LIMITED PRODUCT WARRANTY ("Limited Warranty")


Limited Warranty


Flare Audio warrants the Product to be free from defects in materials and workmanship (subject to the terms set forth herein) when used normally in accordance with the official documentation for the applicable Warranty Period from the date of retail purchase. If the Product is, or contains, a rechargeable battery, Flare Audio does not provide any warranties for the battery life, as all rechargeable batteries can be expected to lose charging capacity over time and this is not considered a defect. Your actual battery life will vary depending on the conditions in which it is used.


Exclusions and Limitations


This Limited Warranty does not cover:


  • damage caused by service (including upgrades and expansions) performed by anyone who is not officially acting as an employee, representative, or subcontractor of Flare Audio;
  • claims arising from any unacceptable use or care of the Product, including (without limitation) misuse, abuse, negligence, unauthorized modification or repair, unauthorized commercial use or any operation of the Product outside Flare Audio's recommended parameters;
  • claims arising from external causes, including (without limitation), accidents, acts of God, liquid contact, fire, or earthquake;
  • Products with a serial number or date stamp that has been altered, obliterated or removed;
  • Products for which Flare Audio will not receive payment; or
  • cosmetic damage, minor cosmetic abnormalities, and normal wear and tear, including (without limitation), scratches, dents, and chips.


Remedies under this Limited Warranty


If an eligible claim on the Limited Warranty is received by Flare Audio within the applicable Warranty Period, Flare Audio will (at its sole option) either:


  • (a) repair the Product or the defective parts at no charge, using new or refurbished replacement parts;
  • (b) provide online Flare Audio Store vouchers of a value equivalent to the retail purchase price of the Product; or
  • (c) exchange the Product with a Product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product.

Goods presented for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods. Flare Audio reserves the sole right to determine whether a claim is eligible and/or whether the Product is defective. Where the Product is an "end of life" Product model, Flare Audio may (at its sole option) exchange the Product with a functionally equivalent substitute model from Flare Audio's current Product range. Flare Audio has the sole option to provide any other type of remedy in addition to or in substitution of the aforesaid remedies. Repaired or exchanged Products shall be warranted free from defects for a period of ninety (90) days after the date of repair or exchange (as the case may be), or for the remainder of the original Warranty Period, whichever is longer.


Entire Limited Warranty


ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. No Flare Audio supplier, dealer, agent, or employee is authorized to alter or extend the terms of this Limited Warranty or to make any representation whatsoever. Flare Audio reserves the right to amend the terms of this Limited Warranty at any time without notice.


Limitation of Liability


Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction. In no event shall Flare Audio's total liability to you for all damages exceed the amount paid by you for the Product.


This Limited Warranty and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Limited Warranty or its subject matter or formation.


Entire Agreement


This Limited Warranty and the Terms of Sale constitute the entire agreement between you and Flare Audio with respect to the Product and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Flare Audio with respect to the Product.


Severability


If any provision of this Limited Warranty is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced to the fullest extent under the law.


No Waiver


The failure of Flare Audio to enforce any right or provision of this Limited Warranty shall not be deemed a waiver of such right or provision.


Modification of Limited Warranty


Flare Audio reserves the right to modify this Limited Warranty at any time, in its sole discretion, by posting a new version on its website or by otherwise notifying you in writing. Your continued use of the Product following the posting of a new version of this Limited Warranty constitutes your acceptance of any such changes.


Contact Information


If you have any questions about this Limited Warranty, please contact Flare Audio at info@flareaudio.com or at the address listed on the Flare Audio website.