Notices | 29
improper shipping, damage caused by disasters such as
fire, flood, and lightning, improper electrical current,
software problems, interaction with non-Epson
products, or service other than by an Epson Authorized
Servicer. If a claimed defect cannot be identified or
reproduced, you will be held responsible for the costs
incurred.
DISCLAIMER OF WARRANTIES: THE WARRANTY AND
REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU
OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
UNLESS STATED HEREIN, ANY STATEMENTS OR
REPRESENTATION MADE BY ANY OTHER PERSON OR
FIRM ARE VOID.
Remedies: Your exclusive remedy and Epson’s entire
liability for a material breach of this Agreement will be
limited to a refund of the price paid for the EPSON
products covered by this Agreement. Any action for
breach of warranty must be brought within 3 months of
the expiration date of the warranty. Epson is not liable
for performance delays or for nonperformance due to
causes beyond its reasonable control. Except as
provided in this written warranty, neither Epson nor its
affiliates shall be liable for any loss, inconvenience, or
damage, including direct, special, incidental or
consequential damages, including lost profits, cost of
substitute equipment, downtime, claims of third
parties, including customers, or injury to property,
resulting from the use or inability to use the Epson
products, whether resulting from a breach of warranty
or any other legal theory. Some jurisdictions do not
allow limits on warranties or remedies for breach in
certain transactions. In such jurisdictions, the limits in
this paragraph and the preceding paragraph may not
apply.
In Canada, warranties include both warranties and
conditions.
Arbitration, Governing Laws: Any disputes arising out
of this Agreement will be settled by arbitration to be
conducted in Los Angeles, California, in accordance
with the commercial Arbitration Rules of the American
Arbitration Association, and judgment upon the award
rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. This Agreement shall
be construed in accordance with the laws of the State of
California, except this arbitration clause which shall be
construed in accordance with the Federal Arbitration
Act.
To find the Epson Authorized Reseller nearest you, visit
our website at: epson.com.
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