39
(f) defects or damage resulting from improper testing, operation,
maintenance, installation, service, or adjustment not approved
by TUNZE
®
;
(g) defects or damage resulting from external causes such
as collision with an object, re, dirt, windstorm, lightning,
earthquake, exposure to weather conditions, theft, blown fuse,
or improper use of any electrical source; or
(h) damage caused by aquarium inhabitants, including, but not
limited to, shes, corals, anemones, echinoderms, crustaceans,
or any other aquatic plant or animal, sessile or motile, vertebrate
or invertebrate, marine, brackish or freshwater.
OTHER THAN THE LIMITED EXPRESS WARRANTY SET FORTH
ABOVE, THERE IS NO OTHER WARRANTY, REPRESENTATION
OR CONDITION OF ANY KIND; AND ANY OTHER WARRANTY,
EXPRESS OR IMPLIED, IS HEREBY EXCLUDED AND DISCLAIMED
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND OF FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow limitations of implied warranties, so
the above limitation may not apply to you.
IT IS UNDERSTOOD AND AGREED THAT TUNZE
®
’S LIABILITY,
AND PURCHASER’S SOLE REMEDY, WHETHER IN CONTRACT,
UNDER ANY WARRANTY, IN TORT (INCLUDING NEGLIGENCE),
IN STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED
THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE
PAID BY PURCHASER, AND UNDER NO CIRCUMSTANCES
SHALL TUNZE
®
BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED
TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR
LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS
OF RENTING REPLACEMENTS AND OTHER ADDITIONAL
EXPENSES, EVEN IF TUNZE
®
HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE PRICE STATED FOR
THE PRODUCT IS A CONSIDERATION IN LIMITING TUNZE
®
’S
LIABILITY AND PURCHASER’S REMEDY.
Some states do not allow the exclusion or limitation of incidental
or consequential damages, so the above limitations or exclusion
may not apply to you.
TUNZE
®
WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES
OR EXPENSES AS A RESULT OF PURCHASER’S NEGLIGENCE,
WHETHER DEEMED ACTIVE OR PASSIVE, AND WHETHER OR
NOT ANY SUCH NEGLIGENCE IS THE SOLE CAUSE OF ANY
SUCH DAMAGE, LOSS OR EXPENSE.
This warranty gives you specic legal rights, and you may also
have other rights which vary from state to state.
THERE ARE NO UNDERSTANDINGS, AGREEMENTS,
REPRESENTATIONS OR WARRANTIES, EXPRESS OF IMPLIED
(INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE), NOT SPECIFIED HEREIN,
RESPECTING THIS PRODUCT. THIS DOCUMENT STATES THE
ENTIRE OBLIGATION OF TUNZE
®
AQUARIENTECHNIK GMBH
AND TUNZE USA, LLC IN CONNECTION WITH THE SALE OF THIS
UNIT TO THE ORIGINAL PURCHASER, OR TO ANY SUBSEQUENT
PURCHASER.
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