What is covered and for how long?

 

The warranty period commences upon the date of purchase by the first consumer purchaser and continuing for the following specified period of time after that date:

 

Device (including original pre-installed software) – 1 Year

Battery(ies)* – 1 Year

Other Accessories* – 90 Days

Phone and web-based complimentary support – 90 Days

 

*If applicable.

 

What is not covered?

 

This Limited Warranty is conditioned upon proper use of the Product.

 

This Limited Warranty does not cover: (a) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (b) scratches, dents and cosmetic damage, unless caused by Sonavation; (c) defects or damage resulting from tampering with the Product, including, attempting to open the Product; (d) equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible; (e) ordinary wear and tear; (f) defects or damage resulting from the use of Product in conjunction or connection with accessories, products, or ancillary/peripheral equipment not furnished or approved by Sonavation; (g) defects or damage resulting from improper testing, operation, maintenance, installation, service, or adjustment not furnished or approved by Sonavation; (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source; or (i) defects or damage resulting from viruses or other software problems introduced into the Product. This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks, and this Limited Warranty does not cover any battery if (i) any of the seals on the battery are broken or show evidence of tampering.

 

What are Sonavation’s obligations?

 

During the applicable warranty period, provided the Product is returned in accordance with the terms of this Limited Warranty, Sonavation will replace the Product or accessory, . Sonavation may, at Sonavation’s sole option, replace the Product with a rebuilt, reconditioned or new Product.

 

All replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety (90) days, whichever is longer. Replaced accessories will be warranted for the remainder of the original Limited Warranty or thirty (30) days, whichever is longer. All replaced Products, parts, components, boards and equipment shall become the property of Sonavation. Except to any extent expressly allowed by applicable law, transfer or assignment of this Limited Warranty is prohibited.

 

What must you do to obtain warranty service?

 

To obtain the complimentary phone or web based support hereunder under this Limited Warranty, please contact us during our normal business hours (currently 9am Eastern to 5pm Eastern, Monday through Friday).

 

To obtain service under this Limited Warranty, you must return the Product to Sonavation or an authorized Product service facility in its original packaging, or an adequate container for shipping, accompanied by the sales receipt or comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller’s name and address.

 

To obtain assistance on where to deliver the Product, please follow the instructions on our website.  If Sonavation determines that any Product is not covered by this Limited Warranty, you must pay all parts, shipping, and labor charges for the replacement or return of such Product.

 

You should keep a separate backup copy of any contents of the Product before delivering the Product to Sonavation for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service.

 

What are the limits on Sonavation’s liability?

 

THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF SONAVATION’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL SONAVATION BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

 

Warranty Information

 

SONAVATION MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY SONAVATION OR OTHERWISE.  RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

 

Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products.  No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Sonavation regarding the Products or this Limited Warranty.

 

This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

 

What is the procedure for resolving disputes?

 

ALL DISPUTES WITH SONAVATION ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY, except that you may assert claims in small claims court if your claims qualify.

 

Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, unless the AAA refuses to do so in which event JAMS or another arbitrator mutually agreed upon by the parties shall be the arbitrator. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Florida, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty.  Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

 

This arbitration provision also applies to claims against Sonavation’s employees, representatives and affiliates if any such claim arises from the Product’s sale, condition or performance.

 

Severability

 

If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.