Warranty

LIMITED WARRANTY

Auris, Inc. warrants to the original purchaser, that this product, when purchased new in its original packaging from an authorized vendor, and when used in accordance with Auris, Inc.’s instructions and recommendations in documentation accompanying the product, will be free of defects in material and workmanship that existed at the time of such purchase and that cause a failure of the product to perform in accordance with accompanying product documentation, for a period of 1 year from the date of the original purchase of the product in its original packaging (“Warranty Period”).

 

If such a defect arises and a valid claim is received by Auris, Inc. within the Warranty Period, at its option, Auris, Inc. will (a) repair the product at no charge, using new or refurbished replacement parts, or (b) exchange the product for a product that is new or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product.

 

To make a claim and to obtain repair or replacement within terms of this warranty, please refer to Returns & Exchanges.

 

This warranty does not apply: (a) to damage to the product caused by any use other than private non-commercial use, accident, abuse, misuse, misapplication; (b) to damage caused by maintenance or service performed by anyone other than Auris, Inc.; (c) to a product or a part that has been tampered with or modified by anyone other than Auris, Inc.; (d) if any Auris, Inc. serial number or product identification has been removed or defaced; (e) to exposure of the product to heat, cold, sun, water or other liquids, chemicals, animals, dirt, sand or other contaminants; (f) to persons who purchased the product in used condition or in unpackaged form, or who purchased for resale, lease or lending or other commercial uses; or (g) to acts outside the control of Auris, Inc., including, without limitation, vandalism, fire, storms, earthquake, flood, or Acts of God.

 

No Auris, Inc. vendor, retailer, reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. 

 

The extent of Auris, Inc.’s liability under this warranty is limited to the repair or replacement provided above, and in no event shall the company’s liability exceed the purchase price paid. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER VERBAL OR WRITTEN, EXPRESS OR IMPLIED. AURIS, INC. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF AURIS, INC. CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN, TO THE EXTENT POSSIBLE, ANY CLAIMS UNDER SUCH IMPLIED WARRANTIES SHALL EXPIRE UPON EXPIRATION OF THE WARRANTY PERIOD. 

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AURIS, INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OF THE PRODUCT, OR UNDER ANY OTHER LEGAL THEORY.  

 

This Limited Warranty and any disputes arising out of or in connection with this Limited Warranty or the condition of the product, documentation or packaging ("Disputes") shall be governed by the laws of the State of Delaware, without regard to the conflicts of law principles thereof.  The Convention for the International Sale of Goods shall not apply and is specifically excluded.  The state and federal courts located in the State of Delaware, County of Delaware, United States of America shall have jurisdiction and shall be the exclusive forum for resolution of any Disputes. 

 

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION, AND THAT SHALL NOT BE AFFECTED BY THIS LIMITED WARRANTY. THIS WARRANTY CANNOT BE TRANSFERRED OR ASSIGNED. 

 

If any provision of this Limited Warranty is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions. In case of any inconsistency between the English and other versions of this Limited Warranty, the English version shall prevail.