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electrical stress or lightning, or use in conjunction with incompatible
equipment, unless such use was with CHANNEL MASTER’s prior
written request;
(e)
Cosmetic damage;
(f)
Accidental damage,
negligence, modification, mishandling, abuse or misuse; or
(g)
Force
Majeure.
LIMITATION ON DAMAGES:
7.1
THIS WARRANTY IS THE CUSTOMER’S EXCLUSIVE WARRANTY FOR
THE EQUIPMENT, CHANNEL MASTER SPECIFICALLY DISCLAIMS ALL
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
OF MERCHANTABILITY.
7.2
CHANNEL MASTER WILL NOT BE LIABLE
IN TORT, INCLUDING LIABILITY IN NEGLIGENCE OR STRICT LIABILITY,
AND WILL HAVE NO LIABILITY AT ALL FOR INJURY TO PERSONS OR
PROPERTY. CHANNEL MASTER’S LIABILITY FOR FAILURE TO FULFILL ITS
OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY UNDER
OR IN CONNECTION WITH THE EQUIPMENT WILL BE LIMITED TO THE
AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT AT THE TIME OF
ORIGINAL PURCHASE. THE REMEDIES STATED IN THIS WARRANTY ARE
THE CUSTOMER’S EXCLUSIVE REMEDIES AGAINST CHANNEL MASTER
REGARDING THE EQUIPMENT.
7.3
EVEN IF CHANNEL MASTER HAS BEEN
NOTIFIED OF THE POSSIBILITY OF THEM, CHANNEL MASTER WILL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS AND REVENUES, FAILURE TO
REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A
THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF
ANY KIND.
7.4
THESE LIMITATIONS AND DISCLAIMERS ARE NOT MADE BY
CHANNEL MASTER WHERE PROHIBITED BY LAW.
