Product Warranty and Software License: Original Xbox 360 Console

Xenon Arcade India English X116585807

WARRANTY AND RETURN INFORMATION

Australia Warranty

PLEASE READ THIS LIMITED WARRANTY

CAREFULLY TO UNDERSTAND YOUR

RIGHTS AND OBLIGATIONS!

LIMITED WARRANTY

NOTE: You may have rights as a consumer under applicable law(s). This Limited Warranty does not affect those rights. See Section D – Consumer Rights for more information regarding your rights as a consumer.

The term “Xbox 360 Video Game System console” means the “Xbox 360 video game and entertainment system” and “Xbox 360 Core System”.

The term “Xbox Product” means: 1) the Microsoft Xbox 360 Video Game System console, including (when considered as a whole) its hardware and the Microsoft software stored on the separate Xbox 360 hard disk and embedded in microprocessors within the Xbox 360 console (the “Xbox 360 Console”); and 2) “Microsoft” brand Xbox 360 compatible accessory devices manufactured by or for Microsoft, whether included with the Xbox 360 Video Game System or purchased separately (“Xbox Accessories”).

A. WARRANTIES.

THIS WARRANTY EXTENDS TO THE ORIGINAL PURCHASER ONLY

  • Express Warranty. Subject to the terms and conditions of this Limited Warranty, Microsoft warrants to you only (the original purchaser), that under normal use and service, the Xbox Product will substantially conform with the accompanying printed user instruction materials for a period of 12 months (three years for conditions that cause three lights on the ring of light on the front of the Console to flash red) for the Xbox 360 Console and 90 days for the Xbox 360 Accessories starting as of the date of your sales receipt (the “Warranty Period”).
  • Implied Warranty. You may also have an implied warranty and/or condition under the laws of some jurisdictions, which is hereby limited to the duration of the Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the foregoing limitation may not apply to you.

As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind.

B. OBTAINING WARRANTY SERVICE.

To receive instructions for obtaining repair or replacement warranty services you must call:

Within Australia: 1 800 555 741

You must also:

  • Submit proof of purchase in the form of a dated receipt or invoice (or a copy) evidencing that your request for service is made within the Warranty Period.
  • Follow Microsoft’s instructions if it determines that all or part of your Xbox Product requires return for repair or replacement. Microsoft will instruct you where to take the Xbox Product in your area.
  • Delete or remove any files or data you consider private or confidential prior to sending the Xbox Product to Microsoft.
  • Return the Xbox Product in suitable packaging that provides an adequate degree of protection against damage during transit, to the location specified by Microsoft. Except as otherwise required by legislation in your jurisdiction, costs associated with transport (including packaging) for warranty service shall be at your expense.

Failure to follow the above instructions may result in delays, cause you to incur additional charges, or may void your warranty.

C. EXCLUSIVE REMEDY.

During the Warranty Period, and subject to applicable law, Microsoft will, at its option and as your exclusive remedy for breach of this Limited Warranty or any implied warranties:

  • Repair or replace a defective Xbox Product.
  • Following return of your Xbox Product, make payment to you for the allowable damages that you incur in reasonable reliance but only up to the amount of the purchase price that you paid for your Xbox Product. This refund may include a deduction for depreciation based on your actual use.
  • Any replacement parts or Xbox Product will be new or refurbished or serviceably used, comparable in function and performance to the original part or Xbox Product and warranted for the remainder of the original Warranty Period or 30 days from the date of shipment of the Xbox Product back to you, whichever is longer.
  • YOU AGREE THAT MICROSOFT IS NOT LIABLE TO YOU FOR ANY LOSS OF YOUR DATA RESULTING FROM MICROSOFT ’S REPAIR OR REPLACEMENT OF YOUR XBOX PRODUCT.
  • After the Warranty Period has expired, Microsoft may charge you a fee for its efforts to diagnose and service any Xbox Product-related problems.
  • Microsoft will use commercially reasonable efforts to diagnose and attempt to correct, or suggest solutions for, Xbox Product defects that are covered by this Limited Warranty.

MICROSOFT DOES NOT PROVIDE ANY WARRANTIES REGARDING ITS WARRANTY SERVICES AND, EXCEPT FOR THE PRECEEDING SENTENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DISCLAIMS ALL DUTIES (IF ANY) OF WORKMANLIKE EFFORT OR OF LACK OF NEGLIGENCE.

D. CONSUMER RIGHTS

You may have the benefits of certain rights or remedies pursuant to the Trade Practices Act 1974 (Cth) and similar State and Territory laws in Australia in respect of which liability may not be excluded or restricted.

The provisions of this Limited Warranty are subject to, and do not affect, these rights and remedies.

E. NO OTHER WARRANTIES.

The express warranty stated in Section A above is the only express warranty made to you and (subject to applicable law) is provided in lieu of all other express or implied warranties and conditions (if any) including any created by any other documentation or packaging. No other warranties or conditions are made with respect to the Xbox Product or the warranty services by any person, including but not limited to Microsoft and its suppliers. No information (oral or written) or suggestions made by Microsoft, its agents or suppliers or its or their employees, shall create a warranty or condition or expand the scope of this Limited Warranty. Also, there is no warranty or condition of title, quiet enjoyment, or noninfringement in the Xbox Product. You may have greater rights existing under applicable laws. Where any term of this Limited Warranty is prohibited by such laws it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect.

F. EXCLUSIONS FROM LIMITED WARRANTY.

This Limited Warranty shall not apply and Microsoft has no liability under this Limited Warranty if the Xbox Product:

  • is used with products not sold or licensed by Microsoft (including, but not limited to, supply sources) or which are otherwise not compatible;
  • is used for commercial purposes (including rental or lease);
  • is modified or tampered with;
  • is damaged by act of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication or other causes unrelated to defective materials or workmanship;
  • serial number is defaced, altered or removed;
  • is damaged by programs, data, viruses, or files or during shipments;
  • is not used in accordance with the accompanying documentation and use instructions; or
  • is repaired, modified or altered by other than Microsoft authorised repair centers.

This Limited Warranty does not cover your data, any separate software or Xbox games whether or not packaged or included with the Xbox Product, or any Xbox accessories or peripheral devices that are not manufactured by or for Microsoft.

G. EXCLUSION OF CONSEQUENTIAL, INCIDENTA L AND CERTAIN OTHER DAMAGES and LIMITATION OF LIABILITY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MICROSOFT IS NOT LIABLE FOR ANY:

(i) CONSEQUENTIAL OR INCIDENTAL DAMAGES;

(ii) DAMAGES OR LOSS OF ANY NATURE WHATSOEVER RELATING TO LOST PROFITS, LOSS OF DATA OR PRIVACY OR CONFIDENTIALITY, ANY INABILITY TO USE ALL OR PART OF THE XBOX PRODUCT, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT); OR

(iii) INDIRECT, SPECIAL, OR PUNITIVE DAMAGES; ARISING OUT OF RELATING IN ANY WAY TO THE XBOX PRODUCT. THE FOREGOING APPLIES EVEN IF MICROSOFT OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON AND EVEN IF ANY 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 you.

H. ADDITIONAL CONDITIONS.

  • The software included in the Xbox Product is licensed to you, not sold. You are licensed to use such software only in your Xbox Product and you may not reverse engineer it, except as expressly permitted by applicable law notwithstanding this limitation.
  • Your Xbox Product and its internal components are new pursuant to industry standards, unless otherwise indicated on the Xbox Product retail packaging as “Refurbished”.
  • You agree to comply with all applicable export laws and regulations if you export the Xbox Product outside Australia.
  • This Limited Warranty applies to the original purchaser only and may not be assigned or transferred. However, some jurisdictions extend the protection of implied warranties to subsequent consumers and therefore this limitation may not apply to you.

I. GOVERNING LAW.

This Limited Warranty is valid only in Australia and is governed by and is to be construed in accordance with the laws applicable in New South Wales.

J. QUESTIONS?

Please call 1 800 555 741 within Australia.

This Limited Warranty gives you specific legal rights, and you may also have other rights under applicable law.

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