ETEKCITY ESF93 User Manual page 24

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.
OTHER RIGHTS YOU MAY HAVE
SOME JURISDICTIONS DO NOT ALLOW FOR: (1) EXCLUSION OF IMPLIED
WARRANTIES; (2) LIMITATION ON THE DURATION OF IMPLIED WARRANTIES;
AND/OR (3) EXCLUSION OR LIMIATION OF INCIDENTAL OR CONSEQUANTIAL
DAMAGES; SO THE DISCLAIMERS IN THIS POLICY MAY NOT APPLY TO YOU. IN
THESE JURISDICTIONS YOU HAVE ONLY THE IMPLIED WARRANTIES THAT ARE
EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE
LAW. THE LIMITATIONS OF WARRANTIES, LIABILITY, AND REMEDIES APPLY TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
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