ATARI PRODUCT LIMITED ONE (1) YEAR WARRANTY
Effective: July 20, 2022
IMPORTANT: BY USING YOUR ATARI VCS, HARDWARE, ACCESSORY OR OTHER ATARI PRODUCT (THE “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.
THIS WARRANTY DOES NOT APPLY TO ITEMS OR PRODUCTS PURCHASED FROM THIRD PARTY LICENSEES OF ATARI, EVEN IF SUCH ITEM OR PRODUCT WAS PURCHASED THROUGH A LINK ON ATARI.COM OR AN AFFILIATE WEBSITE. SEE THE THIRD PARTY FOR ANY WARRANTY CLAIMS.
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 YOUR ATARI PURCHASE DOCUMENTS OR THE AUTHORIZED DISTRIBUTOR WHERE YOU PURCHASED IT FOR A REFUND. IF THERE IS NO RETURN PERIOD STATED IN YOUR ATARI PURCHASE DOCUMENTS, THE DEFAULT RETURN PERIOD IS THIRTY DAYS FROM THE DATE OF PURCHASE.
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 LIMITED WARRANTY?
Atari, SA and its affiliates, including, but not limited to, Atari VCS LLC (collectively “Atari”) with business offices at 286 Madison Avenue, New York, NY 10017. U.S.A. warrants the Atari-branded Products contained in the original packaging against defects in materials and workmanship when used normally in accordance with Atari's published documentation or guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Atari’s published documentation or guidelines include but are not limited to information contained in technical specifications, user manuals and service communications. The original purchaser is entitled to this limited warranty only if the date of purchase is registered at point of sale or the consumer can demonstrate, to Atari’s satisfaction, that the product was purchased within the last 12 months.
WHAT WILL ATARI DO IN THE EVENT OF A LIMITED WARRANTY CLAIM?
If during the Warranty Period you submit a proper claim to Atari in accordance with this warranty, Atari will, at its option:
(i) repair the Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the 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 Product for a refund of your purchase price.
Atari may request that you replace certain user-installable parts or Products. A replacement part or 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 a 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?
Access and review the online help resources described below before seeking warranty service. If the 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 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 Product is eligible for mail-in service, Atari will send you instructions on how to properly pack and address your 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 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 Product back for service were followed.
(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Product. If DIY parts service is available in the circumstances, the following process will apply:
(a) Service where Atari requires return of the replaced Product or part. Atari may require a credit card authorization as security for the retail price of the replacement 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 Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Product or part. If you follow the instructions, Atari will cancel the credit card authorization, so you will not be charged for the Product or part and shipping to and from your location. If you fail to return the replaced 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 Product or part. Atari will ship you free of charge a replacement Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced 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 https://atarivcs.com/support.
Atari reserves the right to change the method by which Atari may provide warranty service to you, and your 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 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 Products and parts with comparable Products and parts that comply with local standards.
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 or Products. 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 Product will be uninterrupted or error-free. Atari is not responsible for damage arising from failure to follow instructions relating to the 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 or fabric finishes, including damages which result from normal wear and tear, exposure to extremes in temperatures or humidity, and fading or discoloration to natural wood or fabric surfaces; (d) to damage caused by use with a third party component or product that does not meet the Product’s specifications (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 Product outside Atari’s published guidelines, including but not limited to modifications to the BIOS; (g) to damage caused by upgrades and expansions performed incorrectly; (h) to an 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 Product; (j) if any serial number has been removed or defaced from the 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 Product, and you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).
YOUR RESPONSIBILITIES
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 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 PRODUCT SERVICED.
Following warranty service your Product or a replacement device will be returned to you as your 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 Product from reverting to an earlier version of the system software. Third party applications installed on the Product may not be compatible or work with the 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.
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 PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE 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 PRODUCT UNDER THIS WARRANTY OR REPLACE THE PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE 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.
GENERAL
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.