ETEKCITY TMB-1583-BS User Manual page 53

Sole and Exclusive Remedy
THE FOREGOING LIMITED WARRANTY CONSTITUTES
ETEKCITY CORPORATION'S EXCLUSIVE LIABILITY, AND
YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY BREACH
OF ANY WARRANTY OR OTHER NONCONFORMITY OF THE
PRODUCT COVERED BY THIS LIMITED PRODUCT WARRANTY
STATEMENT. THIS LIMITED WARRANTY IS EXCLUSIVE,
AND IN LIEU OF ALL OTHER WARRANTIES. NO EMPLOYEE
OF ETEKCITY CORPORATION OR ANY OTHER PARTY IS
AUTHORIZED TO MAKE ANY WARRANTY IN ADDITION
TO THE LIMITED WARRANTY IN THIS LIMITED PRODUCT
WARRANTY STATEMENT.
Disclaimer of Limited Warranties
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE
LAW, EXCEPT AS WARRANTED IN THIS LIMITED PRODUCT
WARRANTY POLICY, ETEKCITY CORPORATION PROVIDES
THE PRODUCTS YOU PURCHASE FROM ETEKCITY
CORPORATION "AS IS" AND ETEKCITY CORPORATION
HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY
WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
AND FITNESS FOR PARTICULAR PURPOSE.
Limitations of Liability
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN
NO EVENT WILL ETEKCITY CORPORATION, ITS AFFILIATES,
OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR:
(a) DAMAGES OF ANY KIND ARISING OUT OF OR IN
CONNECTION WITH PRODUCTS PURCHASED FROM
ETEKCITY CORPORATION IN EXCESS OF THE PURCHASE
PRICE PAID BY THE PURCHASER FOR SUCH PRODUCTS, OR
(b) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES EVEN IF ETEKCITY CORPORATION
OR ONE OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. AND
REGARDLESS OF WHETHER CAUSED BY TORT (INCLUDING
NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE.
OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED
THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE
PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE
LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR
INDIRECT. EXCEPT AS COVERED BY THIS LIMITED PRODUCT
WARRANTY STATEMENT, ETEKCITY CORPORATION SHALL
NOT BE LIABLE FOR COSTS ASSOCIATED WITH THE
REPLACEMENT OR REPAIR OF PRODUCTS PURCHASED
FROM IT, INCLUDING, BUT NOT LIMITED TO, LABOR,
INSTALLATION, OR OTHER COSTS INCURRED BY THE
USER AND, IN PARTICULAR, ANY COSTS RELATING TO THE
REMOVAL OR REPLACEMENT OF ANY PRODUCT.
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