Warranty

SwimPod warrants its products against defects in materials and workmanship to the original purchaser only as specified below.

1. PARTS – If the product is determined to have a manufacturing defect, within a period of one (1) year from date of original purchase, SwimPod will repair or replace the product parts at no charge to you, excluding earbuds. Any product replaced by SwimPod may be replaced with a refurbished unit. SwimPod will make every attempt to replace your iPod with the same color as your original iPod, but we reserve the right to substitute a different colour if necessary. Any personalized iPods will be replaced with a non-personalized iPod. All shipping, duty, taxes, handling and/or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer. Your repaired or replaced SwimPod product(s) will be returned to you by International or Domestic mail at our expense.

2. EARBUDS – The earbuds are warranted for any manufacturing defect, within a period of the first ninety (90) days of original purchase.

3. LABOUR – Additionally, within a period of one (1) year from date of original purchase, SwimPod, at its own discretion, will service your product by repair or replacement at no charge to you. All shipping, duty, taxes, handling and/or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer. Your repaired or replaced SwimPod product(s) will be returned to you by International or Domestic mail at our expense.

To obtain warranty service by an authorised SwimPod service center, you must mail the product to the authorised SwimPod service center in its original product packaging materials or equivalent, to prevent damage when in transit.

Further, should SwimPod determine that the product is outside of the warranty term, SwimPod will return the product to the sender at sender’s expense, without being repaired or replaced, unless authorised by you to service the out-of-warranty product at your expense. All handling, duty, taxes or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer.

Normal “wear and tear” is not covered by this warranty. Further, SwimPod hereby reserves the right to determine “wear and tear” on any and all products. Tampering or opening the product casing or wires, will immediately void this warranty in its entirety.

Also this warranty does not apply if the product has been damaged by accident, abuse, misuse or misapplication; if any portion of the product, including the headset and earbuds have been altered or modified without the written permission of SwimPod; has been serviced by a non-authorised service repair center of SwimPod, has not been properly maintained or operated according to the instruction manual; has been used for commercial, non-household purposes; cosmetically damaged; was not imported by SwimPod or purchased through a genuine Apple Retailer; was not manufactured according to specifications of the U.S market; improper installation or neglect; damage due to improper packaging and shipment; damage due to natural disasters; or for cosmetic damages.

ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO ONE (1) YEAR PARTS AND LABOUR FROM THE DATE OF THE ORIGINAL RETAIL PURCHASE OF THIS PRODUCT.

THESE WARRANTIES AND REMEDIES ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES IN CONNECTION WITH THE SALE AND USE OF THE PRODUCT. NO OTHER WARRANTIES, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, ARE GIVEN.

SWIMPOD IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, WHETHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT OR OTHERWISE, AND WHETHER KNOWN OR SHOULD HAVE BEEN KNOWN TO SWIMPOD, INCLUDING LOST PROFITS, GOODWILL, AND PROPERTY AND PERSONAL INJURY RESULTING FROM ANY BREACH OF WARRANTY, THE INABILITY TO USE THE PRODUCT OR UNDER ANY LEGAL THEORY IN CONTRACT OR TORT. SWIMPOD SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE TO OR LOSS OF USE TO ANY DEVICE FROM USE OF THIS PRODUCT WITH SUCH DEVICES (SOME SWIMPOD LIABILITY IS LIMITED TO THE ACTUAL PURCHASE PRICE PAID TO THE ORIGINAL PURCHASER OR RESELLER OF THE DEFECTIVE PRODUCT.)

No SwimPod dealer, agent or employee is authorised to make any modification, extension, change or amendment to this warranty without the written consent and authorisation from SwimPod.

Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, or do not allow a limitation on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Proof of purchase in the form of a bill of sale or receipt is required as evidence that the product is within the warranty period and must be presented to obtain warranty service.

TO RETURN YOUR SWIMPOD WATERPROOFED iPOD SHUFFLE OR HEADSET FOR REPAIR SERVICE, YOU MUST FIRST CONTACT US BY EMAIL AT contact@swimpod.com.au TO RECEIVE AUTHORISATION AND RETURN ADDRESS FROM US. After authorisation from us, return the faulty SwimPod product, with the copy of your invoice or receipt, fully insured (for your protection) and packed well in original packaging, if possible. All shipping, duty, taxes, handling and/or restocking charges for returns and/or replacements shall be non-refundable and are the responsibility of the customer. Your repaired or replaced SwimPod product(s) will be returned to you by International or Domestic mail at our expense.

Important Note: This product and all information contained in these instructions are subject to change without notice. Check our website (www.swimpod.com.au) frequently for updates. SwimPod’s waterproofed iPod Shuffle and waterproof Headphones are protected by patents 4683587, 6961434, and other patents pending – All Rights Reserved 14/09/2012.