8. A repaired Product may consist of used components, some of which have been
reprocessed. All used components comply with Product performance and
reliability specifications.
9. Returning a Product for warranty repair or replacement will not extend the
original warranty period.
10. Firefly's limit of liability under the warranty shall be the actual cash value of the
Product at the time the Consumer returns the Product for repair. The cash
value shall be determined by the price paid by the Consumer for the Product
less a reasonable amount for usage. Firefly shall not be liable for any other
losses or damages.
11. The remedies set forth in this limited warranty are Your exclusive remedies for
breach of warranty.
12. THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND EXCLUSIVE
REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE OR USE.
IN NO EVENT SHALL FIREFLY BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, COST OF CAPITAL,
COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS
OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO PROPERTY,
RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR ARISING FROM
BREACH OF THE WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT
LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FIREFLY KNEW
OF THE LIKELIHOOD OF SUCH DAMAGES. FIREFLY SHALL NOT BE LIABLE FOR
DELAY IN RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF USE
DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED OR FOR LOSS OF
DATA STORED IN THE PRODUCT.
13. Disclaimers of implied warranties are not enforceable in some jurisdictions, and
some jurisdictions do not allow limitation of how long an implied warranty lasts,
so the one year warranty limitation may not apply to You. This limited warranty
gives You specific legal rights and You may also have other rights that vary from
jurisdiction to jurisdiction.
14. This limited warranty is the entire warranty between Firefly and the Consumer,
and supersedes all prior and contemporaneous agreements or understandings,
oral or written, and all communications relating to the Product. No
representative of Firefly or any third party seller of Firefly PRODUCTS may
modify these terms, either orally or in writing.
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