EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY, DIGITAL TUNING INC. MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGITAL TUNING, INC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. SOME STATES OR COUNTRIES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
This Limited Warranty applies to the Digital Tuning, Inc and PocketLOGGER branded hardware products sold by Digital Tuning, Inc, authorized resellers, or country distributors (collectively referred to in this Limited Warranty as "Digital Tuning") with this Limited Warranty.
Digital Tuning warrants that the Digital Tuning hardware product and all the internal components of the product that you have purchased are free from defects in materials or workmanship under normal use during the Limited Warranty Period. The Limited Warranty Period starts on the date of purchase from Digital Tuning or one of it's authorized distributors. Your dated sales or delivery receipt, showing the date of purchase of the product, is your proof of the purchase date. You may be required to provide proof of purchase or lease as a condition of receiving warranty service. You are entitled to warranty service according to the terms and conditions of this document if a repair to your Digital Tuning branded hardware is required within the Limited Warranty Period. This Limited Warranty extends only to the original purchaser of this Digital Tuning branded product and is not transferable to anyone who obtains ownership of the Digital Tuning branded product from the original purchaser.
During the Limited Warranty Period, Digital Tuning will repair or replace the defective component parts or the hardware product. All component parts or hardware products removed under this Limited Warranty become the property of Digital Tuning. The replacement part or product takes on either the Limited Warranty status of the removed part or product or the thirty (30) day Limited Warranty of the spare part. In the unlikely event that your Digital Tuning product has a recurring failure, Digital Tuning, at its discretion, may elect to provide you with a replacement unit of Digital Tuning's choosing. Digital Tuning reserves the right to elect, at its sole discretion, to give you a refund of your purchase price instead of a replacement. This is your exclusive remedy for defective products.
Digital Tuning does not warrant that the operation of this product will be uninterrupted or error-free. Digital Tuning is not responsible for damage that occurs as a result of your failure to follow the instructions that came with the PocketLOGGER or Digital Tuning branded product.
This Limited Warranty does not extend to any product from which the serial number has been removed or that has been damaged or rendered defective (a) as a result of accident, misuse, abuse, or other external causes; (b) by operation outside the usage parameters stated in the user documentation that shipped with the product; (c) by the use of parts not manufactured or sold by Digital Tuning; or (d) by modification or service by anyone other than Digital Tuning.
These terms and conditions constitute the complete and exclusive warranty agreement between you and Digital Tuning regarding the Digital Tuning or PocketLOGGER branded product you have purchased. These terms and conditions supersede any prior agreements or representations-including representations made in Digital Tuning sales literature or advice given to you by Digital Tuning or an agent or employee of Digital Tuning-that may have been made in connection with your purchase of the Digital Tuning branded product. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of Digital Tuning.
Limitation of Liability
IF YOUR DIGITAL TUNING OR POCKETLOGGER BRANDED HARDWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. DIGITAL TUNING'S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
DIGITAL TUNING IS NOT LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. DIGITAL TUNING IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED DIGITAL TUNING OR AN AUTHORIZED REPRESENTATIVE OF DIGITAL TUNING OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.