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6. What is not covered by this warranty?
(a) THIS WARRANTY DOES NOT EXTEND TO:
(i) Products which have been subjected to misuse, abuse, accident, physical damage, improper installation, negligence in
use, abnormal operation or handling, neglect, water or other liquid intrusion, improper temperature, humidity or other
environmental condition, including but not limited to, lightening, inundation or fire, or;
(ii) Damage caused by computer viruses, or;
(iii) Products which have been repaired, altered, or modified by anyone other than an AUTHORIZED service warranty
component-level representative of NECAM, or;
(iv) Defects caused by equipment, components, parts or accessories not sold by NECAM or use of equipment,
components, parts or accessories not compatible with the warranted Product; or,
(v) Products whose warranty/quality labels, Product serial number plates or electronic serial numbers have been removed,
altered, or rendered illegible, or;
(vi) Accessory items such as antenna, cables, curl cords, cases, etc., or;
(vii) Products shipped to NECAM for repair from outside the United States, or;
(viii) Defects in appearance, cosmetic, decorative, or structural items including framing and non-operative parts.
(b) ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE DISCLAIMED OR LIMITED TO THE DURATION OF THIS
WARRANTY. OTHERWISE, THE FOREGOING LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND
IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW DISCLAIMERS
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
(c)
NECAM'S TOTAL LIABILITY FOR DAMAGES FOR ANY CAUSE RELATED TO OR ARISING OUT OF THE USE OR
INABILITY TO USE THE PRODUCT, WHETHER IN CONTRACT, NEGLIGENCE, STRICT TORT, OR BASED ON ANY
OTHER LEGAL THEORY, SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PRODUCT.
(d)
IN NO CASE SHALL NECAM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR
ANY OTHER LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS
OF SAVINGS OR REVENUES, INABILITY TO USE THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF
CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, CLAIMS BY THIRD PARTIES
OTHER THAN YOU, AND INJURY TO PROPERTY. THESE LIMITATIONS DO NOT APPLY TO CLAIMS FOR
PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
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