12. Warranty and Disclosures

Wildlife Acoustics, Inc. (“WAI”) warrants to the original end user (“Customer”) that new WAI branded products will be free from defects in workmanship and materials, under normal use. Refer to the Hardware Limited Warranty table at the top of this page for the applicable warranty period from the original date of purchase.

WAI warrants refurbished WAI products, marked and sold as such, for ninety (90) days from the original purchase date.

WAI warrants to Customer that any WAI branded software will perform in substantial conformance to their schedule specifications for a period of ninety (90) days from the date of original purchase. WAI warrants the media containing software against failure during the warranty period. WAI makes no warranty or representation that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.

This warranty excludes (1) physical damage to the surface of the product, including cracks or scratches on the outside casing; (2) damage caused by misuse, neglect, improper installation or testing, unauthorized attempts to open, repair, or modify the product, or any other cause beyond the range of the intended use; (3) damage caused by accident, fire, power changes, other hazards, or acts of God; or (4) use of the product with any non-WAI device or service if such device or service causes the problem.

Any third party products, including software, included with WAI products are not covered by this WAI warranty and WAI makes no representations or warranties on behalf of such third parties. Any warranty on such products is from the supplier or licensor of the product.

No warranty is provided by WAI unless the product was purchased from an authorized distributor or authorized reseller.

Should a covered defect occur during the warranty period and you notify WAI, your sole and exclusive remedy shall be, at sole option and expense of WAI, to repair or replace the product or software. If WAI cannot reasonably repair nor replace then WAI may, in its sole discretion, refund the purchase price paid for the product. Replacement products or parts may be new or reconditioned or comparable versions of the defective item. WAI warrants any replaced or repaired product, part, or software for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer.

Customer should refer to the WAI website at wildlifeacoustics.com/support for information on obtaining warranty service authorization. Methods for obtaining warranty service may vary depending on whether purchases were made from an authorized provider of WAI products or from WAI directly. All requests for warranty service authorization must be made within the applicable warranty period. Dated proof of original purchase will be required. Products or parts shipped by Customer to WAI must be sent postage-paid and packaged appropriately for safe shipment. WAI is not responsible for Customer products received without a warranty service authorization and may be rejected. Repaired or replacement products will be shipped to Customer at WAI expense. All products or parts that are replaced become the property of WAI. WAI shall not be responsible for Customer software, firmware, information, or memory data contained in, stored on, or integrated with any products returned to WAI for repair, whether under warranty or not. The repair and replacement process for products or parts in locations outside of the United States will vary depending on Customer’s location.

THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, CORRESPONDENCE WITH DESCRIPTION, SATISFACTORY QUALITY AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY WAI AND ITS SUPPLIERS.

NEITHER WAI NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, LOSS OF INFORMATION OR DATA, LOSS OF REVENUE, LOSS OF BUSINESS OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR ANY OTHER THEORY, EVEN IF WAI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LICENSE AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WAI’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID, AT WAI’S OPTION. IN NO EVENT SHALL WAI’S LIABILITY FOR ALL DAMAGES RELATED TO THE PURCHASE OF PRODUCT EXCEED THE AMOUNT PAID FOR THE APPLICABLE PRODUCT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.

This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts, and by the laws of the United States, excluding their conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this Limited Warranty.