to any claim arising under or by reason of these Standard
Terms.
4.4 Entire Agreement. The Product Warranty, together with the Documentation
and your invoice, receipt or the terms and conditions located at [www.mackie.com/warranty],
constitutes the entire agreement, and supersedes any and all prior agreements,
between Loud and Customer related to the subject matter hereof. No amendment,
modification or waiver of any of the provisions of this Product Warranty will be
valid unless set forth in a written instrument signed by the party to be bound
thereby. If this Product Warranty conflicts with any terms and conditions of
the Documentation or your invoice, receipt or the terms and conditions located
at [www.mackie.com/warranty], this Product Warranty will prevail.
