Electromotive xdi, Installation Manual & Users Manual

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XDI Manual Version 1.8 Page 5
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2017 Electromotive, Inc.
A. Accident, misuse, neglect, contamination, fire, water, lightning, or other acts of nature,
unauthorized product modification, tampering, or failure to follow instructions supplied
with the product/available for download from
www.electromotive-inc.com
B. Repair or attempted repair by anyone not authorized by Electromotive.
C. Removal or installation of the product.
D. Causes external to the product, such as electric power fluctuations or failure
E. Use of supplies or parts not meeting Electromotive specifications.
F. Shipment.
G.
Any cause other than a defect in a product sold or provided by Electromotive.
Determinations:
All determinations as to warranty coverage, warranty exclusion, and appropriate remedy will be made in the
reasonable discretion of Electromotive.
Disclaimer of Implied Warranties:
Apart from the above Limited Warranty, Electromotive disclaims all warranties, express or implied, including
but not limited to the implied warranties or merchantability and fitness for a particular purpose, and any
warranties that might otherwise arise from usage of trade or course of dealing.
Exclusion of Damages:
Your sole and exclusive remedy, and Electromotive’s entire obligation, for breach of warranty is repair or
replacement of the defective product. Electromotive’s liability is limited to repair or replacement of the
defective product. In no event will Electromotive be liable for any monetary damages, whether direct, indirect,
consequential, special, incidental, punitive, exemplary, or other damages, arising out of or in connection with
any product (including third party products) sold or provided by Electromotive. This exclusion applies to all
monetary damages of any kind, including but not limited to:
1. Costs of removal, installation, tuning or set up of the product before or after the malfunction.
2. Damage to, or costs of repair to, the engine or vehicle on which the product was installed or to any
other property.
3. Damages for inconvenience, loss of use of the product, loss of time, loss of profits, loss of business
opportunity, loss of goodwill, interference with business relationships, or other commercial loss, even
if advised of their possibility of such damages.
4. Claims against the customer by third parties.
5. Shipping charges from the customer to Electromotive.
6. Damages or costs resulting from a cause other than a defect in a product sold or provided by
Electromotive.
This exclusion of damages shall apply to the maximum extent permitted by applicable law and shall continue in
effect regardless of whether Electromotive has been advised or should have known of the possibility of any
particular damages, regardless of whether any exclusive remedy provided in this Agreement is deemed to have
failed of its essential purpose, and regardless of whether the customer is deemed to have been left without an
effective remedy.