Warranty

Motion Pro II Racing Simulator.
Two year (730) day limited warranty.

Warranty Coverage

CXC Simulations’ warranty obligations are limited to the terms set forth below:

CXC Simulations warrants this hardware part against defects in materials and workmanship under normal use for a period of TWO YEAR (730) DAYS from the date of retail purchase by the original end-user purchaser (the “Warranty Period”). Additional warranties may apply to specific subcomponent parts of the Simulator based upon warranty cards included herewith. CXC Simulations does not provide any warranty whatsoever, express or implied, with respect to normal wear and tear, accidents, acts of God, viruses, self-installed software, after-market products, modified CXC Simulations products (except those which were modified by CXC Simulations) or on any item, including software, hardware or component parts, not manufactured by or for CXC Simulations, and other exceptions as set forth below. All warranties become null and void if the hardware component is opened for any reason, including for attempts at repair, unless performed by the manufacturer or as directed by and under the supervision of CXC Simulations. If a warranty defect arises and a valid claim is received by CXC Simulations within the Warranty Period, CXC Simulations will, in its sole and unfettered discretion, and at its sole option, either (1) exchange the part with a new, used or refurbished part that is at least functionally equivalent to the original part, or (2) refund the purchase price of the part. A replacement part shall have the warranty remaining on the original part. When a part is exchanged, any replacement item becomes your property and the replaced item becomes CXC Simulations’ property. When a refund is given, the part(s) for which the refund is provided becomes property of CXC Simulations.

Exclusions and Limitation

This Limited Warranty applies only to software developed by or for, and hardware parts manufactured by or for CXC Simulations. The Limited Warranty does not apply to any modifications of any kind, including the modification, alteration, addition or removal of any hardware part or any software added by the retailer, consumer or end user, even if packaged or sold with CXC Simulations hardware. Manufacturers and suppliers other than CXC Simulations may provide their own warranties, but CXC Simulations, to the extent permitted by law, provides its parts on an “as is” basis. Self-installed software, including without limitation system software, is not covered under this Limited Warranty. Simulator software is covered by a software warranty issued by the manufacturer thereof. CXC Simulations does not separately warranty any software. CXC Simulations does not warrant that the operation of the part will be continuous or entirely free of defects or errors. CXC Simulations is not responsible for any damage arising from failure to follow instructions relating to the part’s use. This warranty does not apply:

(a) to damage caused by products not manufactured by CXC Simulations;
(b) to damage caused by normal wear and tear, accident, abuse, misuse, flood, fire, earthquake or other external causes, including acts of God;
(c) to damage caused by operating the part outside the permitted uses described by CXC Simulations;
(d) to damage caused by alterations, modifications or adjustments to the product or its subcomponent parts, or by service (including upgrades and expansions) performed by anyone who is not a representative of CXC Simulations;
(e) to a part that has been altered, modified or adjusted such that it produces a change in the functionality or capability of the product in any way;
(f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship;
(g) if any serial number has been removed or defaced;
(h) to retailers;
(i) if the product is made available for general, mass, public or commercial use, whether or not for profit or in exchange for any other benefit conferred;
or (j) if the hardware has been opened for any reason, including for attempts at repair, except those performed by the manufacturer or as directed by and under the supervision of CXC Simulations.

To the extent permitted by law, this warranty and remedies set forth above are exclusive and in lieu of all other warranties, remedies and conditions, whether oral or written, statutory, express or implied. To the extent permitted by law, CXC Simulations specifically disclaims any and all statutory or implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose and warranties against hidden or latent defects. As to statutory or implied warranties that CXC Simulations cannot lawfully disclaim, To the extent permitted by law, all such warranties shall be limited in duration to 90 days, and to all conditions stated herein. No CXC Simulations reseller, agent, or employee is authorized to modify, extend or add in any way to this limited warranty. To the extent permitted by law, CXC Simulations is not responsible for any direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory, including but not limited to loss of revenue, loss of actual or anticipated profits (including loss of profits on contracts), loss of the use of money, loss of anticipated savings, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of, damage to or corruption of data or any indirect or consequential loss or damage howsoever caused, including the replacement of equipment and property, any costs of recovering, programming, or reducing any program or data. The foregoing limitation shall not apply to death or personal injury claims. CXC Simulations does not represent that it will be able to repair any part under this warranty or make a part exchange without risk to or loss of the programs or data.

Consumer Protection Laws

This warranty does not exclude, limit or suspend any consumer rights arising out of nonconformity with a sales contract. The limitations or exclusions described below may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or limitations on the duration of an implied warranty or condition. This warranty gives you specific legal rights. You may also have other rights. This limited warranty is governed by and construed under the laws of the United States, which is deemed to be the country in which the product purchase took place.

Obtaining Warranty Service

If a part is not functioning properly, please immediately discontinue use and contact the manufacturer and CXC Simulations (contact page or [email protected]). Delay in contacting CXC Simulations may result in the warranty expiring before arrangements for repair, replacement or refund are made.

Warranty service applies to parts that are tendered or presented for service during the Warranty Period, as permitted by law. Service options, parts availability and response times may vary. Subject to applicable law, you will be required to furnish proof of purchase before receiving warranty service. Warranty service may be restricted to the United States. You may be responsible for shipping and handling charges for repair, replacement or refund for products located outside of the United States.