Warranties

Warranties

LIMITED WARRANTY

SMS Audio, LLC (“SMS”) warrants to the original end-user purchaser (the “Purchaser”), that this product, when purchased new in its original packaging from an authorized vendor (see: INSERT WEBPAGE LINK), and when used in accordance with SMS’ 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 (2 years EU) from the date of the original purchase of the product in its original packaging from an authorized vendor (“Warranty Period”).

If such a defect arises and a valid claim is received by SMS within the Warranty Period, at its option, SMS 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, Purchaser must contact SMS at warranty@smsaudio.com to obtain a Return Merchandise Authorization (“RMA”) number on the basis of the dated purchase receipt. RMAs are valid for ten (10) days. Please return the product with proof of purchase receipt, description of defect and transportation prepaid to:

SMS Audio, LLC Attn: SMS Audio Warranty 2885 South Congress Ave., Suite D Delray Beach, FL 33445

The RMA number must be clearly indicated on the outside of the return package. Packages without an RMA number will be refused by SMS or its representatives.

A $5 money order made payable to SMS Audio, LLC must be included to cover return shipping and handling. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping.

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 SMS; (c) to a product or a part that has been tampered with or modified by anyone other than SMS; (d) if any SMS 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 SMS, including, without limitation, vandalism, fire, storms, earthquake, flood, or Acts of God.

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

The extent of SMS’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. SMS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SMS 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, SMS 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 New York, 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 New York, County of New York, 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.

For warranty information questions, please email warranty@smsaudio.com.

EXCHANGES AND REFUNDS

Within fifteen (15) days of the original purchase of the product ("Exchange/Refund Period"), a new product may be exchanged for another SMS product or returned for a refund, subject to the following terms and conditions.

To obtain an exchange or refund, you must obtain a Return Merchandise Authorization ("RMA") number, and SMS must receive the product with your original packing slip/UPC label and proof of purchase within the Exchange/Refund Period. RMAs are valid for ten (10) days. To obtain an RMA number, contact Customer Service at warranty@smsaudio.com.

 Send the product with your original packing slip, proof of purchase and RMA Number, along with a note indicating whether you want to exchange the product (and if so, what other SMS product you want to order) or a refund, to:

SMS Audio, LLC Attn: SMS Audio Exchange/Return 2885 South Congress Ave., Suite D, Delray Beach, FL 33445

Shipping charges incurred in connection with the exchange or return of new merchandise are non-refundable. You are responsible for paying the costs of shipping and for the risk of loss of or damage to the product during shipping, both to and from SMS.

Upon receipt of a valid exchange/refund claim during the Exchange/Refund Period, SMS will, in the case of an exchange, credit the purchase price of the exchanged product (exclusive of taxes and shipping/handling/insurance/duty charges) toward the online order of an in-stock SMS product. In the case of a refund, SMS will refund the purchase price of the returned product (exclusive of taxes and shipping/handling/insurance/duty charges) within thirty (30) days of the receipt of the refund claim. 

SMS Audio reserves the right to decline any return or exchange where the product is not in like-new condition. Like-new means the complete product in the original carton with all equipment, packaging, warranties, manuals and/or accessories without damage (including without wear and tear).

 In-stock online orders generally ship within two (2) days after an order is received, so if you would like to cancel an order after it is already placed, it must be done within twenty-four (24) hours. Contact warranty@smsaudio.com with your sales order number and a refund will be issued. Please be aware for all orders outside the U.S., there may be applicable shipping duties and fees for which SMS Audio is not responsible.