ATARI VCS AND ACCESSORIES LIMITED ONE (1) YEAR WARRANTY
(EFFECTIVE JULY 10, 2020)
IMPORTANT: BY USING YOUR ATARI PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE ATARI 1 YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN ATARI’S RETURN POLICY (FOUND AT https://atarivcs.com/terms/) TO ATARI OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, ATARI DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. ATARI 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, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ATARI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ATARI'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Atari VCS LLC (“Atari”) of 1209 Orange Street, Wilmington DE 19801., U.S.A. (“Atari”) warrants the Atari-branded hardware product and Atari-branded accessories contained in the original packaging (“Atari Product”) against defects in materials and workmanship when used normally in accordance with Atari's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"), not to exceed 15 months from the last day of the month the product was manufactured. Atari’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Atari branded hardware products or any software, even if packaged or sold with Atari hardware. Manufacturers, suppliers, or publishers, other than Atari, may provide their own warranties to you – please contact them for further information. Software distributed by Atari with or without the Atari brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Atari does not warrant that the operation of the Atari Product will be uninterrupted or error-free. Atari is not responsible for damage arising from failure to follow instructions relating to the Atari Product’s use.
This Warranty does not apply: (a) to protective coatings that are designed to diminish over time or batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to wood finishes, including damages which result from normal wear and tear, exposure to extremes in temperatures or humidity, and fading or discoloration to natural wood surfaces; (d) to damage caused by use with a third party component or product that does not meet the Atari Product’s specifications (Atari Product specifications are available at www.AtariVCS.com under the technical specifications for each product and also available in stores); (e) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (f) to damage caused by operating the Atari Product outside Atari’s published guidelines; (g) to damage caused by upgrades and expansions performed incorrectly; (h) to an Atari Product that has been modified to alter functionality or capability without the written permission of Atari; (i) to defects caused by normal wear and tear or otherwise due to the normal aging of the Atari Product; (j) if any serial number has been removed or defaced from the Atari Product; or (k) if Atari receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Atari Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).
Before receiving warranty service, Atari or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Atari's procedures for obtaining warranty service.
DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE ATARI PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN EVENT ATARI AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE ATARI PRODUCT SERVICED.
Following warranty service your Atari Product or a replacement device will be returned to you as your Atari Product was configured when originally purchased, subject to applicable updates. Atari may install system software updates as part of warranty service that will prevent the Atari Product from reverting to an earlier version of the system software. Third party applications installed on the Atari Product may not be compatible or work with the Atari Product as a result of the system software update. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL ATARI DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Atari in accordance with this warranty, Atari will, at its option:
(i) repair the Atari Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Atari Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Atari Product for a refund of your purchase price.
Atari may request that you replace certain user-installable parts or Atari Products. A replacement part or Atari Product, including a user-installable part that has been installed in accordance with instructions provided by Atari, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an Atari Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Atari's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Atari Product is still not functioning properly after making use of these resources, please contact an Atari representative using the information provided below. An Atari representative will help determine whether your Atari Product requires service and, if it does, will inform you how Atari will provide it. When contacting Atari via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Atari will provide warranty service through one or more of the following options:
(i) Mail-in service. If Atari determines that your Atari Product is eligible for mail-in service, Atari will send you instructions on how to properly pack and address your Atari product. Instructions may be sent to you via email or in hard copy. You are responsible for selecting a shipping method and payment for shipping of the Product to Atari. Once service is complete, the Atari Product will be returned to you. Atari will pay for return shipping to your location if all instructions regarding the method of packaging and shipping the Atari Product back for service were followed.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Atari Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Atari requires return of the replaced Atari Product or part. Atari may require a credit card authorization as security for the retail price of the replacement Atari Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Atari will offer alternative arrangements for service. Atari will ship a replacement Atari Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Atari Product or part. If you follow the instructions, Atari will cancel the credit card authorization, so you will not be charged for the Atari Product or part and shipping to and from your location. If you fail to return the replaced Atari Product or part as instructed or return a replaced product or part that is ineligible for service, Atari will charge your credit card for the authorized amount.
(b) Service where Atari does not require return of the replaced Atari Product or part. Atari will ship you free of charge a replacement Atari Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Atari Product or part.
(c) Atari is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Atari at the telephone number listed below.
Atari reserves the right to change the method by which Atari may provide warranty service to you, and your Atari Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Atari Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Atari may repair or replace Atari Products and parts with comparable Atari Products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATARI IS NOT RESPONSIBLE FOR 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 USE; 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, COMPROMISE 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 REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE ATARI PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE ATARI PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. ATARI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY ATARI PRODUCT UNDER THIS WARRANTY OR REPLACE THE ATARI PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE ATARI PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Atari reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
GOVERNING LAW AND JURISDICTION
Any dispute or claim by you arising out of or related to these Terms shall be governed by New York law, exclusive of its choice of law rules. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Atari agree to submit to the exclusive jurisdiction of the Superior Court of New York City, New York, or, if federal court jurisdiction exists, the United States District Court for the state of New York. You and Atari agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.
BINDING INDIVIDUAL ARBITRATION; NO CLASS ACTIONS
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Most issues can be resolved quickly and amicably by contacting Atari customer support at https://atarivcs.com/support But we understand that sometimes disputes can’t be easily resolved by customer support. This Section explains how You and Atari agree to resolve those disputes, including (where applicable) by binding, individual arbitration.
Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without the formality of going to court. Any dispute between You and Atari is submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution. Arbitration is more efficient for both you and Atari.