These Terms and Conditions govern the repair and maintenance of your product by Meade Instruments Corp. (òÀÝMeadeòÀÝ).
- If beyond the product's warranty period, Meade will charge a reasonable fee to repair your Meade product(s). When the product is covered by warranty or an extended service contract, such as the Sky Assurance Protection Plan, Meade will perform repairs under the terms of the warranty or the extended service contract, with proof of eligibility for such repairs. Meade may subcontract with other service providers for the repair of your product.
- Unless your product is repaired under warranty or extended service contract without charge, payment for repairs are to be made directly to Meade. Your payment is due upon approval of repair charges. Unless specified otherwise, the estimated amount includes all parts, labor, and certain transportation required for the repair of the product plus any applicable tax, plus return shipping within the United States and its territories. Meade may hold you responsible for return shipping charges, if Meade inspects your product, provides an estimate for you, and you do not authorize Meade to undertake the repairs for the estimated charges.
- If Meade determines, while inspecting your product, that repairs are needed due to the failure of parts that are neither supplied by Meade nor Meade branded or are needed due to damage caused by abuse, misuse or misapplication, Meade reserves the right to perform repairs or to return the product to you without repairing it. You may also be charged for return shipping charges.
- In the case of non-warranty repairs or maintenance where a revised estimate is needed, Meade may seek your approval of a revised estimate. If you do not agree that Meade may revise the charges, Meade will return your product. Return shipping charges apply.
- If repairing your product under your product's warranty or extended service contract, Meade may use new or reconditioned parts, if permitted by the terms. If repairing parts outside of warranty or extended service contract, Meade may use new or reconditioned parts. Meade will retain the replaced part that is exchanged under repair service as its property, and the replacement part will become your property. Replaced parts are generally repairable and are exchanged or repaired by Meade for value. If applicable law requires Meade to return a replaced part to you, you agree to pay Meade the additional cost of the replacement item.
- If Meade repairs your product under warranty or extended service contract, the repairs will be covered solely by the terms of the warranty or extended service contract and applicable provisions of law. If your product is repaired outside of warranty, Meade warrants (1) that the repairs will be performed in a competent and workmanlike manner and (2) that all parts used to repair your product will be free from defects in materials and workmanship for a period of ninety (90) days, unless otherwise specified by Meade. Information on your product's parts warranty may be obtained by contacting Meade at (800) 62-MEADE (3233). The warranty on parts is an express limited warranty. If a defect exists in a replacement part during the part's warranty period, at its option, Meade will (1) repair the part, using new or reconditioned replacement parts, (2) replace the part with a new or reconditioned equivalent part, or (3) refund the original repair/replacement charges made by Meade.
THIS WARRANTY AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, WITH RESPECT TO THE REPAIR PARTS. MEADE SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES WITH RESPECT TO SUCH PARTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF MEADE CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS LIMITED WARRANTY. Some states and territories do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so these limitations or exclusions may not apply to you. The express limited warranty on repair parts gives you specific legal rights, and you may also have other rights that vary by state or territory.
- IF ANY PRODUCT SHOULD BE DAMAGED OR LOST WHILE IN MEADE'S CUSTODY, MEADE'S LIABILITY WILL BE LIMITED TO THE COST OF REPAIR OR REPLACEMENT OF THE AFFECTED PRODUCT. SUBJECT TO THE PREVIOUS SENTENCE, MEADE'S ENTIRE LIABILITY FOR YOUR DAMAGES FROM ANY CAUSE WHATSOEVER WITH RESPECT TO THE REPAIR OF YOUR PRODUCT, WHETHER DUE TO MEADE'S NEGLIGENCE OR TO ANY OTHER REASON, IS LIMITED TO THE AMOUNTS THAT YOU PAY FOR REPAIR SERVICES. MEADE HAS NO LIABILITY WHATSOEVER FOR INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS OR REVENUE. MEADE ALSO HAS NO LIABILITY FOR LOSS OF OR DAMAGE TO DATA OR SOFTWARE APPLICATIONS. YOUR ONLY REMEDY UNDER THIS REPAIR AGREEMENT IS TO SEEK RECOVERY OF DAMAGES AGAINST MEADE IN AN AMOUNT NOT TO EXCEED WHAT YOU HAVE PAID FOR REPAIR SERVICES.
- If you have not claimed your product and paid all charges due within sixty (60) days after being notified by Meade that your product has been repaired, Meade will consider your product abandoned. Meade will provide such notice to you at the mailing address you furnished when you authorized the repairs. Meade may dispose of your product in accordance with applicable provisions of law, and, specifically, may sell your product at a private or public sale without liability to you. Meade reserves its statutory and any other lawful liens for unpaid charges.
- These Terms and Conditions are governed by the laws of the State of California (without giving effect to its conflict of law provisions). If any provision of these Terms and Conditions is held to be illegal or unenforceable for any reason, that offending provision will be deemed null and void and will no longer be part of the Terms and Conditions; and the Terms and Conditions will be enforceable as though that provision never was a part of such Terms and Conditions.
- These Terms and Conditions are the only Terms and Conditions that govern Meade's repair of your product in the U.S.A. and its territories. No other oral or written terms or conditions apply, including Terms and Conditions in any purchase order that you provide to Meade.
- Meade products are subject to United States and foreign export control laws and regulations, and must be purchased, sold, exported, re-exported, transferred, or used in compliance with such export laws and regulations. Meade warranties are valid in the country of legitimate purchase only and Meade reserves the right to repair or not repair products that are purchased in the U.S.A. or its territories and then exported to other countries. Consumers living outside of the U.S.A. who have purchased Meade products within the U.S.A. and its territories who require repairs should contact Meade's Export Department at +1 (949) 451-1450 for further instructions.
- You agree and understand that it is necessary for Meade to collect, process and use your data in order to perform the service and support obligations under these Terms and Conditions. Meade will protect your information in accordance with Meade Customer Privacy Policy available atˆàwww.Meade.com/privacy.html
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NOTICES TO CALIFORNIA CONSUMERS
- AN ESTIMATE FOR REPAIRS, AS REQUIRED (SECTION 9844 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE), SHALL BE GIVEN TO THE CUSTOMER BY THE SERVICE DEALER IN WRITING. THE SERVICE DEALER MAY NOT CHARGE FOR WORK DONE OR PARTS SUPPLIED IN EXCESS OF THE ESTIMATE WITHOUT THE PRIOR CONSENT OF THE CUSTOMER. WHERE PROVIDED IN WRITING THE SERVICE DEALER MAY CHARGE A REASONABLE FEE FOR SERVICES PROVIDED IN DETERMINING THE NATURE OF THE MALFUNCTION IN PREPARATION OF A WRITTEN ESTIMATE FOR REPAIR. FOR INFORMATION, CONTACT THE BUREAU OF ELECTRONIC AND APPLIANCE REPAIR, DEPARTMENT OF CONSUMER AFFAIRS, SACRAMENTO , CA 95814 .
- A BUYER OF THIS PRODUCT IN CALIFORNIA HAS THE RIGHT TO HAVE THIS PRODUCT SERVICED AND REPAIRED DURING THE WARRANTY PERIOD. THE WARRANTY PERIOD WILL BE EXTENDED FOR THE NUMBER OF WHOLE DAYS THAT THE PRODUCT HAS BEEN OUT OF THE BUYER'S HANDS FOR WARRANTY REPAIRS. IF A DEFECT EXISTS DURING THE WARRANTY PERIOD, THE WARRANTY WILL NOT EXPIRE UNTIL THE DEFECT HAS BEEN FIXED. THE WARRANTY PERIOD ALSO WILL BE EXTENDED IF THE WARRANTY REPAIRS HAVE NOT BEEN PERFORMED DUE TO DELAYS CAUSED BY CIRCUMSTANCES BEYOND THE CONTROL OF THE BUYER, OR IF THE WARRANTY REPAIRS DID NOT REMEDY THE DEFECT AND THE BUYER NOTIFIES THE MANUFACTURER OR SELLER OF THE FAILURE OF THE REPAIRS WITHIN SIXTY (60) DAYS AFTER THEY WERE COMPLETED. IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE DEFECT HAS NOT BEEN FIXED, THE BUYER MAY RETURN THIS PRODUCT FOR A REPLACEMENT OR A REFUND SUBJECT, IN EITHER CASE, TO DEDUCTION OF A REASONABLE CHARGE FOR USAGE. THE TIME EXTENSION DOES NOT AFFECT THE PROTECTION OR REMEDIES THE BUYER HAS UNDER OTHER LAWS.
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