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WARRANTY INFORMATION
Ruskinn Technology Limited warrants for the applicable time period that the InvivO
2
will
substantially perform in accordance with the user documentation. The terms of this
Agreement do not affect or prejudice the statutory rights of a consumer acquiring the
Ruskinn Technology Limited InvivO
2
otherwise than in the normal course of a business.
THIS WARRANTY DOES NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
(A) IF THE Ruskinn Technology Limited InvivO2 HAS BEEN REPAIRED BY PERSONS NOT
AUTHORIZED BY Ruskinn Technology Limited; OR
(B) THE Ruskinn Technology Limited InvivO
2
and associated accessories/peripherals HAVE
BEEN ALTERED, MODIFIED, OR MISUSED; OR
(C) THE Ruskinn Technology Limited InvivO
2
IS USED WITH NON- Ruskinn Technology
Limited COMPONENTS; OR
(D) THE Ruskinn Technology Limited InvivO
2
OR A COMPONENT IS USED FOR OTHER USES
(FOR EXAMPLE USE WITH OTHER CIRCUIT BOARDS OR SOFTWARE) OR
(E) THE Ruskinn Technology Limited InvivO
2
HAS NOT BEEN MAINTAINED OR USED IN
ACCORDANCE WITH THE INSTALLATION AND USER GUIDE. UNLESS PROHIBITED BY LAW,
THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, THE IMPLIED WARRANTY OF MERCHANTABILITY, OR ANY IMPLIED WARRANTY
ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF
TRADE. Ruskinn Technology Limited DOES NOT WARRANT THAT THE Ruskinn Technology
Limited InvivO2 WILL FUNCTION ERROR FREE.
If within the Warranty Period, the Ruskinn Technology Limited InvivO
2
does not conform to
the express warranty set forth above, Ruskinn Technology Limited's sole obligation and
Users sole remedy shall be, at Ruskinn Technology Limited's option: 1. to repair or replace
the non-conforming component; or, 2. refund the purchase price.
LIMITATION OF LIABLITY.
UNLESS PROHIBITED BY LAW, Ruskinn Technology Limited WILL NOT BE LIABLE TO USER
OR OTHERS FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
SPECIAL DAMAGES INCLUDING,
FOR EXAMPLE, LOST PROFITS, BUSINESS, INVESTMENTS, OR OPPORTUNITIES EVEN IF
Ruskinn Technology Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The parties agree that Ruskinn Technology Limited total cumulative liability to User for
direct damages for all causes under this Agreement shall not exceed £5,000,000 (FIVE
MILLION UK STERLING POUNDS), or the price paid for the Ruskinn Technology Limited
InvivO2 whichever is higher. Some states or countries may have laws which require liability
rights different from those stated above. In such states or countries, the minimum
required liability terms shall apply.
