POLY LIMITED WARRANTY – HEADSET AND PERSONAL VIDEO DEVICES

This Limited Warranty does not cover:

What Will We Do to Correct Problems?

During the Warranty Period Poly will repair or replace, at its option, products that manifest defects in materials or workmanship if you provide notice to Poly and return the product to Poly in the manner described below.

Poly may repair or replace products under this Limited Warranty (a) with new or reconditioned products, parts, or components, or (b) with a product similar to an original product If these replaced or repaired products, parts or components manifest a defect in materials or workmanship during the greater of 12 months following their repair and/or replacement, or during the remainder of the Warranty Period for the product they replaced or in which they were installed, Poly, at its discretion, will repair or replace these products or parts.

For products sold with customized, user-replaceable batteries manufactured by Poly, in the event the battery fails during the Warranty Period, Poly will replace the battery. For products sold with batteries that are not user-replaceable, in the event the battery fails during the Warranty Period, Poly will replace the product.

When a product or part is replaced, the replacement item becomes your property, and the returned product or part becomes the property of Poly. You are responsible for shipping charges, insurance, and other transportation-related expenses incurred when returning products to Poly. If you return out-of-warranty Products or Products not covered under the Limited Warranty Terms and Conditions, you will be responsible for all return-shipping and other transportation-related expenses.

In the unlikely event that your product has recurring failures or Poly is unable to repair or replace the product, Poly will provide you with a replacement product selected by Poly that is the same or similar to your product in performance. This is your exclusive remedy for a defective product.

Out-of-warranty service

If your product is out of the Warranty Period, our authorized resellers are there to help you to continue your business without disruption. In addition to our standard warranty, customers for call center and office products can sign-up for maintenance agreements assuring fast replacements and ensuring that you or your business stays operational.

Besides maintenance services Poly also offers various other services. Please contact your point of purchase or visit www.poly.com/support/ for more information.

No warranty is made that the software provided by Poly will meet your requirements or will work in combination with any hardware or applications software products provided by third parties, that the operation of the software products will be uninterrupted or error free, or that all defects in the software products will be corrected.

POLY MAKES NO OTHER EXPRESS WARRANTY WHETHER WRITTEN OR ORAL AND POLY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LOCAL LAW OF JURISDICTIONS OUTSIDE THE UNITED STATES, POLY DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ALL TRANSACTIONS OCCURRING IN THE UNITED STATES, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE WARRANTY PERIOD AS PROVIDED BY POLY IN THE MATERIALS RECEIVED AT THE TIME OF PURCHASE.

Limitation of Liability

THE MAXIMUM LIABILITY OF POLY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF THAT PRODUCT OR ANY COMPONENT OR PART THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL POLY BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. POLYIS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED POLY OR AN AUTHORIZED REPRESENTATIVE OF POLY OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

What Law Governs This Warranty?

THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. FOR CONSUMER TRANSACTIONS, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.

For United States residents, any disputes arising out of this Limited Warranty or otherwise relating to your purchase of the Poly product that is the subject of this Limited Warranty, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the state in which you currently reside, without regard to its conflict-of-law principles.

What Other Legal Rights May Exist?

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.

Warranty Policy for Australia and New Zealand

Nothing in this warranty modifies or excludes your legal rights under the Australian Competition and Consumer Act or the New Zealand Consumer Guarantees Act.

No other warranties either express or implied by law, including but not limited to those contained in the Sale of Goods Act, are made with respect to the Product. If you purchased your Product in New Zealand for the purposes of a business, you acknowledge and agree that the New Zealand Consumer Guarantees Act does not apply.

In Australia, Poly products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure. What constitutes a major failure is set out in the Australian Consumer Law.