T.A.G. Inc. Limited Warranty Statement
Limited warranties
The limited warranties provided by T.A.G. Inc. ("T.A.G.") in this Limited Warranty Statement apply only to new Trinity digital audio workstation (DAW) ("T.A.G. Products") and new T.A.G.-branded accessories ("T.A.G. Accessories") that you ("Customer") purchase in the United States directly from T.A.G. for your own use, and not for resale.
T.A.G. warrants that the T.A.G. Products will be free from defects in workmanship and materials, under normal use, for one hundred twenty (120) days from the original purchase date.
T.A.G. warrants that the T.A.G. Accessories will be free from defects in workmanship and materials, under normal use, for ninety (90) days from the original purchase date.
The warranties set forth in this Limited Warranty Statement do not apply to:
Software, including the operating system and application software installed on the T.A.G. Product, either prior to or subsequent to delivery of the T.A.G. Product to Customer
Any third party products (including software) or services, included with or used with the T.A.G.-Product.
Damage to the surface of the T.A.G. Product, including cracks or scratches to the LCD display
Damage that results from accident, abuse, misuse, neglect or any use of the T.A.G. Product other than for its intended use
Damage that results from any unauthorized attempts to open, maintain, repair or modify the T.A.G. Product
Damage that results from the T.A.G. Product being subjected to abnormal physical, thermal or electrical stress, including power fluctuations or other hazards
T.A.G. Products, if the serial numbers or other identification marks that appear on the T.A.G. Products as delivered are missing or altered
Warranty remedies and procedures
As Customer's sole and exclusive remedy and T.A.G.'s entire liability under this warranty, T.A.G. will, at its option, repair the T.A.G. Product or replace it with a comparable T.A.G. Product. Replacement T.A.G. Products and parts used to repair the T.A.G. Products may be new, refurbished or reconditioned. Repaired or replaced T.A.G. Products are warranted for the unexpired portion of the original warranty period or 90 days from the date of shipment whichever, is longer. All T.A.G. Products, Accessories and parts that are replaced become the property of T.A.G.
Customer must contact T.A.G. Technical Support within the warranty period and furnish a dated proof of original purchase prior to the return of any T.A.G. Product for warranty service. To obtain contact information, refer to T.A.G.'s website at www.trinityaudiogroup.com/contact.html. Upon validation of Customer's warranty entitlement, T.A.G. will issue a Return Material Authorization (RMA) number along with return instructions. Customer must ship the T.A.G. Product to the designated location, postage pre-paid, in original or equivalent packaging within five (5) days after T.A.G.'s issuance of an RMA number. T.A.G. will not be responsible for any T.A.G. Product damaged or lost in transit. T.A.G. will return the repaired or replacement T.A.G. Product to Customer, postage pre-paid, in the United States.
T.A.G. will not be responsible for any software, data or information contained in or stored on any T.A.G. Product (or on any removable media or storage devices such as hard drives, floppy disks, CDs, DVDs or PC cards) that is lost, corrupted or damaged in transit or as a result of T.A.G.'s repair of any T.A.G. Products. Data recovery is not included in the warranty service. Prior to shipping the T.A.G. Product back to T.A.G., Customer should backup all such software, data and information. All confidential, proprietary or personal data or information should be removed from the T.A.G. Product (and from any removable media or storage devices such as hard drives, floppy disks, CDS, DVDs or PC cards) as returned to T.A.G. Customer will be responsible for reinstalling all software, data, information and passwords.
Disclaimers
THE LIMITED WARRANTIES SET FORTH IN THIS LIMITED WARRANTY STATEMENT ARE IN LIEU OF AND T.A.G. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM T.A.G. OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS LIMITED WARRANTY STATEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LAST, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ALL WARRANTIES IMPLIED BY STATUTE ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES SET FORTH ABOVE.
Limitation of liability
T.A.G.'S TOTAL LIABILITY TO CUSTOMER, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE ACTUAL AMOUNTS PAID TO T.A.G. BY CUSTOMER FOR THE T.A.G. PRODUCTS GIVING RISE TO THE LIABILITY. IN NO EVENT WILL T.A.G. BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE T.A.G. PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT T.A.G. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES AGREE THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS LIMITED WARRANTY STATEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Limited Warranty Statement will be governed by and construed in accordance with the laws of the State of Washington, USA excluding its conflicts of law rules and principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
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