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Think
HeadTrip & Headtrip2 Warranty
ThinkCP™ Technologies warrants the HeadTrip and Headtrip2
to be free of material defects in materials and workmanship that
result in Product failure during normal usage, pursuant to the terms
and conditions as stated herein:
1. All sales are final. Under no conditions will ThinkCP™
Technologies be liable for any losses or damages beyond the original
cost of the HeadTrip or Headtrip2. The remedies defined herein are
Your exclusive remedies for breach of warranty.
2. The limited product warranty is for 90 days, commencing on the
original purchase date. The warranty is only for product purchased
as new from ThinkCP™ Technologies or an authorized ThinkCP™
reseller. “Used” product is not covered under this limited
warranty, nor is the warranty transferable or assignable to any
subsequent purchaser. The warranty only extends to the original
end-user purchaser and holder of this warranty
3.
During the 90 Day Warranty Period (subject to the terms herein),
ThinkCP™ Technologies will repair or replace, at its sole
discretion, any Headtrip or Headtrip2 MP3 player that is non-functional
as a result of defects in the original manufacture or workmanship
thereof. ThinkCP™ Technologies reserves the right to refuse
repair or replacement under the terms of this warranty for any product
which has been damaged or otherwise “worn” as a result
of neglect or usage, not withstanding any other conditions as stated
herein.
4. The HeadTrip and HeadTrip2 are manufactured and operate using
internal rechargeable batteries. As with any and all rechargeable
batteries, over time and repetitive charging, rechargeable batteries
will eventually begin to lose their original strength. Unless your
product's rechargeable battery is defective within the warranty
period, ThinkCP™ Technologies reserves the right to refuse
replacement or repair of the product's rechargeable battery.
5. ThinkCP™ does not warrant uninterrupted or error-free operation
of the Product and is not bound by any obligation to support the
Product for all operating environments, including but not limited
to, interoperability with all current and/or future versions of
software or hardware.
6. ThinkCP™ Technologies is not responsible or liable for
any data stored on any product that is lost, deleted, or is otherwise
inaccessible. The data, rights to the data and retention or other
maintenance of the data is the sole and absolute responsibility
of the product owner. All data will be deleted from the Product
during repairs. You should remove or make a backup copy of any data
stored on the Product prior to returning the product to ThinkCP™
Technologies.
7. This limited warranty does not apply to:
a) Damage caused by normal wear and tear, abnormal use or conditions,
misuse, neglect, abuse, accident, improper handling or storage,
exposure to moisture, unauthorized modifications, alterations, or
repairs, improper installation, improper use of any electrical source,
undue physical or electrical stress, operator error, non-compliance
with instructions or other acts which are not the fault of ThinkCP™
Technologies, including damage or loss during shipment.
b) Damage from external causes such as floods, storms, fires, sand,
dirt, earthquakes, an “Act of God”, exposure to sunlight,
weather, moisture, heat, or corrosive environments, electrical surges,
battery leakage, theft, or damage caused by the connection to other
products not recommended for interconnection by ThinkCP™ Technologies.
c) Damage or loss of data due to any cause, including, but not limited
to; (i) interoperability with current and/or future versions of
operating systems or other current and/or future software and hardware,
(ii) a computer virus, worm, Trojan horse or memory content corruption,
or (iii) malfunction or defect of the Product. UNDER NO CONDITIONS
WILL THINKCP™ TECHNOLOGIES, ITS PARENT COMPANY(-IES), SUBSIDIARIES,
AFFILIATES AND ANY AGENTS ACTING AS RESELLER OR OTHERWISE FACILITATING
THE RESALE OR DISTRIBUTION OF THE PRODUCT, WHETHER ACTING INDEPENDENTLY
OR ON BEHALF OF THINKCP™ TECHNOLOGIES, BE HELD RESPONSIBLE
OR LIABLE FOR ANY OF THE DATA STORED OR USED ON THE PRODUCT, INCLUDING
ANY APPLICABLE RIGHTS OF ALL SUCH DATA.
d) Any defect occurring after the expiration of the Warranty Period
or where ThinkCP™ Technologies was not advised in writing
of an alleged defect or malfunction within seven
(7) days after the expiration of the Warranty Period.
8. THE FOREGOING LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEMDY
AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, THINKCP™ TECHNOLOGIES
HEREBY DISCLAIMS THE APPLICABILITY OF ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE FOR THE PRODUCT. IF SUCH
A DISCLAIMER IS PROHIBITED BY APPLICABLE LAW, THE IMPLIED WARRANTY
IS LIMITED TO THE DURATION OF THE LIMITED WRITTEN WARRANTY AS DEFINED
HEREIN.
9. THINKCP™ TECHNOLOGIES, ITS PARENT COMPANY(-IES), SUBSIDIARIES,
AFFILIATES AND ANY AGENTS ACTING AS RESELLER OR OTHERWISE FACILITATING
THE RESALE OR DISTRIBUTION OF THE PRODUCT, WHETHER INDEPENDENTLY
OR ON BEHALF OF THINKCP™ TECHNOLOGIES WILL NOT BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
OR DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, SAVINGS,
DATA, OR LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO
PROPERTY OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING
FROM OR RELATING TO THE USE OF THIS PRODUCT OR ARISING FROM BREACH
OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR STRICT
LIABILITY, EVEN IF THINKCP™ TECHNOLOGIES HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
10. This warranty grants You specific legal rights. You may also
have other rights, which vary from state to state and country to
country. Some states and countries do not allow limitations on how
long an implied warranty lasts, or the exclusion or limitation of
incidental or consequential damages, so the above limitations or
exclusions may not apply to You.
11 . This is the entire warranty between You and ThinkCP™
Technologies and supersedes all prior and contemporaneous agreements
or understandings, oral or written, relating to the Product, and
no representation, promise or condition not contained herein will
modify these terms.
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Return Procedures
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IMPORTANT!
PLEASE READ CAREFULLY BEFORE RETURNING PRODUCT!
FAILURE TO FOLLOW THESE PROCEDURES MAY DELAY YOUR REQUEST FOR REPAIRS!
1. As stated herein, all sales of the HeadTrip and HeadTrip2 are
final. If the HeadTrip or Headtrip2 fails due to defects in material
or workmanship during the 90 day warranty period, it can only be
returned for repair or replacement at the sole discretion of ThinkCP™
Technologies.
2. BEFORE RETURNING THE PRODUCT, YOU MUST CONTACT
A THINKCP™ REPRESENTATIVE WITH YOUR RETURN MATERIAL AUTHORIZATION
(RMA) REQUEST!!! Contact a ThinkCP™ Technologies Representative
at (949) 833-3222 between the hours of 8:00 a.m. and 5:00 p.m. Pacific
Standard Time. Optionally, you may make a request via email at support@thinkcp.com.
In all correspondence requesting an RMA Number, please remember
to provide the following information: Customer Name, Date of Purchase,
Invoice Number (If applicable), Part Number, Description and a detailed
description of the related problem.
3. ThinkCP™ Technologies reserves the right to refuse your
RMA request if it is determined by ThinkCP™ that the reported
problem is not covered within the scope of this warranty agreement.
If your RMA request is denied, ThinkCP™ will clearly state
the specific reason for the denial pursuant to the terms of this
limited warranty.
4. Upon obtaining an RMA number, you may return the product to us.
DO NOT SEND ADDITIONAL PRODUCTS OR MATERIALS OTHER THAN THE ITEM
TO BE RETURNED. ThinkCP™ will not be responsible for ancillary
items returned, such as, but not limited to, software, cables and
other peripherals.
5. Carefully package your product and return it to the following
address. (BE SURE TO INCLUDE THE RMA NUMBER. Failure to include
the RMA Number on the label as stated below, may result in your
package being refused.)
ThinkCP™ Technologies
RE – RMA NO. (INCLUDE YOUR RMA NUMBER HERE)
16812 Hale Avenue
Irvine, CA 92606
6. Unless instructed otherwise, ThinkCP™ Technologies will
return the product to the same address to which the original product
was shipped.
7. Upon inspection and testing of the product, ThinkCP™ Technologies
will determine, at its sole discretion, if the product failure is
subject to either repair or replacement pursuant to the terms and
conditions of this warranty. If your request for repair or replacement
is denied, ThinkCP™ Technologies will notify you of the reasons
your request has been declined.
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