25
Olufsen Product, and/or (iii) replacing the Bang & Olufsen Product with
a new product equivalent in performance and reliability to the Bang &
Olufsen Product. Replacement of limited or special edition Bang &
Olufsen Products depends on the availability of the Bang & Olufsen
Products in question. Where the Bang & Olufsen Product cannot be
repaired (damage is considered as total loss) and where exchange is not
feasible, compensation is oered on a pro-rata basis of the purchase
price.
All exchange modules become property of Bang & Olufsen.
Exclusions and limitations
Bang & Olufsen is not liable for the damage or loss of any programs,
data and/or media content during the repair process. Bang & Olufsen
strongly recommends customers to ensure that, if possible, all data is
backed up prior to requesting repair services from Bang & Olufsen.
The Warranty will not operate if the serial number has been defaced or
altered or if non-authorized modifications in the software have been
made.
In countries with governmental requirements on specifically developed
versions of Bang & Olufsen products, e.g. due to varying transmission
systems and approval demands, and the defect or malfunction is
caused by the usage of other versions than required in the specific
country, this Warranty does not apply. To obtain information about
usage of the Bang & Olufsen Product in several countries, please
contact the legal entity stated on the original invoice for the Bang &
Olufsen Product.
All implied warranties, including without limitation, implied warranties
of merchantability and fitness for a particular purpose, are limited to the
duration of this Warranty. In no event shall Bang & Olufsen be liable for
damages in excess of the purchase price of the Bang & Olufsen Product
or for, without limitation, commercial loss of any sort; loss of use, time,
data, reputation, opportunity, goodwill, profits or savings;
inconvenience; incidental, special, consequential or punitive damages;
or damages arising from the use or inability to use the Bang & Olufsen
Product.
Bang & Olufsen makes no warranties or representations, express or
implied, statutory or otherwise, as to the quality, capabilities,
operations, performance or suitability of any third-party software or
equipment used in conjunction with the Bang & Olufsen Product, or the
ability to integrate any such software or equipment with the Bang &
Olufsen Product, whether such third-party software or equipment is
included with the Bang & Olufsen Product distributed by Bang &
Olufsen or otherwise. Responsibility for the quality, capabilities,
operations, performance and suitability of any such third-party
software or equipment rests solely with the user and the direct vendor,
owner or supplier of such third-party software or equipment. Nothing
contained in the user manual or any other document shall be construed
to create an express warranty of any kind with respect to the Bang &
Olufsen Product. No agent, employee, dealer, representative or reseller is
authorized to modify or extend this Warranty or to make binding
representations or claims, whether in advertising, presentations or
otherwise, on behalf of Bang & Olufsen regarding the Bang & Olufsen
Products or this Warranty.
Severability
If any portion of this Warranty is held to be illegal or unenforceable,
such partial illegality or unenforceability shall not aect the
enforceability of the remainder of the Warranty.
Consumer’s legal rights
This Warranty is provided in addition to the rights and remedies
granted by the seller of the Bang & Olufsen Product or granted under
applicable legislation. Any and all remedies (e.g. rectification, claim for
damages, and/or right to terminate the contract) granted by the seller
of the Bang & Olufsen Product or available by law remain unaected by
this Warranty.
For the Australian market only: Bang & Olufsen Products are subject to
the guarantees provided under the Australian Consumer Law. You are
entitled to a replacement or refund for a ‘major problem’ and for