FitDesk FitStudent 4100 Owner's Manual page 13

WARRANTY
1.1. IF A COMPANY PRODUCT DOES NOT CONFORM TO THESE LIMITED WARRANTIES, THE PURCHASER'S
SOLE AND EXCLUSIVE REMEDY IS, AT COMPANY'S SOLE AND EXCLUSIVE OPTION, THE (1) REPAIR OF
ANY DEFECTIVE PRODUCT OR COMPONENT PART OR (2) REPLACEMENT OF ANY DEFECTIVE PRODUCT
OR COMPONENT PART. THE LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE
AND MADE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, RIGHTS OR CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY
OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND. IF COMPANY CANNOT LAWFULLY DISCLAIM
IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED
IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. The Company does not assume or authorize any
person to assume for them any other liability in connection with the Products.
2. EXCLUSION AND LIMITATION OF LIABILITY:
IN NO EVENT, WHETHER BASED ON CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL COMPANY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING
BUT: NOT LIMITED TO, DAMAGES TO OTHER PROPERTY, INCONVENIENCE, DAMAGES FOR LOSS OF
PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER
IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of
incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions,
so the above limitations or exclusions may not apply to Customer. In jurisdictions that limit the scope of or preclude
limitations or exclusion of remedies or damages, or of liability, such as liability for gross negligence or willful misconduct
or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or
liability set forth above are intended to apply to the maximum extent permitted by applicable law. This limited warranty
gives the Customer specific legal rights, and the Customer may also have other rights that vary by state, country or
other jurisdiction.
3. SEVERABILITY:
If any provision of this limited warranty is held to be illegal, invalid or otherwise unenforceable, such provision will be
enforced to the extent possible consistent with its stated intention, or, if incapable of such enforcement, will be deemed
to be severed and deleted from this limited warranty, while the remainder of the terms of this limited warranty will
continue in full force and effect.
4. DISPUTE RESOLUTION:
This FitDesk Limited Warranty shall be governed by and construed in accordance with the laws of the State of North
Carolina, without regard to its principles of conflicts of law. The parties acknowledge the exclusive jurisdiction of the
federal and state courts of the State of North Carolina. Any claims or disputes under this FitDesk Limited Warranty
shall be heard exclusively in any state or federal courts sitting in Guilford County, North Carolina, and both parties
expressly consent to the personal jurisdiction and venue of the North Carolina state and federal courts for such actions.
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