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f. Any accessories including but not limited to disposable alkaline batteries,
removable fuses, screen protectors, plugs and pouches.
g. Any defect occurring after the expiration of the Warranty Period or where
Creative was not advised in writing of an alleged defect or malfunction within
seven (7) days after the expiration of the Warranty Period.
10. Any Product determined by Creative to be warranty-expired, warranty-void or not in
need of repair will be subject to a minimum non-refundable diagnostic and handling
fee. In the event that You fail to make the payment, Creative may, at its sole discretion,
dispose of the Product without notice and liability to You.
11. Subject to any non-excludable limit under applicable law, the maximum liability under
this limited warranty is the original price paid for the Product (excluding any shipping
and additional charges). Creative and its affiliated companies will not be liable for any
other losses or damage unless liability is non-excludable under applicable law. The
remedy stated is Your exclusive remedy for breach of warranty. Any action or lawsuit
for breach of this limited warranty must be commenced within eighteen (18) months
following the original purchase of the Product or within the limitation period under
applicable law.
12. INSOFAR AS PERMITTED BY LAW, THE PRODUCT AND THE SERVICED
PRODUCT IS PROVIDED "AS IS". TO THE EXTENT PERMITTED BY
APPLICABLE LAW, CREATIVE AND ITS AFFILIATED COMPANIES HEREBY
DISCLAIM THE APPLICABILITY OF ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE FOR
THE PRODUCT AND/OR THE SERVICED PRODUCT. CREATIVE AND ITS
AFFILIATED COMPANIES WILL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, SAVINGS, DATA, OR
LOSS OF USE, ANY THIRD PARTY CLAIMS, AND ANY INJURY TO PROPERTY
OR BODILY INJURY (INCLUDING DEATH) TO ANY PERSON, ARISING FROM
OR RELATING TO THE USE OF THE PRODUCT OR ARISING FROM BREACH
OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, TORT, OR
STRICT LIABILITY, EVEN IF CREATIVE OR ANY OF ITS AFFILIATED
COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. For Australia only: Our goods come with guarantees that cannot be excluded under the
Australian Consumer Law. You are entitled to a replacement or refund for a major failure
and for compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality
and the failure does not amount to a major failure. Goods presented for repair may be
replaced by refurbished goods of the same type rather than being repaired. Refurbished
parts may be used to repair the goods. (Creative Technology Ltd, 31 International
Business Park, #03-01 Creative Resource, Singapore 609921. Telephone: [phone]
(standard international call charges apply.))
14. This is the entire warranty and supersedes all prior and contemporaneous agreements or
understandings, oral or written, relating to warranty coverage for the Product, and no
representation, promise or condition not contained herein will modify these terms.