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The owner is responsible for: (I) using the goods supplied by the Seller in accordance with the installation, start-
up, use, storage, inspection, and service requirements, and all other instructions set forth in the owner’s manual
supplied with the goods; (II) providing normal cleaning and maintenance in accordance with the owner’s manual
supplied with the goods; (III) operating, using, and storing the goods in accordance with the owner’s manual
supplied with the goods and in compliance with all applicable laws, rules, or regulations, including any local
labeling requirements or labeling required under California’s Safe Drinking Water and Toxic Enforcement Act of
1986 (also known as “Proposition 65”) and its implementing regulations; (IV) contacting American Changer
during the warranty period to obtain a Return Material Authorization to make a claim under this warranty; (V)
providing proof of purchase if requested, and if the goods were purchased from a reseller, the name, address,
and telephone number of the reseller; (VI) providing any other information American Changer may reasonably
request to confirm that the goods are eligible for repair/replacement under this warranty; (VII) paying for any
repairs or replacement of parts outside the scope of this warranty; (VIII) paying any shipping costs.
ENTIRE WARRANTY
THIS WARRANTY CONSTITUTES THE EXCLUSIVE REMEDY OF THE PURCHASER AND IN LIEU OF ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PERMITTED BY LAW.
SELLER EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OUT OF THE THEFT, MISAPPROPRIATION, OR MISUSE OF
ANY PERSONAL FINANCIAL INFORMATION OF AN END USER OF THE GOODS, INCLUDING, BUT NOT LIMITED TO,
CREDIT CARD AND/OR DEBIT CARD NUMBERS, PERSONAL IDENTIFICATION NUMBERS, PERSONAL PASSWORDS
OR PASSCODES, OR OTHER SIMILAR PERSONAL INFORMATION OF THE USER OF THE GOODS.
IN NO EVENT SHALL AMERICAN CHANGER BE LIABLE TO BUYER UNDER THIS WARRANTY FOR AN AMOUNT
WHICH EXCEEDS THE PURCHASE PRICE OF THE GOODS.
IN NO EVENT SHALL AMERICAN CHANGER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
LOST PROFITS, OR FOR DAMAGES ARISING OUT OF BUYER’S INSTALLATION, OPERATION OR STOREAGE OF THE
GOODS IN A MANNER THAT FAILS TO COMPLY WITH ANY APPLICABLE LAW, RULE, OR REGULATION, INCLUDING
ANY LABELING LAW, RULE OR REGULATION INCLUDING, WITHOUT LIMITATION, CALIFORNIA’S SAFE DRINKING
WATER AND TOXIC ENFORCEMENT ACT OF 1986 (ALSO KNOWN AS “PROPOSITION 65”) AND ITS IMPLEMENTING
REGULATIONS.
SELLER EXPRESSLY DISCLAIMS ALL GUARANTEES AND/OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR USEFUL LIFE.
LIMITATIONS OF DAMAGES
– Seller’s liability for any loss or damage arising out of, or resulting from, any breach
or default by Seller in connection with the sale of goods hereunder, shall not exceed the purchase price thereof,
regardless of whether such liability arises in contract, tort (including, without limitation, negligence or strict
liability) or otherwise, and in no event shall Seller be liable for incidental or consequential damages of any kind or
for lost profits.
Buyer is solely responsible for installing, storing, operating and maintaining the goods delivered hereunder in
compliance with all applicable laws, rules and regulations, and any local labeling requirements or labeling required
under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as “Proposition 65”) and its
implementing regulations. In no event shall Seller be liable for Buyer’s failure to install, store, operate or maintain
the goods in compliance with any applicable law, rule or regulation.
Summary of Contents for AC107
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