For Song Scope: All puchases of Song Scope are non-refundable. The demo software is available via download or via CD, free of charge. You can download the software and try it out for free for 15 days. Extensions may be available, if needed, upon written request. Once you have decided to make a purchase and the activation code is delivered, your purchase is final and all fees are nonrefundable.
For hardware and accessories: If you are not totally satisfied, you can return it to us in original condition for a full refund (less shipping charges and, if returning items purchased in quantities greater than one, a 20% restocking fee) within thirty days after you received the product(s). Please insure the shipment for the value of the product. Call us toll-free at 888-733-0200 for return authorization and instructions.
If you need to cancel your order, please contact us immediately by phone or email. You can cancel your order if you contact us before your order ships at no charge. Once your order has shipped, you must follow our return policy described above.
HARDWARE: 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, for one (1) year from the original purchase date. WAI warrants refurbished WAI products, marked and sold as such, for ninety (90) days from the original purchase date.
SOFTWARE: WAI warrants to Customer that any WAI branded software will perform in substantial conformance to their program 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.
EXCLUSIONS
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.
EXCLUSIVE REMEDIES
Should a covered defect occur during the warranty period and
you notify WAI, your sole and exclusive remedy shall be, at
WAI's sole option and expense, 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.
OBTAINING WARRANTY SERVICE: Customer should refer to WAI's website at www.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's expense. All products or parts that are replaced become the property of WAI. WAI shall not be responsible for Customer's 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.
WARRANTIES EXCLUSIVE: 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, SATIS- FACTORY QUALITY AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY WAI AND ITS SUPPLIERS.
LIMITATION OF LIABILITY: 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 LICENCE 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.
DISCLAIMER: 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.
GOVERNING LAW: This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A., 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.
Wildlife Acoustics, Inc.
P.O. Box 680
Concord, MA 01742-0680
United States of America
www.wildlifeacoustics.com
October 28, 2004