9
LIBERTY GARDEN PRODUCTS LIMITED WARRANTY CONTINUED
2. EXCLUSION AND LIMITATION OF LIABILITY:
IN NO EVENT, WHETHER BASED ON CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL COMPANY BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES TO OTHER PROPERTY, INCONVENIENCE, DAMAGES FOR LOSS OF PROFITS,
REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN
CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states do not allow the exclusion or limitation of incidental or consequential damages or
exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to Customer. In
jurisdictions that limit the scope of or preclude limitations or exclusion of remedies or damages, or of liability, such as liability for gross negligence
or willful misconduct or do not allow implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or liability set
forth above are intended to apply to the maximum extent permitted by applicable law. This limited warranty gives the Customer specific legal rights,
and the Customer may also have other rights that vary by state, country or other jurisdiction.
3. SEVERABILITY:
If any provision of this limited warranty is held to be illegal, invalid or otherwise unenforceable, such provision will be enforced to the extent possible
consistent with its stated intention, or, if incapable of such enforcement, will be deemed to be severed and deleted from this limited warranty, while
the remainder of the terms of this limited warranty will continue in full force and effect.
4. DISPUTE RESOLUTION:
This
Liberty Garden Products, Inc.
Limited Warranty shall be governed by and construed in accordance with the laws of the State of North
Carolina, without regard to its principles of conflicts of law. The parties acknowledge the exclusive jurisdiction of the federal and state courts of the
State of North Carolina. Any claims or disputes under this
Liberty Garden Products, Inc.
Limited Warranty shall be heard exclusively in any state
or federal courts sitting in Guilford County, North Carolina, and both parties expressly consent to the personal jurisdiction and venue of the North
Carolina state and federal courts for such actions.
