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the Consumer. If the estimate is refused, the Product will be returned
freight collect. If the Product is returned to NMP after the expiration
of the limited warranty period, NMP's normal service policies shall
apply and the Consumer will be responsible for all shipping charges.
9. The Product consists of newly assembled equipment that may
contain used components that have been reprocessed to allow
machine compliance with Product performance and reliability
specifications.
10. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION
OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE
FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. NMP SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF
SAVINGS OR REVENUE, PUNITIVE DAMAGES, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY
TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE
PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH OF
CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL OR
EQUITABLE THEORY, EVEN IF NMP KNEW OF THE LIKELIHOOD OF SUCH
DAMAGES. NMP SHALL NOT BE LIABLE FOR DELAY IN RENDERING
SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE DURING
THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
11. Some states do not allow limitation of how long an implied
warranty lasts, so the above one-year warranty limitation may not
apply to you (the Consumer). Some states do not allow the exclusion or
limitation of incidental and consequential damages, so certain of the
above limitations or exclusions may not apply to you (the Consumer).
This limited warranty gives the Consumer specific legal rights and the
Consumer may also have other rights which vary from state to state.
12. NMP neither assumes nor authorizes any authorized service
center or any other person or entity to assume for it any other
obligation or liability beyond that which is expressly provided for in
this limited warranty including the provider or seller of any extended
warranty or service agreement.
13. This is the entire warranty between NMP and the Consumer, and
supersedes all prior and contemporaneous agreements or understandings,
oral or written, and all communications relating to the Product, and no
representation, promise or condition not contained herein shall modify
these terms.
14. This limited warranty allocates the risk of failure of the Product
between the Consumer and NMP. The allocation is recognized by the
Consumer and is reflected in the purchase price of the Product.
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