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Tinnitus Laboratory One (1) Year Limited Warranty

Tinnitus Lab’s warranty obligations for this hardware product are limited to the terms set forth below:

Tinnitus Laboratory Inc. (“Tinnitus Lab”) warrants this Tinnitus Lab device against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser (“Warranty Period”). If a hardware defect arises and a valid claim is received within the Warranty Period, at its option and to the extent permitted by law, Tinnitus Lab will either (1) repair the hardware defect at no charge, using new or refurbished replacement parts, (2) 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.

When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Tinnitus Lab’s property. Parts provided by Tinnitus Lab in fulfillment of its warranty obligation must be used in products for which warranty service is claimed.

Exclusions and limitations

This Limited Warranty applies only to hardware products manufactured by or for Tinnitus Lab that can be identified by the “PAXX” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-Tinnitus Lab hardware products or any software, even if packaged or sold with Tinnitus Lab hardware. Tinnitus Lab, in so far as permitted by law, provides their products “as is”.

Tinnitus Lab does not warrant that the operation of the product will be uninterrupted or error-free. Tinnitus Lab is not responsible for damage arising from failure to follow instructions relating to the product’s use.

This warranty does not apply: (a) to damage caused by use with non-Tinnitus Lab products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by Tinnitus Lab; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Tinnitus Lab or an Tinnistus Lab Authorized Service Provider (TLASP); (e) to a product or part that has been modified to alter functionality or capability without the written permission of Tinnitus Lab; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; or (h) if any Tinitus Lab serial number has been removed or defaced.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. TINNITUS LAB’S RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY TINNITUS LAB IN ITS SOLE DISCRETION. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN TIME TO THE TERM OF THIS LIMITED WARRANTY. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE LIMITED WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. No Tinnitus Lab reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, TINNITUS LAB IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH TINNITUS LAB PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

OBTAINING WARRANTY SERVICE

Please access and review the online help resources referred to in the documentation accompanying this hardware product before requesting warranty service. If the product is still not functioning properly after making use of these resources, please contact the Tinnitus Lab representatives or, if applicable, a TLASP located using the information provided in the documentation.

When calling, a TLASP will help determine whether your product requires service and, if it does, will inform you how Tinnitus Lab will provide it. You must assist in diagnosing issues with your product and follow Tinnitus Lab’s warranty processes.

Tinnitus Lab may restrict service to the United States of America and Canada, and provide warranty service only at a TLASP location, where service is performed at the location, or the TLASP may send the product to a Tinnitus Lab repair service location for service, (ii) by sending you prepaid way bills (and if you no longer have the original packaging, Tinnitus Lab may send you packaging material) to enable you to ship the product to Tinnitus Lab’s repair service location for service, or (iii) by sending you new or refurbished customer-installable replacement product or parts to enable you to service or exchange your own product (“DIY Service”). Upon receipt of the replacement product or part, the original product or part becomes the property of Tinnitus Lab and you agree to follow instructions, including, if required, arranging the return of original product or part to Tinnitus Lab in a timely manner.

When providing DIY Service requiring the return of the original product or part, Tinnitus Lab may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you follow instructions, Tinnitus Lab will cancel the credit card authorization, so you will not be charged for the product or part and shipping costs. If you fail to return the replaced product or part as instructed, Tinnitus Lab will charge the credit card for the authorized amount. Service options, parts availability and response times may vary. Service options are subject to change at any time. In accordance with applicable law, Tinnitus Lab may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.

Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service. Tinnitus Lab will maintain and use customer information in accordance with the Tinnitus Lab Customer Privacy Policy accessible at www.tinnituslab.com/privacy. If your product is capable of storing software programs, data and other information, you should protect its contents against possible operational failures. Before you deliver your product for warranty service it is your responsibility to keep a separate backup copy of the contents and disable any security passwords. THE CONTENTS OF YOUR PRODUCT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Your product will be returned to you configured as originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and passwords. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

Tinnitus Laboratory Inc.
2100 Marlow suite 350
Montréal, Québec, H4A 3l5
Canada

Copyright 2010 Tinnitus Laboratory Inc. All rights reserved. Tinnitus Lab and the PAXX logo are trademarks of Tinnitus Laboratory Inc., registered in Canada
Effective Date: June 1st 2010

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