SWIMMAN WARRANTY
SWIMMAN Inc. warrants its products against
defects in materials and workmanship to the original purchaser only
as specified below.
1. PARTS - If the product is determined to
have a manufacturing defect, within a period of one (1) year from
date of original purchase, SWIMMAN will repair or replace the product
parts at no charge to you, excluding earbuds. For the first ninety
(90) days of original purchase, the labor charge of repairing or replacing
parts will be at no charge to you. After ninety (90) days of original
purchase, the labor charge for servicing your product will be at your
expense. Any product replaced by SWIMMAN may be replaced with a refurbished unit. SWIMMAN will make every attempt to replace your iPod with the same color as your original iPod, but we reserve the right to substitute a different color if necessary. Any personalized iPods will be replaced with a non-personalized iPod.
2. EARBUDS - The earbuds are warranted for any manufacturing defect,
within a period of the first ninety (90) days of original purchase.
3. LABOR - Additionally, within a period
of ninety (90) days from date of original purchase, SWIMMAN, at its
own discretion, will service your product by repair or replacement
at no charge to you. After ninety (90) days, all labor charges will
be at your expense.
To obtain warranty service by an authorized
SWIMMAN service center, you must drop off or mail the product to the
authorized SWIMMAN service center in its original product packaging
materials or equivalent, to prevent damage when in transit.
Further, should SWIMMAN determine that the
product is outside of the warranty term, SWIMMAN will return the product
to the sender at sender's expense, without being repaired or replaced,
unless authorized by you to service the out-of-warranty product at
your expense. All handling, duty, taxes or restocking charges for
returns and/or replacements shall be non-refundable and are the responsibility
of the customer.
Normal "wear and tear" is not covered
by this warranty. Further, SWIMMAN hereby reserves the right to determine
"wear and tear" on any and all products. Tampering or opening
the product casing or wires, will immediately void this warranty in
its entirety.
Also this warranty does not apply if the
product has been damaged by accident, abuse, misuse or misapplication;
if any portion of the product, including the headset and earbuds have
been altered or modified without the written permission of SWIMMAN;
has been serviced by a non-authorized service repair center of SWIMMAN,
has not been properly maintained or operated according to the instruction
manual; has been used for commercial, non-household purposes; cosmetically
damaged; was not imported by SWIMMAN or purchased through a genuine
Apple Retailer; was not manufactured according to specifications of
the United States market; improper installation or neglect; damage
due to improper packaging and shipment; damage due to natural disasters;
or for cosmetic damages.
ALL IMPLIED WARRANTIES, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE LIMITED IN DURATION TO ONE (1) YEAR PARTS AND NINETY (90) DAYS
LABOR FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT.
THESE WARRANTIES AND REMEDIES ARE THE SOLE
AND EXCLUSIVE WARRANTIES AND REMEDIES IN CONNECTION WITH THE SALE
AND USE OF THE PRODUCT. NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED
OR IMPLIED, ARE GIVEN.
SWIMMAN IS NOT RESPONSIBLE OR LIABLE FOR
ANY DAMAGE, WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR
OTHERWISE, AND WHETHER KNOWN OR SHOULD HAVE BEEN KNOWN TO SWIMMAN,
INCLUDING LOST PROFITS, GOODWILL, AND PROPERTY AND PERSONAL INJURY
RESULTING FROM ANY BREACH OF WARRANTY, THE INABILITY TO USE THE PRODUCT
OR UNDER ANY LEGAL THEORY IN CONTRACT OR TORT. SWIMMAN SHALL NOT BE
RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE TO
OR LOSS OF USE TO ANY DEVICE FROM USE OF THIS PRODUCT WITH SUCH DEVICES
(SOME SWIMMAN LIABILITY IS LIMITED TO THE ACTUAL PURCHASE PRICE PAID
TO THE ORIGINAL PURCHASER OR RESELLER OF THE DEFECTIVE PRODUCT.)
No SWIMMAN dealer, agent or employee is authorized
to make any modification, extension, change or amendment to this warranty
without the written consent and authorization from SWIMMAN.
Some states do not allow the exclusion or
limitation of implied warranties or liability for incidental or consequential
damages, or do not allow a limitation on how long an implied warranty
lasts, so the above limitations or exclusions may not apply to you.
This warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
Proof of purchase in the form of a bill of
sale or receipt is required as evidence that the product is within
the warranty period and must be presented to obtain warranty service.
TO RETURN YOUR SWIMMAN WATERPROOFED iPOD
1 GB SHUFFLE FOR REPAIR SERVICE, YOU MUST FIRST CONTACT US BY EMAIL
AT support@swimman.com TO RECEIVE A LETTER OF AUTHORIZATION AND RETURN ADDRESS FROM US. After
authorization from us, return the damaged SWIMMAN product, with the
copy of your invoice or receipt, fully insured (for your protection)
and packed well in original packaging, if possible. All shipping,
duty, taxes, handling and/or restocking charges for returns and/or
replacements shall be non-refundable and are the responsibility of
the customer. Your repaired or replaced SWIMMAN product(s) will be
returned to you by UPS Ground or by regular U.S. Mail at our expense.
This product and all information
contained in these instructions are subject to change without notice.
Check our website, www.SWIMMAN.com, frequently for updates. SWIMMAN
Waterproofed iPod Shuffle and SWIMMAN Waterproof Headphones are
protected by patents 4683587, 6961434, and other patents pending.
All Rights Reserved 11/18/2009