90-Day Limited Warranty for KOSS®
This KOSS STRIVA product (“Product”) has the following
warranty, subject to applicable law.
ADDITIONAL RIGHTS. This warranty gives you specific legal rights
and you may also have other rights which may vary from jurisdiction to
jurisdiction. The benefits of this
warranty are in addition to rights you may have under consumer protection
laws. Some jurisdictions do not permit
certain limitations or exclusions described in this warranty, so certain
limitations and exclusions of this warranty may not apply to you.
What is covered by the
warranty? Subject to the terms and
conditions of this warranty, Koss warrants that this Product will be free of any defect in materials and
workmanship under normal use during the ninety (90) day period following retail
purchase by the initial user (the “Warranty Period”). Koss requires your original
receipt to determine the Warranty Period.
Any defect in materials or workmanship must be discovered and
reported to Koss within the Warranty Period or it will not be covered by this
warranty. You may not transfer the
warranty and no one but you is benefited by it.
This is the only express warranty made by Koss and is in lieu of any (if
any) others concerning this Product.
You may also have an implied warranty and/or condition under
the law of some jurisdictions. If so,
the duration of all implied warranties is limited to the Warranty Period. Some
jurisdictions do not allow limitations on how long an implied warranty or condition
lasts, so this limitation might not apply to you.
What is not covered? The warranty does not cover: damage resulting
from abnormal or commercial use; modifications by you of the Product; cosmetic damage; any defect resulting from abuse, misuse, accident,
failure to follow Product instructions; problems
caused by you; problems caused by maintenance or repair of the Product by anyone
other than Koss or a Koss designated party;
or damage caused by liquid. (The Product
may contain a liquid sensor that indicates the presence of excessive liquid.)
Koss is not liable for any damage to or loss of any user data.
Normal decrease in
battery capacity over time is not covered by this warranty.
required by law, this warranty does not cover any open source software
(software provided under public license by third parties).
DO NOT ATTEMPT TO OPEN THE PRODUCT.
Opening the Product or attempting to open the Product may cause damage
that this warranty does not cover. This
warranty is void if the Product is returned with any alterations, including
removal of the external cover.
What do you have to do
to place a warranty claim? You are
required to submit the Product to Koss for inspection to confirm the alleged
defect. Koss will not provide coverage under
this warranty unless you comply with all terms.
To request warranty service, you must: (1) return the Product in
prepaid, secure and protective packaging to Koss Corp., 4129 N. Port Washington
Ave., Milwaukee, Wisconsin, U.S.A. 53212; and (2) enclose a short but specific
description of the alleged defect with a copy of your original receipt and
sufficient information to allow Koss to contact you.
What will Koss do? During the Warranty Period Koss will perform
any repair or replacement that is covered by this warranty without charge to
you. If Koss does not confirm the
alleged defect, Koss will inform you of the estimated fee for repair
efforts. There is no charge for this estimate. After the Warranty Period, service for the
Product, including battery replacement, may be available from Koss for a fee.
exclusive remedy. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH
OF THE WARRANTY SHALL BE THE OBLIGATION OF KOSS, AT ITS SOLE OPTION (subject to
applicable law), TO EITHER (1) REPAIR OR REPLACE THE PRODUCT; OR (2) PAY TO YOU
DAMAGES YOU ACTUALLY INCURRED IN REASONABLE RELIANCE, BUT ONLY UP TO THE AMOUNT
OF THE PURCHASE PRICE THAT YOU PAID LESS REASONABLE DEPRECIATION BASED ON
ACTUAL USE where permitted by law. Koss
reserves the right to repair or replace the Product or parts (including
discontinued items) with a product or parts which may be new, refurbished,
reconditioned or returned, including items manufactured by Koss or others, but
which are comparable in function and performance to the original product or
part. Unless otherwise required by law,
repair and replacement services and repaired, replaced, reconditioned or
refurbished parts and/or products are not warranted and any (if any) implied
warranties, conditions or duties regarding such services are hereby disclaimed.
EXCLUSION OF CERTAIN
DAMAGES and LIMITATION OF LIABILITY.
Except as provided in the above “Exclusive Remedy” section, Koss shall
not be liable to you or anyone else for any loss, injury or damages relating to
the warranted product, this warranty, any implied warranty or condition, or to
any remedy elected by Koss, including (without limitation) attempts to repair
or replace the product. Also, Koss shall
not be liable for any general, special, direct, indirect, incidental, consequential,
exemplary, punitive, or other damages of any kind or nature whatsoever (except
for the damages described in the “EXCLUSIVE REMEDY” section above). The Exclusive Remedy elected by Koss shall
constitute Koss’ only liability to you or anyone else whether such liability is
based on contract, tort (including negligence), strict liability or
otherwise. The foregoing limitations and
exclusions shall apply even if a remedy fails of its essential purpose. Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitations or exclusions may not apply to
No Koss agent or employee is authorized to modify this
warranty. If any term of this warranty
is found to be illegal or unenforceable, the remaining terms shall remain
enforceable. The laws of the State of
Wisconsin, USA, govern this warranty.
NOTE: Avoid playing
the Product at high volume levels. Some
studies have concluded that prolonged and extensive exposure to noise in excess
of 95dB may impair hearing. Never use
the Product while operating a motorized vehicle. It may create a traffic hazard and is illegal
in many areas. Exercise caution if you
are wearing the Product while engaged in activities such as walking,
race-walking, jogging, cycling, etc. which may bring you in contact with