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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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