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i)
this warranty will not apply to any product that was sold to the original purchaser
as a reconditioned or refurbished product (unless otherwise specified in writing);
j)
this warranty will not apply to any product or part thereof if any part from another
manufacturer is installed therein or any repairs or alterations have been made or
attempted by unauthorized persons;
k) this warranty will not apply to normal deterioration of the exterior finish, such as,
but not limited to, scratches, dents, paint chips, or to any corrosion or discolouring
by heat, abrasive and chemical cleaners; and
l)
this warranty will not apply to component parts sold by and identified as
the product of another company, which shall be covered under that product
manufacturer’s warranty, if any;
m) any products replaced by the retailer in attempt to fulfill warranty obligations is
subject to the original product warranty conditions and related time period as
initiated by the original date of purchase; if product is purchased in Quebec, the
warranty term will be extended for a period equal to the time during which the
Quebec retailer possesses the product in attempt to fulfill warranty obligations;
replaced product will not default to new product warranty conditions; and
n) The retailer and manufacturer’s sole obligation and the purchaser’s sole remedy
under this warranty shall be as set out herein. The warranties contained herein
are not transferable and are given only to the purchaser. FURTHER, THE
WARRANTIES SET OUT HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES OR
CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING SUCH
AS ARISE UNDER THE SALE OF GOODS ACT OR THE INTERNATIONAL SALE OF
GOODS ACT), ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE
OR OTHERWISE, INCLUDING, SUBJECT TO APPLICABLE LAW, ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS OR ADEQUACY FOR A PARTICULAR PURPOSE OR USE, AND
ALL OTHER SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED BY THE RETAILER
AND MANUFACTURER.
ADDITIONAL LIMITATIONS
This warranty applies only to the original purchaser and may not be transferred.
This warranty applies for a period of 5 years from the date of original retail purchase, as
indicated on the bill of sale.
Neither the retailer, Maximum Canada, nor the manufacturer shall be liable for any
other expense, loss or damage, including, without limitation, any indirect, incidental,
consequential or exemplary damages arising in connection with the sale, use or inability
to use this product.
Under no circumstances shall the retailer, Maximum Canada, or manufacturer be
liable to the purchaser for any claim for (a) indirect, special, punitive, incidental,
exemplary, or consequential damages, (b) compensation for loss of profits, anticipated
revenue, savings or goodwill, or other economic loss of the purchaser, (c) exemplary,
aggravated or punitive damages howsoever incurred, (d) contribution or set-off in
respect of any claims against the purchaser, (e) any damages whatsoever relating
to third party products or services or the purchaser’s materials, or (f) any damages
whatsoever relating to interruption, delays, errors or omissions; in each case under any
theory of law or equity, arising out of or in any way related to this warranty, even if
advised of the possibility thereof. Notwithstanding any provision herein or entitlement
of the purchaser at law, in equity or otherwise, in no event shall the liability of the
retailer or manufacturer under this warranty, whether in contract, tort, product liability
or otherwise, exceed, in the aggregate, the amount paid by the purchaser to the retailer
for the product to which this warranty applies.
NOTICE TO CONSUMER
This warranty gives you specific legal rights, and you may have other rights, which
may vary from province to province. The provisions contained in this warranty are not
intended to limit, modify, take away from, disclaim or exclude any statutory warranties
set forth in any applicable provincial or federal legislation.
In addition to the 5-Year Limited Warranty, this MAXIMUM product is covered by
our:
3-YEAR BATTERY/CHARGER REPAIR WARRANTY
Maximum Canada will repair or replace the batteries/chargers which have worn beyond
reasonable use due to normal use of such items, for a period of three (3) years from the
date of original purchase.
Any defects with such battery and/or charger will be subject to repair or replacement
as determined by the Service Provider. For proper servicing, both the battery and
charger will require diagnosis to evaluate warranty requirements and therefore must
both be provided to the Service Provider at the time of service request.
The following is excluded from this 3-Year Battery/Charger Repair Warranty:
a) Damages that are a result of abuse or misuse
b) Any wear and tear that does not affect the core function of the product.
1-YEAR REPAIR WARRANTY
Maximum Canada will maintain this product and replace critical parts which have worn
beyond reasonable use through normal use of such product, any time during the first
year after purchase.
The following are excluded from this 1-Year Repair Warranty:
a) Missing or damaged parts or components that are a result of abuse or misuse;
b) Any wear and tear to non-critical parts or accessories that do not affect the core
function of the product.
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