AtmosFX Inc. Limited Manufacturer Warranty Policy
AtmosFX Inc. strives to create high quality products that are free from manufacturer defects. This document explains the warranty and exchange policies for certain AtmosFX products.
This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Only items that have been purchased directly from AtmosFX are governed by this Limited Warranty. AtmosFX products purchased through other retailers must be returned in accordance with that retailer’s respective replacement and refunds policy.
Products that are not covered by this Limited Warranty are:
- AtmosFX digital downloads and other non-physical goods (including any software embedded in an AtmosFX product). (see the AtmosFX Inc. Digital Downloads Policy)
- AtmosFX products not purchased directly from www.AtmosFX.com
- AtmosFX products purchased as “Final Sale” items.
- Products featuring AtmosFX content or using AtmosFX registered trademarks but not produced by AtmosFX Inc. including but not limited to;
- ProductWorks WindowFX Kit
- The Shopping Channel Select FX Kit
- Walmart Mr. Halloween Projector Kit
Additionally, this Limited Warranty does not apply to defects caused by the following:
- Damage due to customer abuse or mishandling, or accidents, flood, fire, earthquake or other external causes
- Damage due to not using the AtmosFX Product as intended
- Damages caused by use with non-AtmosFX products
- Physical modifications not performed by the manufacturer
- Hardware devices that have been opened, disassembled or show signs of tampering
AtmosFX’s Limited Warranty
AtmosFX Inc. warrants all AtmosFX products that are subject to this Limited Warranty (“Warranted Products”) against defects in material and workmanship for 30-days after receipt of shipment. This Limited Warranty extends to the first consumer purchaser of the applicable AtmosFX product. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the Warranted Product from AtmosFX. All AtmosFX Limited Warranties are non-transferable. For clarity, this Limited Warranty does not apply to resellers of AtmosFX products.
Repair or replacement Warranted Products will be warranted for the remainder of the original warranty period or thirty days, whichever is longer, or for any additional period of time that may apply in your jurisdiction.
AtmosFX’s sole and exclusive liability and your sole remedy under this Limited Warranty will be, to make a reasonable effort to try to repair the issue. If we are unable to repair the product, then we will attempt to replace the item. If we are unable to either repair or replace the product, we will then refund the purchase amount of the product. Refunds for items under this Limited Warranty are only available if the Warranted Product cannot be repaired or replaced.
Please note that once your Warranted Product is received, it will be inspected for manufacturer defects. Inspections may take up to 30 days to complete.
Digital Decorations DVD or SD Card Collection Malfunctions
In the case that a DVD or SD Card has an internal malfunction due to a programming error, we will be happy to help resolve the issue. Please visit http://support.atmosfx.com/ and submit your request through the “Contact Us” form. We will ask that you send the faulty product to our corporate office for testing. When doing so, you will be asked to include your return address, a copy of your receipt, and an explanation of what issue occurred when playing so we can test and verify the malfunction.
Malfunctions caused by physical damage to the DVD, such as scratches or cracks, cannot be returned for refund or replacement.
If you believe an AtmosFX product you purchased is subject to a manufacturer defect and you are within the 30-day warranty period, please contact us, using the contact information set forth at the end of this Limited Warranty or visit http://support.atmosfx.com/ and complete the “Contact Us” form. A representative will contact you and direct you through the warranty process.
Please do not return products to AtmosFX without first contacting a support representative as this may void your warranty claim.
Any products shipped back to AtmosFX will be at the expense of the customer. Cost of shipping for warranty replacements back to the customer will be paid for by AtmosFX.
Please note that during the AtmosFX warranty process we may ask that you to provide pictures for insurance purposes, as well as to confirm the defective status of the product. If your Warranted Product is defective, then the full product (including all accessories) will need to be shipped to our headquarters.
Disclaimer; Limitation of Liability
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ATMOSFX OR ITS SUPPLIERS BE LIABLE FOR LOSS OF OR CORRUPTION TO DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE WARRANTED PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF ATMOSFX HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. ATMOSFX’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE WARRANTED PRODUCT GIVING RISE TO SUCH LIABILITY.
WITHOUT LIMITING THE FOREGOING, ATMOSFX WILL NOT BE LIABLE FOR ANY COSTS OF REPRODUCING ANY DATA STORED IN THE WARRANTED PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED IN THE WARRANTED PRODUCT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Governing Law; Miscellaneous
This Limited Warranty will be governed by the laws of the State of Washington. No AtmosFX reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired.
7107 Greenwood Ave
Seattle, WA 98103