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8. Warranty
LEXIN warrants that this product shall conform to and perform in accordance with published
technical specifications and the accompanying written materials, and shall be free of defects in
materials and workmanship, for a period of two (2) year from the date of purchase by the first
consumer purchaser of the Product. The limited warranty
extends only to the original consumer purchaser of the Product and is not assignable
or transferable to any subsequent purchaser/end-user.
This warranty is limited to the repair and/or replacement, at LEXIN’s discretion, of defective or
non-conforming Product, and LEXIN shall not be responsible for the failure of the Product to
perform specified functions, or any other non- conformance caused by or attributable to: (a) any
misapplication or misuse of the Product; (b) failure of Customer to adhere to any of LEXIN’s
specifications or instructions; (c) neglect of, abuse of, or accident to, the Product; or (d) any
associated or complementary equipment or software not furnished by LEXIN.
Limited warranty service may be obtained by delivering the Product to LEXIN or to the
international distributor it was purchased through and providing proof of purchase or receipt date.
Customer agrees to insure the Product or assume the risk of loss or damage in transit, to prepay
shipping charges to LEXIN, and to use the original shipping container or equivalent.
9.Waiver and General Release
By using the Product, you will waive substantial legal rights including the right to use. Please read
the following carefully before using the device. By using the Product, you
agree to be bound to this agreement and forfeit the right to
sue
.
By using the Product, you are irrevocably releasing, indemnifying from any liability, loss, claim
and expense (including attorney’s fees) and holding LEXIN harmless for any bodily injuries, harm
or death as well as losses or damages in goods, to any vehicles including your own, or to any
property or asset that belong to you or to third parties, any of which may result from using the
Product under any circumstances or conditions and irrespective of jurisdiction.
9.1. You, your heirs, legal representatives, successors or assigns, hereby voluntarily and forever
release, discharge, indemnify and hold harmless LEXIN from any and all litigation, claims, debts,
demands, actions and liability which may arise, directly or indirectly, from using the Product for
any distress, pain, suffering, discomfort, loss, injury, death, damages to or in respect to any person
or property however caused, WHETHER ARISING FROM THE NEGLIGENCE OR
OTHERWISE, and which may hereafter accrue to you on some future date as a result of said use,
to the fullest extent permitted by law.
9.2. You fully understand and assume the risks in using the Product, including risk of negligent
acts or omissions by others. All risks for operating the Product are assumed solely by the user of
the Product.
9.3. You confirm that you are physically capable to use the Product and that you have no medical
conditions or needs that may infringe upon your abilities to do so in a safe manner. You confirm
that you are at least eighteen (18) years of age and that you have been advised of the risks
associated with the use of the Product. You further confirm that you will not consume any alcohol
