Warranty Terms & Conditions
HOBBS FLYER'S AVIATION HEADSET WARRANTY IS LIMITED TO THE ORIGINAL PURCHASER AND COVERS DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF TWO (2) YEARS FROM DATE OF ORIGINAL PURCHASE. THE WARRANTY IS VOID IF THE EQUIPMENT HAS BEEN SUBJECTED TO NEGLIGENCE, MISUSE OR ACCIDENT, OR IF IT HAS BEEN TAMPERED WITH, OR ALTERED IN ANY WAY. ALL PRODUCTS MUST BE SHIPPED TO OUR ADDRESS, FREIGHT PREPAID. EMAIL TEAM@HOBBSFLYER.COM WITH A COPY OF YOUR DATED SALES RECEIPT AND A DETAILED DESCRIPTION OF THE PROBLEM TO INITIATE A WARRANTY CLAIM. THIS WARRANTY DOES NOT EXTEND TO ANY OTHER EQUIPMENT OR AIRCRAFT TO WHICH THIS PRODUCT MAY BE ATTACHED OR CONNECTED. HOBBS FLYER TWO YEAR WARRANTY DOES NOT COVER USED PRODUCTS. FOR MORE DETAILS REFER TO THE FULL DETAILED WARRANTY TERMS AND CONDITIONS BELOW.
Detailed Warranty Terms and Conditions
LIMITED WARRANTY FOR USED PRODUCTS
HOBBS FLYER WARRANTS THAT ALL USED PRODUCTS SOLD BY HOBBS FLYER ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF 90 DAYS FROM THE DATE OF PURCHASE. IF A DEFECT ARISES WITHIN THIS PERIOD, HOBBS FLYER WILL, AT ITS SOLE DISCRETION, REPAIR OR REPLACE THE PRODUCT WITH A FUNCTIONALLY EQUIVALENT ITEM.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOBBS FLYER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOBBS FLYER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT.
THIS WARRANTY IS NON-TRANSFERABLE AND APPLIES ONLY TO THE ORIGINAL PURCHASER. WARRANTY CLAIMS MUST BE SUBMITTED WITH PROOF OF PURCHASE. THIS WARRANTY DOES NOT COVER DAMAGE RESULTING FROM MISUSE, NEGLECT, UNAUTHORIZED MODIFICATIONS, ACCIDENTS, OR NORMAL WEAR AND TEAR.
LIMITED WARRANTY FOR HEADSET PARTS AND CABLES
HOBBS FLYER WARRANTS THAT ALL HEADSET PARTS AND CABLES DESIGNED AND MANUFACTURED BY HOBBS FLYER ARE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE. THIS WARRANTY APPLIES TO:
- HEADSET PARTS AND CABLES DESIGNED AND MANUFACTURED BY HOBBS FLYER FOR HOBBS FLYER HEADSETS.
- PARTS MADE BY HOBBS FLYER FOR OTHER HEADSET BRANDS, INCLUDING BUT NOT LIMITED TO BOSE, LIGHTSPEED, DAVID CLARK, AND OTHER PILOT HEADSETS.
- PARTS DESIGNED AND MANUFACTURED BY HOBBS FLYER AND PILOT HARDWEAR.
IF A DEFECT ARISES WITHIN THIS PERIOD, HOBBS FLYER WILL, AT ITS SOLE DISCRETION, REPAIR OR REPLACE THE DEFECTIVE PRODUCT WITH A FUNCTIONALLY EQUIVALENT ITEM.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOBBS FLYER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOBBS FLYER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT.
THIS WARRANTY IS NON-TRANSFERABLE AND APPLIES ONLY TO THE ORIGINAL PURCHASER. WARRANTY CLAIMS MUST BE SUBMITTED WITH PROOF OF PURCHASE. THIS WARRANTY DOES NOT COVER DAMAGE RESULTING FROM MISUSE, NEGLECT, UNAUTHORIZED MODIFICATIONS, ACCIDENTS, OR NORMAL WEAR AND TEAR.
LIMITED WARRANTY FOR HEADSET REPAIR SERVICES
HOBBS FLYER WARRANTS THAT ALL HEADSET REPAIR SERVICES PERFORMED BY HOBBS FLYER ARE FREE FROM DEFECTS IN WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF SERVICE. IF A REPAIRED COMPONENT FAILS DUE TO DEFECTIVE WORKMANSHIP WITHIN THIS PERIOD, HOBBS FLYER WILL, AT ITS SOLE DISCRETION, REPAIR OR REPLACE THE AFFECTED COMPONENT AT NO CHARGE TO THE CUSTOMER.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOBBS FLYER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOBBS FLYER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE REPAIR SERVICES PROVIDED.
THIS WARRANTY DOES NOT COVER FAILURES OR DAMAGE RESULTING FROM MISUSE, NEGLECT, NORMAL WEAR AND TEAR, UNAUTHORIZED MODIFICATIONS, IMPROPER INSTALLATION, OR DAMAGE CAUSED BY ISSUES UNRELATED TO THE REPAIR SERVICE PERFORMED. THIS WARRANTY IS NON-TRANSFERABLE AND APPLIES ONLY TO THE SPECIFIC REPAIR SERVICES PERFORMED BY HOBBS FLYER.
WARRANTY CLAIMS MUST BE SUBMITTED WITH PROOF OF SERVICE.
HOBBS FLYER NEW HEADSET TWO (2) YEAR LIMITED WARRANTY
Hobbs Flyer, LLC. (“Hobbs Flyer”) warrants that new Hobbs Flyer branded aviation headset sold by Hobbs Flyer (“New Headset”) is free from all material defects in workmanship and materials. For the New Headset, all warranties provided by Hobbs Flyer and all implied warranties imposed by law are limited to a 2-Year period, beginning on the purchase date shown on the New Headset’s sales receipt (“Warranty Period”). This 2-Year Limited Warranty (“Limited Warranty”) is provided solely for the benefit of the initial purchaser of the New Headset (“Purchaser”), and it excludes all 3rd parties, including distributors, dealers, retailers, subsequent owners, and other users of the New Headset. This Limited Warranty is not assignable and remains in full force and effect during the Warranty Period, but only if the New Headset: (a) has been properly maintained; (b) has not been abused or misused; and (c) has not been repaired, altered, or modified without Hobbs Flyer’s written approval. This Limited Warranty specifically excludes all taxes, shipping costs, and problems relating to any: (1) repair, alteration, or modification not approved by Hobbs Flyer; (2) abuse or failure to properly maintain the New Headset; (3) faulty workmanship by any person, except Hobbs Flyer or its approved agent; (4) operation of the New Headset, except as specified in its operating manual; (5) ordinary wear and tear; or (6) finish and appearance item. For each claim made under this Limited Warranty (“Claim”), Purchaser must, within 10 days of discovering a new Headset problem indicating a breach of this Limited Warranty, deliver to Hobbs Flyer a written notice that explains in detail the New Headset’s specific defect, that shows proof of Purchaser’s purchase of the New Headset before the end of the Warranty Period, and that shows proof that this Limited Warranty applies to the New Headset. Hobbs Flyer or its agent may investigate any Claim. For each Claim, Hobbs Flyer may, in its sole discretion, choose any of the following exclusive remedies: (I) repair or replace the New Headset or any part thereof with same or similar Headset, without charge to Purchaser, but first Purchaser must return the Headset to Hobbs Flyer’s authorized repair facility, pre-paying all shipping charges, or (II) refund the New Headset’s purchase price (less 2-year pro-rated cost) to Purchaser. Without paying any amount to Purchaser, Hobbs Flyer may discard all replaced New Headsets and parts thereof and all New Headsets where Hobbs Flyer has refunded the pro-rated purchase price to Purchaser. In repairing or replacing any New Headset, Hobbs Flyer may, in its sole discretion, use new, used, or reconditioned parts or provide a refurbished used headset as a replacement. In connection therewith, Hobbs Flyer warrants that all new, used, or reconditioned parts or refurbished used headsets will be free from all material defects in workmanship and materials during the Warranty Period and for a period of up to 90 days thereafter. Hobbs Flyer may, in its sole discretion, (i) establish separate, additional, non-warranty repair and replacement programs for any new or used headset (“Non-Warranty Service Programs”), (ii) the Non-Warranty Service Programs may cover any time period, before or after any Warranty Period has expired, and (iii) charge any amount and impose any term with respect to any Non-Warranty Service Program. For Non-Warranty Service Programs, Hobbs Flyer warrants that all new, used, reconditioned, or refurbished parts used to repair or replace any headset will be free from all material defects in workmanship and materials for a limited period of 90 days thereafter. Purchaser acknowledges that used or reconditioned parts may be used to repair any new or used headset, and that a refurbished used headset may be provided as a replacement for any new or used headset. Hobbs Flyer may hire a 3rd party to repair or replace any new or used headset. Headset soft goods, including ear seals, mic muffs, and consumables are NOT covered by any Hobbs Flyer warranty. “Including” means “including, but not limited to.”
THE TERMS IN THIS DOCUMENT ARE THE ONLY TERMS THAT GOVERN HOBBS FLYER’S WARRANTY OBLIGATIONS FOR ANY NEW OR USED HEADSET OR PART THEREOF. NO ORAL OR OTHER WRITTEN TERM APPLIES. THIS DOCUMENT PROVIDES THE EXCLUSIVE REMEDY FOR ALL CLAIMS AGAINST HOBBS FLYER WITH RESPECT TO ANY NEW OR USED HEADSET OR PART THEREOF. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THIS LIMITED WARRANTY, HOBBS FLYER RESERVES THE RIGHT TO MODIFY, AT ANY TIME AND FROM TIME TO TIME IN ITS SOLE DISCRETION, ANY AND ALL TERMS IN THIS LIMITED WARRANTY. EACH SUCH MODIFICATION IS DEEMED EFFECTIVE UPON PUBLICATION ON HOBBS FLYER’S WEBSITE OR OTHERWISE.
TO THE EXTENT ALLOWED BY LAW: HOBBS FLYER DISCLAIMS AND PROVIDES THIS LIMITED WARRANTY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HOBBS FLYER IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL, LOST PROFITS, OR SIMILAR DAMAGES CLAIMED UNDER ANY STATUTE OR LEGAL OR EQUITABLE THEORY. HOBBS FLYER’S TOTAL LIABILITY FOR ALL CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHER CLAIMS ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR ANY HEADSET OR PART THEREOF IS LIMITED TO $1,000. SOME STATES DO NOT ALLOW THE LIMITATION OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MIGHT NOT APPLY TO PURCHASER. THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS, AND PURCHASER MIGHT HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
GOVERNING LAW: This non-transferrable limited warranty shall be governed by the law of the State of Minnesota, U.S.A., and by the laws of the United States of America, excluding their conflicts of laws principles. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this non-transferrable limited warranty.
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WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT
BY PURCHASING, USING, OR INSTALLING ANY PRODUCT, SERVICE, OR REPAIR PROVIDED BY HOBBS FLYER, YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS:
WAIVER OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOBBS FLYER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE, MISUSE, INSTALLATION, OR PERFORMANCE OF ANY HOBBS FLYER PRODUCT, SERVICE, OR REPAIR, INCLUDING BUT NOT LIMITED TO DAMAGE TO HEADSETS, ELECTRONIC EQUIPMENT, AIRCRAFT SYSTEMS, OR OTHER PROPERTY, OR ANY INJURY OR HARM TO PERSONS.
HOBBS FLYER MAKES NO GUARANTEES REGARDING THE COMPATIBILITY OF ITS PRODUCTS OR SERVICES WITH ANY SPECIFIC HEADSET OR DEVICE UNLESS EXPRESSLY STATED. USE OF HOBBS FLYER PRODUCTS AND SERVICES IS AT THE CUSTOMER’S OWN RISK.
ASSUMPTION OF RISK
BY PURCHASING AND USING PRODUCTS, SERVICES, OR REPAIRS PROVIDED BY HOBBS FLYER, YOU VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THEIR USE, INCLUDING BUT NOT LIMITED TO RISKS OF EQUIPMENT FAILURE, IMPROPER INSTALLATION, OR PRODUCT INCOMPATIBILITY.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HOBBS FLYER, ITS OWNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR RELATED TO:
- YOUR USE OR MISUSE OF HOBBS FLYER PRODUCTS OR SERVICES;
- ANY FAILURE TO FOLLOW INSTALLATION, OPERATION, OR SAFETY INSTRUCTIONS PROVIDED BY HOBBS FLYER;
- ANY MODIFICATIONS OR ALTERATIONS TO HOBBS FLYER PRODUCTS OR REPAIRS NOT PERFORMED BY HOBBS FLYER;
- ANY DAMAGE TO PROPERTY OR INJURY TO PERSONS RESULTING FROM THE USE OF HOBBS FLYER PRODUCTS OR SERVICES;
- ANY VIOLATION OF APPLICABLE LAWS OR REGULATIONS ARISING FROM THE USE OF HOBBS FLYER PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL HOBBS FLYER’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE IN QUESTION.
SEVERABILITY
IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
ACKNOWLEDGMENT
BY PURCHASING, INSTALLING, OR USING ANY HOBBS FLYER PRODUCT OR SERVICE, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS OF THIS WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE HOBBS FLYER PRODUCTS OR SERVICES.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA USA, WITHOUT REGARD TO ITS CONFLICT OF LAW PRINCIPLES.