manuFaCturer'S Guarantee
This Manufacturer's Guarantee is granted to
you by Microsoft Ireland Operations Limited,
Blackthorn Road, Sandyford Industrial Estate,
Dublin 18, Ireland ("Microsoft"). This is the
only contractual guarantee that Microsoft
grants to you with respect to the Products
listed below, unless stated otherwise under
any national law applicable to you. No other
entity or third party whatsoever is entitled to
grant you any guarantee on Microsoft's
behalf.
note: this manufacturer's Guarantee is
distinct from any statutory product
guarantees owed by retailers and/or
manufacturers under any national law
applicable to you. it is intended to grant
you specific, and, as the case may be,
additional rights within the limits of what
is permissible under such law, and not to
restrict your rights under applicable
statutory product guarantee provisions.
1. Scope of the manufacturer's
Guarantee
1.1. Products
This Manufacturer's Guarantee only
covers:
• your Xbox 360 S console purchased
from an authorized retailer
("Xbox 360 S") ; and
• your Xbox 360 S hardware accessory
manufactured by Microsoft,
purchased from an authorized
retailer ("Accessory").
Your Xbox 360 S or Accessory, or their
internal components, are new under
industry standards, unless the retail
product packaging indicates that they
are "Refurbished".
1.2. Territories
This Manufacturer's Guarantee is
granted by Microsoft with respect to
the following countries only (including
the overseas territories of such
countries): Austria, Belgium, Cyprus,
Czech Republic, Denmark, Finland,
France, Germany, Greece, Hungary,
Ireland, Italy, Luxembourg, Netherlands,
Norway, Poland, Portugal, Slovakia,
South Africa, Spain, Sweden, Switzerland
and the United Kingdom.
You acknowledge that specific export
laws and regulations may apply to you,
20
depending on your country of
residence, and you agree to comply
with all such laws and regulations if you
export your Xbox 360 S or Accessory.
1.3. Duration
Without prejudice to any statutory
guarantee to which you may be entitled
under any local law applicable to you,
and unless any such law provides for a
longer term, Microsoft offers this
guarantee for a term of one (1) year
from the date of purchase of such
Xbox 360 S or Accessory from an
authorized retailer (the "Manufacturer's
Guarantee Period").
You expressly acknowledge that this
Manufacturer's Guarantee will not apply
if you encounter a technical problem
with your Xbox 360 S or Accessory after
the Manufacturer's Guarantee Period
has expired; and that in such an event,
Microsoft may charge you a fee for its
efforts to diagnose and service any
problem with your Xbox 360 S or
Accessory.
1.4. Beneficiaries
This Manufacturer's Guarantee is
granted only to you as the original user
of the Xbox 360 S or Accessory covered
by this Manufacturer's Guarantee and
cannot be transferred to any third party,
unless otherwise provided under
applicable local law.
1.5. Conditions and Exclusions
Under this Manufacturer's Guarantee,
Microsoft warrants to you that during
the Manufacturer's Guarantee Period,
your Xbox 360 S or Accessory (1) will
not malfunction under normal
conditions of use; and (2) will be of a
standard and quality normally expected
for goods of its kind.
For the purposes of this Section 1.5,
"normal conditions of use" means
ordinary consumer use under normal
home conditions according to the
instruction manual packaged with the
Xbox 360 S or Accessory.
In addition, you expressly acknowledge
that this Manufacturer's Guarantee will
not apply, and your Xbox 360 S or
Accessory will be ineligible for repair by
Microsoft, even for a fee, if: