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Physical damage to the Product as a result of tampering, mishandling, neglect, modification, or disassembly;
Repair or replacement of Products and/or parts without the prior written approval of SELLER, or without SELLER being afforded a reasonable
opportunity to inspect the Product subject to this Limited Warranty before such repair or replacement occurs;
Dismantling of Products and/or parts without the prior written approval of SELLER;
Unreasonable use and/or negligence of BUYER, whether foreseeable by SELLER or not;
Items, equipment, goods, products, components, and parts not sold by SELLER;
Damage to Products caused by the carrier during shipping or by the installer during installation;
Deterioration resulting from age, storage, weathering, lack of use;
Continued Product use after an alleged defect is discovered or should reasonably have been discovered;
Improper installation of any kind from persons other than SELLER or authorized SELLER personnel; and
Damage to Product caused by fire, storm or other acts of God.
SELLER expressly reserves the right to inspect the Product and its components, parts, and BUYER’s installation, use, maintenance, and any other
activity or inactivity of BUYER, when determining whether an alleged Product defect is covered by the Limited Warranty.
6. LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES
This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize
any other person, including distributors, to give any other warranties on SELLER's behalf.
SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO
PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR
THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth
herein.
If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court
action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues. In those states which do not allow this
limitation on the time period for filing a court action, this provision is inapplicable.
7. SELLER’S LIMITATION OF LIABILITY
SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO
ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING,
ACTS OR OMISSIONS RELATING THERETO.
Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES,
SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR
FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER
SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. SELLER’S TOTAL
LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.
SELLER’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in
connection with the performance or contemplated performance of the contract between SELLER and BUYER shall be limited to the price paid for
the Products.
8. GOVERNING LAW; JURISDICTION
This Limited Warranty is governed by the laws of the State of Delaware in the United States, without reference to conflict of laws principles. In
the event of a dispute arising from or relating to this Limited Warranty, which is not resolved by negotiation between the parties, the parties
hereby agree to personal exclusive jurisdiction in the state and federal courts located in Delaware.
9. MISCELLANEOUS
Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications, samples, models, bulletins,
drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not
be construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall
not be construed as an express warranty unless confirmed in writing by SELLER to be such.
[End of US/Canada Warranty Section]
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