http://www.xbox.com
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18
warranty
If you acquired your Xbox Product in Australia, the following Limited
Warranty applies to you
PLEASE READ THIS LIMITED WARRANTY CAREFULLY TO UNDERSTAND
YOUR RIGHTS AND OBLIGATIONS!
LIMITED WARRANTY
NOTE: You may have rights as a consumer under applicable law(s).
This Limited Warranty does not affect those rights. See Section D –
Consumer Rights for more information regarding your rights as a
consumer.
The term "Xbox Product" means the Microsoft Xbox Video Game System
console, the Microsoft Xbox software stored on the hard disk and embedded in microprocessors within the Xbox console, and Xbox compatible
hardware peripheral products manufactured by Microsoft, whether included
with the Xbox Video Game System or purchased separately.
A. WARRANTIES
THIS WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY
• 12 Month Express Warranty. Subject to the terms and condi-
tions of this Limited Warranty, Microsoft warrants to you only (the original
purchaser), that under normal use and service, the Xbox Product will substantially conform with the accompanying printed user instruction materials for a period of 12 months starting as of the date of your sales receipt
(the "Warranty Period")
• Implied Warranty. You may also have an implied warranty
and/or condition under the laws of some jurisdictions, which is hereby
limited to the duration of the Warranty Period. Some jurisdictions do not
allow limitations on how long an implied warranty or condition lasts, so
the foregoing limitation may not apply to you.
As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.
B. OBTAINING WARRANTY SERVICE.
To receive instructions for obtaining repair or replacement warranty
services you must call:
Within Australia: 1 800 1 48894, TTY: 1 800 1 48897
You must also:
• Submit proof of purchase in the form of a dated receipt or
invoice (or a copy) evidencing that your request for service is made within
the Warranty Period.
• Follow Microsoft’s instructions if it determines that all or part
of your Xbox Product requires return for repair or replacement. Microsoft
will arrange for shipping your Xbox Product to Microsoft or its authorised
repair centres at Microsoft’s expense, or instruct you where to take the
Xbox Product in your area.
• Delete or remove any files or data you consider private or confidential prior to sending the Xbox Product to Microsoft.
• Return the Xbox Product in the packaging materials provided
to you by Microsoft, using the labels and addresses provided in the return
authorisation kit.
Failure to follow the above instructions may result in delays, cause
you to incur additional charges, or may void your warranty.
C. EXCLUSIVE REMEDY.
During the Warranty Period, and subject to applicable law, Microsoft will,
at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties:
• Repair or replace a defective Xbox Product.
• Following return of your Xbox Product, make payment to you
for the allowable damages that you incur in reasonable reliance but only
up to the amount of the purchase price that you paid for your Xbox Product. This refund may include a deduction for depreciation based on your
actual use.
• Any replacement parts or Xbox Product will be new or refurbished or serviceably used, comparable in function and performance to
the original part or Xbox Product and warranted for the remainder of the
original Warranty Period or 30 days from the date of shipment of the Xbox
Product back to you, whichever is longer.
• Microsoft may, at its sole option, elect to replace the hard
disk contained in your Xbox Product even if this causes a loss of
data. YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR
ANY LOSS OF YOUR DATA.
• After the Warranty Period has expired, Microsoft may charge
you a fee for its efforts to diagnose and service any Xbox Product-related
problems.
• Microsoft will use commercially reasonable efforts to diagnose
and attempt to correct, or suggest solutions for, Xbox Product defects
that are covered by this Limited Warranty. MICROSOFT DOES NOT PRO-
VIDE ANY WARRANTIES REGARDING ITS WARRANTY SERVICES AND,
EXCEPT FOR THE PRECEEDING SENTENCE, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW DISCLAIMS ALL DUTIES (IF ANY)
OF WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE.
D. CONSUMER RIGHTS
You may have the benefits of certain rights or remedies pursuant to
the Trade Practices Act 1974 (Cth) and similar state and territory
laws in Australia in respect of which liability may not be excluded or
restricted. The provisions of this Limited Warranty are subject to,
and do not affect, these rights and remedies.
E. NO OTHER WARRANTIES.
The express warranty stated in Section A above is the only express warranty
made to you and (subject to applicable law) is provided in lieu of all other
express or implied warranties and conditions (if any) including any created
by any other documentation or packaging. No other warranties or conditions are made with respect to the Xbox Product or the warranty services by
any person, including but not limited to Microsoft and its suppliers. No
information (oral or written) or suggestions made by Microsoft, its
agents or suppliers or its or their employees, shall create a warranty
or condition or expand the scope of this Limited Warranty. Also, there
is no warranty or condition of title, quiet enjoyment, or noninfringement in
the Xbox Product. You may have greater rights existing under appli-
cable laws. Where any term of this Limited Warranty is prohibited by
such laws it shall be null and void, but the remainder of the Limited
Warranty shall remain in full force and effect.
F. EXCLUSIONS FROM LIMITED WARRANTY.
This Limited Warranty shall not apply and Microsoft has no liability under
this Limited Warranty if the Xbox Product:
• is used with products not sold or licensed by Microsoft (including, but not limited to, non-licensed games and game enhancement devices, adaptors and power supply sources) or which are otherwise not
compatible;
• is used for commercial purposes (including rental or lease);
• is modified or tampered with;
• is damaged by act of God, power surge, misuse, abuse, negligence,
accident, wear and tear, mishandling, misapplication or other causes unrelated
to defective materials or workmanship;
• serial number is defaced, altered or removed;
• is damaged by programs, data, viruses, or files or during shipments;
• is not used in accordance with the accompanying documentation
and use instructions; or
• is repaired, modified or altered by other than Microsoft authorised
repair centers.
This Limited Warranty does not cover your data, any separate software or
Xbox games whether or not packaged or included with the Xbox Product,
or any Xbox accessories or peripheral devices that are not manufactured
by or for Microsoft.
G. EXCLUSION OF CONSEQUENTIAL, INCIDENTAL AND CERTAIN
OTHER DAMAGES and LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MICROSOFT IS
NOT LIABLE FOR ANY:
(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;
(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE XBOX PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT
NOT LIMITED TO ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR
(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES;
ARISING OUT OF RELATING IN ANY WAY TO THE XBOX PRODUCT. THE
FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE),
STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.