Waves Inc. (“Waves”) is pleased to offer the following limited warranty (the “Limited Warranty”) for the Waves product you purchased, which was designed and manufactured to be used only in professional audio systems and is not intended for other use (the “Product”).
The binding language of this Limited Warranty is English. If you received a version of this Limited Warranty in a language other than English it has no binding effect. No Waves dealer, reseller, agent, or employee is authorized to make any modification, extension, revision, or addition to this Limited Warranty.
IMPORTANT: BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY. Please read this Limited Warranty thoroughly.
What This Limited Warranty Covers and for How Long
Waves warrants that for one (1) year from the date of original purchase of the Product from Waves or a Waves authorized dealer (the “Limited Warranty Period”), the Product is warranted to be free from malfunctions caused by defects in materials or workmanship under Normal Use Conditions.
PLEASE RETAIN A COPY OF YOUR RECEIPT AS PROOF OF PURCHASE. The Limited Warranty may be transferred from the original purchaser to any assignee and will remain in effect for the entire Limited Warranty Period.
“Normal Use Conditions” means ordinary use under normal conditions according to the Product’s instruction manual, Specifications, and any other written support documentation provided for the Product by Waves. “Specifications” means the minimum technical specification and configuration that must be met for the Product.
Contact us here about your options for obtaining service or parts for your Product following the expiration of the Limited Warranty Period, or for issues not covered under the Limited Warranty.
What This Limited Warranty Does Not Cover
This Limited Warranty covers only the Product you purchased and does not cover or apply to any software you licensed for use with the Product. Any warranty covering or applying to licensed software for use with the Product is set out in the license agreement for such software.
This Limited Warranty does not apply: (a) to a Product not purchased from Waves or an authorized Waves dealer; (b) to consumable parts, such as batteries or protective coatings; (c) to cosmetic defects, including but not limited to scratches, dents or broken plastic, unless the cosmetic defect results from a defect in materials or workmanship in the Product covered under this Limited Warranty; (d) to a Product that has been modified to alter its functionality or capability without Waves’ prior written permission; (e) if any serial number has been removed from the Product or defaced; or (f) if the Product has been stolen.
Additionally, this Limited Warranty does not apply to defects caused by (a) an external cause (including but not limited to dropping the Product, exposing the Product to harmful materials, chemicals, and/or liquids, or using the Product in an area with inadequate ventilation); (b) using the Product with a third party component or product that does not meet the Specifications or by connecting the Product to an improper power supply; (c) operating the Product outside the usage parameters stated in the Product’s user documentation; (d) servicing of the Product (including but not limited to upgrades and expansions) performed by anyone who is not a Waves’ certified representative; (e) virus infection, hacking, cracking, or other malware; (f) normal wear and tear or otherwise due to the normal aging of the Product; or (g) a Force Majeure event (such as, but not limited to, an earthquake, hurricane, flood, tornado, fire, extreme cold, or terrorist act).
Waves does not in any circumstance guarantee that your use of the Product will be uninterrupted, timely, secure, or error-free, including when the Product is used during a live performance, or that data loss will not occur. WAVES AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER INFORMATION CONTAINED IN THE STORAGE MEDIA OR ANY OTHER PART OF THE PRODUCT AND/OR FOR ANY INTERRUPTIONS OR DELAYS AFFECTING THE PRODUCT’S CONTINUOUS OPERATION (INCLUDING WHEN THE PRODUCT IS USED DURING LIVE PERFORMANCES) EVEN IF SUCH LOSS, INTERRUPTION OR DELAY RESULT FROM A DEFECT IN MATERIALS OR WORKMANSHIP OTHERWISE COVERED UNDER THIS LIMITED WARRANTY. You should make periodic backup copies of all data contained on your Product storage media to protect the contents and as a precaution against such loss.
How to Obtain Limited Warranty Service
Please access and review our online support resources before seeking Limited Warranty service. If your Product still does not function properly after consulting these resources, please contact a Waves representative here. You will be asked to provide your full name, address, telephone number, a copy of the Product’s original purchase receipt, and a detailed description of the problem. Waves may require you to furnish additional details, respond to questions designed to assist with diagnosing potential issues, and follow Waves’ procedures for obtaining Limited Warranty service. A Waves representative will determine whether your Product is entitled to coverage under this Limited Warranty. If the Product qualifies, Waves will provide you with a Return Authorization (RA) number.
Before returning your Product to Waves for Limited Warranty service, you should make a separate backup copy of the contents of the Product’s storage media, remove all personal information you want to protect, and disable all security passwords. WAVES AND ITS AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF DATA OR OTHER INFORMATION CONTAINED IN THE STORAGE MEDIA OR ANY OTHER PART OF THE PRODUCT REURNED TO WAVES FOR SERVICING UNDER THIS LIMITED WARRANTY.
Once you obtain the RA number, Waves will provide shipping instructions to the Waves repair center. Make sure to write the RA number in large letters on the outside of the shipping box.
Waves reserves the right to change the method and manner by which Waves provides Limited Warranty service to you, and your Product’s eligibility to receive a particular method of service. Waves is not responsible for any tariffs or duties that you may incur when shipping the Product to Waves or Waves’ agent. Shipping of the Product may be subject to export control restrictions of the country from which you are shipping the Product.
Waves’ Obligations Regarding the Product
If you ship your Product to Waves or Waves’ agent pursuant to the terms of this Limited Warranty and Waves determines that the Product qualifies for coverage under this Limited Warranty, Waves will, in its sole discretion, either repair or replace the Product.
Waves may, in its sole discretion, use new or refurbished parts to repair the Product or replace the Product with a new or refurbished Product. If Waves elects to replace the Product, Waves in its sole discretion may replace it with the same Product model or, if the same Product model is unavailable, with the model nearest to the original Product’s form, functionality, performance, and color.
Once repaired or replaced, your Product will be covered by this Limited Warranty for the remainder of the then applicable Limited Warranty Period or ninety (90) days after Waves ships the Product to you, whichever is longer. If a Product or a part in the Product is replaced, the replacement Product and/or part Waves ships to you becomes your property, and the original Product and/or part you shipped to Waves becomes Waves’ property.
WAVES’ RESPONSIBILITY TO REPAIR OR REPLACE YOUR PRODUCT AS SET FORTH IN THIS LIMITED WARRANTY, IS YOUR SOLE AND EXCLUSIVE REMEDY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, WAVES’ AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PURCHASE OF YOUR PRODUCT SHALL ALWAYS BE LIMITED TO NO MORE THAN THE PRICE FOR WHICH YOU PURCHASED THE PRODUCT FROM WAVES OR AN AUTHORIZED WAVES DEALER.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. WAVES SPECIFICALLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WAVES LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS LIMITED WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE.
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, WAVES IS NOT RESPONSIBLE, UNDER ANY LEGAL THEORY, FOR DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE PRODUCT AND/OR THIS LIMITED WARRANTY OR RESULTING THEREOF, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE PRODUCT AND/OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE PRODUCT.
WITHOUT DEROGATING FROM THE FOREGOING, WAVES SPECIFICALLY DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS LIMITED WARRANTY OR REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF DATA STORED IN THE PRODUCT.
THE FOREGOING LIMITATIONS APPLY EVEN IF WAVES HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY PROVISION IN THIS LIMITED WARRANTY SHOULD BE HELD ILLEGAL OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, SUCH PROVISION SHALL BE MODIFIED TO THE EXTENT NECESSARY TO RENDER IT ENFORCEABLE WITHOUT LOSING ITS INTENT. THE OTHER PROVISIONS OF THIS LIMITED WARRANTY SHALL REMAIN IN FULL FORCE AND EFFECT.
The foregoing limitations shall not apply to death or personal injury claims, or any statutory liability for intentional acts and/or omissions. Be aware that certain states/countries/regions’ laws may prohibit some of the above exclusion/limitation, and to the extent such laws (if any) apply to this limited warranty, such limitations or exclusions may be of limited effect, or not apply to you.
Law and Jurisdiction
THIS LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND EXPRESSLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, OR THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (UCITA).
EACH PARTY TO THIS LIMITED WARRANTY EXPRESSLY SUBMITS TO THE EXCLUSIVE JURISDICTION OF ALL FEDERAL AND STATE COURTS SITTING IN NEW YORK COUNTY, STATE OF NEW YORK, UNITES STATES OF AMERICA, TO THE EXCLUSION OF ANY OTHER COURT IN ANY OTHER JURISDICTION, IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY OR SUCH PARTY’S OBLIGATIONS HEREUNDER.
EACH PARTY HEREBY IRREVOCABLY WAIVES, TO THE EXTENT PERMITTED BY LAW, (I) ALL RIGHTS TO TRIAL BY JURY OF ANY DISPUTE ARISING UNDER OR RELATING TO THIS LIMITED WARRANTY AND AGREES THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE SITTING WITHOUT A JURY AND (II) ANY RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION IN ANY ACTION, PROCEEDING, OR COUNTER-CLAIM ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.
Effective as of 1 February 2025.