Sealife SportDiver Instruction Manual page 51

Excluded from this warranty are any damages caused by the failure to use the Product in accordance with Manufacturer's published
specifications, cosmetic damages, damages caused by abuse, misuse, wear, tear, water damage caused by damaged O-ring or O-ring
contact surfaces or debris trapped between the product housing and the O-ring, damages caused by exposure to sunscreens or other
chemicals, repair or attempted repair by unauthorized persons, improper storage, non-performance of scheduled maintenance, and
battery leakage.
THE FOREGOING IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER'S SOLE AND EXCLUSIVE
OBLIGATION, WITH RESPECT TO A CLAIM THAT A PRODUCT IS DEFECTIVE. EXCEPT FOR THE LIMITED WARRANTY SET
FORTH ABOVE, MANUFACTURER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE TO PURCHASER
OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFITS, INJURIES TO PERSONS OR PROPERTY, OR DAMAGES FOR WHICH PURCHASER
MAY BE LIABLE TO OTHER PERSONS OR ENTITIES, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND WHETHER THE CLAIM IS FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF WARRANTY,
TORT, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE FOREGOING LIMITATIONS MAY NOT APPLY. ANY OF THE FOREGOING NOTWITHSTANDING, IN NO EVENT SHALL
MANUFACTURER'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SALE OF THE PRODUCT
EXCEED THE PURCHASE PRICE PAID TO MANUFACTURER FOR THE PRODUCT.
This limited warranty is governed by the laws of the State of New Jersey, U.S.A. Any warranty claim, or other dispute arising out of or
related to this limited warranty or the Product, shall be brought exclusively in the state or federal courts located in the State of New
Jersey, U.S.A., the exclusive jurisdiction and venue of which Purchaser and any party from which Purchaser purchased the Product,
directly or indirectly, irrevocably consent to for this purpose.
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