Design Analysis H-350XL, Owner'S Manual

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W-2 User Agreement /
W
ATER
LOG
Warranty
XL Series
®
(b) What USER Must Do
If the product fails to satisfy the above warranty, USER must notify DESIGN ANALYSIS in
writing within the applicable period specified above and reasonably cooperate with the directions
they received from DESIGN ANALYSIS.
(c) What DESIGN ANALYSIS Will Do
DESIGN ANALYSIS will repair the PRODUCT or will endeavor to provide a replacement of
same within a reasonable period of time. In the event that DESIGN ANALYSIS is unable to
make the necessary repairs or replacement within a reasonable period of time, the original
purchase price will be refunded upon the return of the PRODUCT to DESIGN ANALYSIS.
(d) Limitations
(i) THE ENTIRE REMEDY FOR BREACH OF THIS LIMITED WARRANTY
SHALL BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT
OR REFUNDING OF THE PURCHASE PRICE, AS SET FORTH ABOVE.
IN NO EVENT WILL THE LIABILITY OF DESIGN ANALYSIS TO USER
OR TO ANY OTHER PARTY EXCEED THE ORIGINAL PURCHASE PRICE
OF THE PRODUCT, REGARDLESS OF THE FORM OF THE CLAIM.
(ii) EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN ANALYSIS
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(iii) UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY
OTHER DAMAGES OR CLAIMS ARISING FROM THE USE OF THIS
PRODUCT, THIS INCLUDES LOSS OF PROFITS OR ANY OTHER
COMMERCIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL DESIGN ANALYSIS BE LIABLE
FOR ANY CLAIMS, LIABILITY, OR DAMAGES ARISING FROM
MODIFICATION MADE THEREIN, OTHER THAN BY DESIGN
ANALYSIS.
(iv) THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS.
USER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THOSE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
6. GOVERNING LAW
This Agreement and its validity and interpretation shall be governed by the laws of the State of Utah,
notwithstanding any choice of law rules of Utah or any other state or jurisdiction.