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Warranty Information
Limited Warranty For New Aviation Headsets Sold By Lightspeed Aviation, Inc.
(Including 2-Year Limited Warranty for batteries)
Lightspeed Aviation, Inc. (“LSA”) warrants that the new aviation headset sold by LSA
(“New Headset”) is free from all material defects in workmanship and materials. With
respect to the New Headset but excluding all batteries provided with the New Headset
(“Batteries”), all warranties provided by LSA and all implied warranties imposed by law
arelimitedtoa5-yearperiod,beginningonthepurchasedateshownontheNew
Headset’s sales receipt. With respect to the Batteries, all warranties provided by LSA
andallimpliedwarrantiesimposedbylawarelimitedtoa2-yearperiod,beginning
on the purchase date shown on the New Headset’s sales receipt. “Warranty Period”
means 5 years for the New Headset (excluding Batteries) and 2 years for the Batteries.
This Limited Warranty (“Limited Warranty”) is provided solely for the benefit of the
initial purchaser of the New Headset (“Purchaser”), and it excludes all 3rd parties,
including distributors, dealers, retailers, subsequent owners, and other users of the
New Headset. This Limited Warranty is not assignable and remains in full force and
effect during the Warranty Period, but only if the New Headset: (a) has been properly
maintained; (b) has not been abused or misused; and (c) has not been repaired, altered,
or modified without LSA’s approval. This Limited Warranty specifically excludes all taxes,
shipping costs, and problems relating to any: (1) repair, alteration, or modification
not approved by LSA; (2) abuse or failure to properly maintain the New Headset; (3)
faulty workmanship by any person, except LSA or its approved agent; (4) operation
of the New Headset, except as specified in its operating manual; (5) ordinary wear
and tear; or (6) finish and appearance item. For each claim made under this Limited
Warranty (“Claim”), Purchaser must, within 10 days of discovering a New Headset
problem indicating a breach of this Limited Warranty, deliver to LSA a written notice
that explains in detail the New Headset’s specific defect, that shows proof of Purchaser’s
purchase of the New Headset before the end of the Warranty Period, and that shows
proof that this Limited Warranty applies to the New Headset. LSA or its agent may
investigate any Claim. For each Claim, LSA may, in its sole discretion, choose any of the
following exclusive remedies: (I) repair or replace the New Headset or any part thereof,
without charge to Purchaser, but first Purchaser must return the New Headset to LSA’s
authorizedrepairfacility,pre-payingallshippingcharges,andPurchasermustaccept
the same as repaired or replaced at the facility’s location (i.e., FOB the facility) within 10
days of the date of LSA’s completion notice sent to Purchaser, or else LSA will deem the
New Headset abandoned, in which case LSA may keep, sell, or otherwise discard it; or
(II) refund the New Headset’s purchase price to Purchaser. Without paying any amount
to Purchaser, LSA may keep, sell, or otherwise discard all replaced New Headsets and
parts thereof and all New Headsets where LSA has refunded the purchase price to
Purchaser. In repairing or replacing any New Headset, LSA may, in its sole discretion,
use new, used, or reconditioned parts or provide a refurbished used headset as a
replacement. In connection therewith, LSA warrants that all new, used, or reconditioned
parts or refurbished used headsets will be free from all material defects in workmanship
and materials during the Warranty Period and for a period of up to 90 days thereafter,
but only to the extent that such event occurs during the final 90 days of the Warranty
Period.LSAmay,initssolediscretion,(i)establishseparate,additional,non-warranty
repairandreplacementprogramsforanyneworusedheadset(“Non-WarrantyService
Programs”),(ii)theNon-WarrantyServiceProgramsmaycoveranytimeperiod,beforeor
after any Warranty Period has expired, and (iii) charge any amount and impose any term
withrespecttoanyNon-WarrantyServiceProgram.ForNon-WarrantyServicePrograms,
LSA warrants that all new, used, reconditioned, or refurbished parts and headsets used
to repair or replace any headset will be free from all material defects in workmanship
and materials, but only for a limited period of 90 days thereafter. Purchaser
acknowledges that used or reconditioned parts may be used to repair any new or used
headset, and that a refurbished used headset may be provided as a replacement for
any new or used headset. LSA may hire a 3rd party to repair or replace any new or used
headset. “Including” means “including, but not limited to.”
THETERMSINTHISDOCUMENTARETHEONLYTERMSTHATGOVERNLSA’SWARRANTY
OBLIGATIONSFORANYNEWORUSEDHEADSETORPARTTHEREOF.NOORALOROTHER
WRITTENTERMAPPLIES.THISDOCUMENTPROVIDESTHEEXCLUSIVEREMEDYFORALL
CLAIMSAGAINSTLSAWITHRESPECTTOANYNEWORUSEDHEADSETORPARTTHEREOF.
NOTWITHSTANDINGANYPROVISIONTOTHECONTRARYINTHISLIMITEDWARRANTY,
LSARESERVESTHERIGHTTOMODIFY,ATANYTIMEANDFROMTIMETOTIMEINITSSOLE
DISCRETION,ANYANDALLTERMSINTHISLIMITEDWARRANTY.EACHSUCHMODIFICATION
ISDEEMEDEFFECTIVEUPONPUBLICATIONONLSA’SWEBSITEOROTHERWISE.