Spa Sciences CLARO - Page 23

CLARO | 21
If we conrm a Covered Defect, we will, at our option, take one of
the following actions: (i) replace your CLARO with either a new or a
refurbished CLARO that is the same as or similar to the CLARO you
purchased; or (ii) repair your CLARO using either new or refurbished parts.
If we determine in our sole discretion that the Product has an Uncovered
Defect, we will notify you about the service alternatives that are available
on a fee basis. If we nd that your CLARO is not defective, we will return
your CLARO to you.
All Limited Warranty services must be authorized and performed by Spa
Sciences or a service provider authorized by Spa Sciences.
WARRANTY LIMITATIONS AND DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, SPA SCIENCES DISCLAIMS ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE
DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF
SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY LIMITED TO THE
DURATION OF THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT SHALL SPA SCIENCES BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES
BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER
LEGAL THEORY, DAMAGES ARE LIMITED TO, LOSS OF USE OF THE
CLARO, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF
THIRD PARTIES, OR DAMAGE TO PROPERTY.
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