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without limitation, losses or damages arising from contents spoilage claims whether or
not on account of refrigeration failure, electrical failure, power failure, or compressor
failure. HORIZON SCIENTIFIC, INC.’S MAXIMUM CUMULATIVE LIABILITY RELATIVE TO
ALL CLAIMS AND LIABILITIES, INCLUDING OBLIGATIONS UNDER ANY INDEMNITY,
WHETHER OR NOT INSURED, SHALL NOT EXCEED THE COST OF THE PRODUCT(S)
GIVING RISE TO THE CLAIM OR LIABILITY.
WARRANTY IS NOT TRANSFERABLE. This warranty is not assignable and applies only
in favor of the original purchaser/user to whom delivered. Any such assignment or
transfer shall void the warranties herein made and shall void all warranties, express or
implied, including any warranty of merchantability of fitness for a particular purpose.
NO IMPLIED WARRANTY OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR
PURPOSE. There are no other warranties, express, implied, or statutory, except the
standard warranty and the additional compressor warranty as described above. These
warranties are exclusive and in lieu of all other warranties, including implied warranty
and merchantability of fitness for a particular purpose. There are no warranties which
extend beyond the description on the face hereof, whether based on contract,
warranty, tort (including negligence), strict liability, indemnity, or any other legal
theory, and whether arising out of warranties, representations, instructions,
installations, or non-conformities from any cause. Purchaser further acknowledges
that the purchase price of the Product reflects these warranty terms and remedies.
ALTERATION, NEGLECT, ABUSE, MISUSE, ACCIDENT, DAMAGE DURING TRANSIT OR
INSTALLATION, FIRE, FLOOD OR OTHER EXTERNAL CAUSES.
Horizon Scientific, Inc. is not responsible for the repair or replacement of any parts that
Horizon Scientific, Inc. determines have been subjected after the date of manufacture
to alteration, neglect, abuse, misuse, accident, damage during transit or installation,
fire, flood or other external causes. It does not apply to defects resulting from failure
to properly install, operate or maintain the product in accordance with the printed
instructions provided, or damage caused by the storage of any corrosive material that
comes in contact with the interior or exterior portions of the cabinet, or the use of
spark producing equipment or containers (such as galvanized or carbonized steel
containers) that come in contact with any interior portion of the cabinet.
OUTSIDE U.S./CANADA. This warranty does not apply to, and Horizon Scientific, Inc.
is not responsible for, any warranty claims made on products sold or used outside the
United States and Canada.
CHOICE OF LAW/VENUE. The laws of the State of South Carolina shall govern the
validity, interpretation and enforcement of this warranty, regardless of conflicts of law
principles. Purchaser agrees that proper venue for any action to enforce the terms of
this warranty shall be the Dorchester County District Courts, South Carolina. Purchaser
submits the jurisdiction of such courts over the Purchaser and the subject matter of
