ELSA Synergy 2000, Manual

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Appendix
41
| ELSA Synergy 2000 |
EN
charges involved in shipping the Product to and from ELSA or ELSA's dealer, and purchaser
must prepay all shipping charges.
c) ELSA will not be responsible for replacing Product that is damaged by:
i) Accident, abuse, misapplication, mishandling, alteration, electrical current fluctuations,
incompatible hardware or software, improper installation or operation, or improper pack-
aging while the Product is in the possession of the purchaser,
ii) The purchaser's failure to follow operating, maintenance, storage, or environmental in-
structions as set forth in the Product manual and specifications.
d) The warranty also does not apply if purchaser has submitted the Product for opening, mod-
ifications or repairs to persons other than ELSA or an authorized ELSA dealer.
e) ANY IMPLIED WARRANTIES ON THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURA-
TION TO THE EXPRESS LIMITED WARRANTY PERIOD OF SIX (6) YEARS AS SPECIFIED
ABOVE.
f) THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ELSA DOES NOT WARRANT THAT
THE PRODUCT WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE OPERATION OF
THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, ELSA DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RE-
SULTS OF USE OF THE PRODUCT OR RELATED DOCUMENTATION IN TERMS OF THEIR COR-
RECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN
COMMUNICATIONS BY ELSA OR ELSA'S AUTHORIZED DEALERS OR REPRESENTATIVES
SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
(SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THEREFORE
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU).
g) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELSA ENTITIES
SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO PURCHASER FOR CONSEQUEN-
TIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RESULTING FROM BREACH OF WAR-
RANTY OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES
ARISING OUT OF OR CAUSED BY ANY MALFUNCTION, DELAY, LOSS OF DATA OR PRO-
GRAMS, LOSS OF PROFIT, INTERRUPTION OF SERVICE, DAMAGE TO OR REPLACEMENT OF
EQUIPMENT OR PROPERTY, OR LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF
ELSA OR ELSA DEALERS OR AUTHORIZED REPRESENTATIVES HAVE BEEN APPRISED OF
THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. ELSA SHALL NOT BE RESPONSIBLE
FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT.
h) THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL
PURCHASER OF THE PRODUCT OR THE PERSON FOR WHOM IT WAS PURCHASED AS A
GIFT, AND STATES THE EXCLUSIVE REMEDY HEREIN.