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Effective Date: July 1, 2024
LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Subject to the conditions and exclusions set forth below, Midland Radio Corporation (“Midland” or "we") located at address 5900 Parretta Drive, Kansas City, Missouri 64120 warrants the Midland-branded two-way radios, weather radio receivers, speakers, antennas, BT intercoms, and accessories (“Midland Product") against defects in materials and workmanship when used normally in accordance with Midland's published guidelines for the Warranty Period defined below.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT, AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
WHO MAY USE THIS WARRANTY?
Midland extends this limited warranty only to the consumer who originally purchased the product ("you") from Midland or an authorized reseller of Midland Products. It does not extend to any subsequent owner or other transferee of the product.
WHAT DOES THIS WARRANTY COVER?
Subject to the exclusions described below, this limited warranty covers defects in materials and workmanship of Midland Products for the Warranty Period as defined below.
WHAT IS EXCLUDED FROM THIS WARRANTY?
This limited warranty does not apply to: (a) consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) damage due to transportation, storage, or improper use; (c) damage arising from the failure to follow the product instructions or to perform any preventive maintenance; (d) any Midland Product that has been modified without Midland’s written permission; (e) damage caused by unauthorized repair; (f) defects caused by normal wear and tear; (g) damage from external causes such as accidents, abuse, or other actions or events beyond our reasonable control; or (h) Midland Product purchased from a non-authorized reseller or an internet auction site, including e-Bay.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts for (a) two years for all BT intercoms and BizTalk radios and (b) three years for all other Midland Products (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any defective product during the Warranty Period, we will, in our sole discretion, repair or replace such product (or the defective part) free of charge. We will also pay shipping and handling fees to return the repaired or replacement product to you. Note: Certain products that are discontinued or low stock items may not have the availability to be repaired or replaced. In such instances, Midland may, at its discretion, replace your product with a comparable model or refund your purchase price.
HOW DO YOU OBTAIN WARRANTY SERVICE?
Before receiving warranty service, Midland may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Midland's procedures for obtaining warranty service.
For Midland Product purchased in the USA: To obtain warranty service, you must email our Customer Experience team at support@midlandusa.com or submit a written claim by mail to Midland Radio Corporation, 5900 Parretta Drive, Kansas City, Missouri 64120, Attn: Customer Experience Department during the Warranty Period to obtain a warranty confirmation and instructions for returning the Midland Product(s) needing repair or replacement.
For Midland Products purchased in Canada: Performance of any Midland obligation under this limited warranty may be obtained by returning the warranted product, along with proof of purchase, to your place of purchase in Canada. This limited warranty gives you specified legal rights. Additional warranty rights may be provided by law in some areas within Canada.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
