10 YEAR EXTENDED WARRANTY TERMS AND CONDITIONS:

Subject to the terms and conditions below, this warranty applies to the following item:

1 x ESP LTD JM-II Josh Middleton, Black Shadow Burst

Length of warranty from date of delivery: 10 years

Money back guarantee period: 180 days.

DEFECTIVE GOODS WITHIN WARRANTY:

Subject to the terms of this warranty, if the product becomes defective due to manufacture fault within 10 years of purchase then the Gear4music will either repair or replace the product free of charge, and return it back to the customer at no cost.

180 DAY MONEY BACK GUARANTEE:

Subject to the terms of this guarantee, products may be returned for a full refund, exchange or credit within 180 days of delivery.

For return requests made within 30 days from delivery:
Gear4music will collect the goods from the customer free of charge, and the original standard delivery charges will be refunded. Delivery charge refunds and free collections exclude delivery upgrade options including Saturday and timed services.

For return requests made after 30 days from delivery:
If the money back guarantee is taken up after 30 days from delivery (but within 180 days from delivery), goods must be returned to Gear4music at the customers own expense, or alternatively Gear4music can arrange collection of the goods for a nominal fee. Original delivery charges will not be refunded. The extended warranty charges paid by the customer will not be refundable. All returned woodwind and brass instruments incur a GBP 5 sanitization fee.

The extended money back guarantee does not include goods damaged in transit that are reported after 30 days from delivery (see below).

When Gear4music receives returned goods they will be inspected to ensure they are in as new condition, and all manuals, accessories, free items and any other components are within the returned package and that the customer has taken reasonable care of the goods. The customer must take reasonable care to ensure the goods are appropriately packaged for safe transportation back to Gear4music. If Gear4music receives goods that have not had reasonable care taken, Gear4music will charge the customer a fee equivalent to the reduction in the value of the goods, or 10% of the purchase value, whichever is the higher. These costs will be deducted from any refund that is due to the customer.

Items returned after seven days from delivery must be in as new working condition. If items are returned after seven days from delivery without the original boxes and packaging a re-stocking charge of 10% may be applied.

Some items are only eligible for money back guarantee if they are returned to us unused and sealed in the original packaging, and in the case of software, unregistered. These items include:

• Software
• CDs & DVDs
• In-ear Monitors
• Earplugs and Ear Protection
• Mouthpieces, Reeds etc... for Woodwind and Brass instruments
• Mouth / Lip Care Products

GOODS DAMAGED IN TRANSIT

Any goods received by the customer that have suffered damage in transit must be reported to Gear4music as soon as possible, and at the latest within 30 days of receiving the goods. Gear4music will collect damaged goods from the customer and deliver replacement goods as quickly as possible at its own expense. Gear4music will not accept any responsibility for goods damaged in transit if the customer reports the damage more than 30 days after receiving the goods, so we recommend you check your goods for transit damage as soon as you receive them. Items returned after 30 days as a result of damage in transit will be subject to a re-stocking fee to equivalent the reduction in the value of the goods.

COLLECTION AND DELIVERY COSTS:

In the event of a product failure covered under this warranty and within 2 years from delivery, Gear4music will arrange to collect the item free of charge. For products delivered more than two years before a claim, the customer is responsible for returning the item to Gear4music, and Gear4music will send the repaired/replaced item back to the customer free of charge.

CASH BACK TERMS:

If you have not used your warranty after completion of the agreement, then you are entitled to claim 50% of the original purchase cost of the warranty back

TRANSFER OF WARRANTY:

Gear4music must be advised by email of the new owner's details including name, address, email address and telephone number within 30 days of the item being sold. Failure to do so will invalidate the warranty and no claims may be made by the new owner. Cash back after the warranty period is not valid when a warranty has been transferred.

LOAN EQUIPMENT:

If products covered within the terms of this warranty are not repaired within 30 days following receipt of goods at Gear4music, then the customer can request a free of charge loan item. The loan item is not intended as a direct replacement, and may not be the same price or have the same features as the original product, but it shall be of similar functionality. (e.g. if your digital piano breaks, we may lend you any other type of digital piano until your product has been repaired, or until we agree on a replacement model or cash back as detailed within this policy). Loan items shall remain the property of Gear4music at all times, but must be insured for theft and damage by the customer. Delivery and collection charges of loan equipment are the responsibility of the customer.

REPLACEMENT PRODUCTS:

In the event that an item cannot be repaired within 60 days, then an equivalent replacement item with similar functionality will be supplied. Replacement items may not necessarily be new, but will be fully functional and will not be older than the item they replace. Replacement products will not be more expensive than the product they replace. Suitability of replacement products shall be discussed with the customer, but the final decision on their suitability shall be made by Gear4music. Any repair or replacement of a defective product will not renew or prolong this warranty beyond the original expiry date of the warranty.

CASH DISCOUNT:

Within the warranty period of 10 years, in the event of a successful claim a suitable replacement item can not be supplied as detailed above, or the proposed replacement product has a significantly differing specification to the original product that is not acceptable to the customer, then a cash refund will be offered after depreciation has been applied based on the following percentage of the original purchase price:

1st year: 100%, 2nd year: 70%, 3rd year: 45%, 4th Year: 30%, 5th Year: 20%, 6th year: 15%.

The extended warranty retail price will not be refunded.

Items that are replaced or have had a cash discount paid will become the property of Gear4music.

CANCELLATION OF POLICY:

The policy can be cancelled at any time if it has not been used, and a pro-rata discount will be given based on the amount of time the policy has remaining. The policy can not be cancelled if a claim has been made.

WARRANTY EXCLUSIONS:

This warranty is designed to cover manufacture defect. If the item fails for any reason not due to manufacture defect, including any of the following reasons then this warranty is not valid:

• Abuse or mishandling
• The product is used for something for which it was not designed (misuse)
• Wear and tear beyond the design intentions of the product
• Adverse environmental conditions
• The product has been altered or modified
• The fault was caused by the use of accessories or supplementary parts thatare not specifically certified to work by the product manufacturer
• An inappropriate power supply or battery has been used
• Inadequate care and maintenance

OTHER INFORMATION

Under recent legislation, we are obliged to point out that you do not need to purchase an extended warranty at the same time that you purchase your goods. You are entitled to shop around, and we would actively encourage you to do this. This warranty is provided as an additional service to our customers, and we really do think it is worth the small amount of money it costs!

This warranty is an exclusive offer and is operated and financially backed by Gear4music Limited. The Financial Services Compensation scheme does not apply to this warranty and monies are not ring-fenced from Gear4music Limited. This warranty is not an insurance policy, and we suggest you also insure your goods against theft and damage.

On buying a product, you are protected by legislation such as the Sale of Goods Act 1979 (as amended). If the product is not, when sold, of satisfactory quality or fit for purpose, you have a right to claim for repair or replacement for up to 6 years (5 in Scotland). Within the first 6 months, the retailer must prove that the goods you bought met the necessary standards. After the first 6 months, it is up to you to prove that the product was faulty when supplied: this may involve you taking legal proceedings. Further information on consumer rights can be obtained from your local Trading Standards Services. Further guidance with regards to Consumer Protection from Unfair Trading Regulations 2008 can be found here.

Although the Sale of Goods Act covers you in very specific circumstances should your equipment go wrong after purchase, it is not nearly as comprehensive as our extended 10 year warranty, and this warranty will remove the stress and hassle of making a claim beyond the manufactures standard warranty period.