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PENGO TECHNOLOGIES, INC. (Limited Warranty — U.S. Only)
The limited warranty set forth below is given by Pengo Technologies, Inc. (“Pengo”) with respect to the Pengo
MP3/MP4/USB Flash Drive Product Line (the “product”) that you have purchased, when purchased and used in
the United States. The product that you have purchased is the only product to which this warranty card and the
limited warranty provided by Pengo and stated on the card apply.
Your product, when delivered to you in new condition in its original container, is warranted against defects in
materials or workmanship as follows: for a period of Six (6) months from the date of original purchase
, defective
parts or a defective product returned to Pengo for such product, as applicable, and proven to be defective upon
inspection, will be exchanged for new or comparable rebuilt parts, or a refurbished product, as determined by Pengo.
Warranty repair or replacement shall not extend the original warranty period of the defective product.
This limited warranty shall only apply if the product is used in conjunction with compatible computer equipment
and compatible software, as to which items Pengo shall have no responsibility.
This limited warranty covers all defects encountered in normal use of the product, and does not apply in the
following cases:
Loss of or damage to the product due to abuse, mishandling, improper packaging by you, alteration, accident,
electrical current fluctuations, failure to follow operating, maintenance or environmental instructions prescribed in
Pengo’s instruction manual, or services performed by someone other than Pengo.
Use of parts or supplies (other than those sold by Pengo) that cause damage to the product or cause abnormally
frequent service calls or service problems. If the product has had its serial number or dating altered or removed.
NO IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, APPLIES TO THE PRODUCT AFTER THE APPLICABLE
PERIOD OF THE EXPRESS LIMTIED WARRANTY STATED ABOVE, AND NO OTHER EXPRESS
WARRANTY OR GUARANTEE, EXCEPT AS MENTIONED ABOVE, GIVEN BY ANY PERSON OR ENTITY
WITH REPSECT TO THE PRODUCT SHALL BIND PENGO. (SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.) PENGO SHALL NOT BE LIABLE FOR LOSS OF REVENUES OR PROFITS,
INCONVENIENCE, EXPENSE FOR SUBSTITUTE EQUIPMENT OR SERVICE, STORAGE CHARGES, LOSS
OR CORRUPTION OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
CAUSED BY THE USE OR MISUSE OF, OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE
LEGAL THEORY ON WHICH THE CLAIM IS BASED. EVEN IF PENGO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL RECOVERY OF ANY KIND AGAINST PENGO
BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY PENGO OF
WHICH CAUSED THE ALLEGED DAMAGE. WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL
RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY, OR TO
OTHERS AND THEIR PROPERTY ARISING OUT OF USE OR MISUSE OF, OR INABILITY TO USE THE
PRODUCT NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF PENGO. (SOME STATES DO NOT
ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.) THIS LIMITED WARRANTY
SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THE PRODUCT, OR
THE PERSON FOR WHOM IT WAS PURCHASED AS A GIFT, AND STATES YOUR EXCLUSIVE REMEDY.
Pengo offers the following customer technical support options:
1. For e-mail technical support please go to http://www.pengo.com/pengo.files/supportform.htm
2. For the latest driver downloads and FAQs, please go to http://www.pengo.com/pengo.files/support new.htm
Free technical support Monday-Friday (excluding holidays) for products still under warranty (Call
1-888-PENGO99 or E-mail to support@pengo.com
). If the problem can’t be corrected by using one of the above
technical support options, you will be asked to follow the applicable procedures for warranty service. Note that a
dated proof of purchase (bill of sale) is required to verify eligibility at the time of service. This requirement will be
satisfied by providing a copy of your dated bill of sale, as well as the product serial number located under the battery.
This limited warranty gives you specific legal rights, not including rights that vary from state to state.