Smith Little Torch Owner's Manual page 26

authorized in writing by Miller in appropriate cases, (3) the reasonable cost of
repair or replacement at an authorized Miller service station; or (4) payment of
or credit for the purchase price (less reasonable depreciation based upon ac-
tual use) upon return of the goods at customer's risk and expense. Miller's
option of repair or replacement will be F.O.B., Factory at Appleton, Wisconsin,
or F.O.B. at a Miller authorized service facility as determined by Miller. There-
fore no compensation or reimbursement for transportation costs of any kind
will be allowed. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES
PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES. IN NO
EVENT SHALL MILLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, IN-
CIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
PROFIT), WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LE-
GAL THEORY. ANY EXPRESS WARRANTY NOT PROVIDED HEREIN
AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS
TO PERFORMANCE, AND ANY REMEDY FOR BREACH OF CONTRACT
TORT OR ANY OTHER LEGAL THEORY WHICH, BUT FOR THIS PROVI-
SION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM
OF TRADE OR COURSE OF DEALING, INCLUDING ANY IMPLIED WAR-
RANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PUR-
POSE, WITH RESPECT TO ANY AND ALL EQUIPMENT FURNISHED BY
MILLER IS EXCLUDED AND DISCLAIMED BY MILLER.
Some states in the U.S.A. do not allow limitations of how long an implied war-
ranty lasts, or the exclusion of incidental, indirect, special or consequential
damages, so the above limitation or exclusion may not apply to you. This war-
ranty provides specific legal rights, and other rights may be available, but may
vary from state to state. In Canada, legislation in some provinces provides for
certain additional warranties or remedies other than as stated herein, and to
the extent that they may not be waived, the limitations and exclusions set out
above may not apply. This Limited Warranty provides specific legal rights,
and other rights may be available, but may vary from province to province.
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