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modifications, failure to meet manufacturer’s specifications or any other cause beyond
the range of normal usage, or by accident, fire or other hazard. Repair or replacement of a
part does not extend the warranty period or extend the prorated value of a part or product
beyond the initial limited warranty periods as specified and set forth above.
THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL PROSUN BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES
WITH RESPECT TO THE PRODUCTS DELIVERED HEREUNDER OR SUBSEQUENT USE
THEREOF.
Limitation of Liability:
PROSUN shall not be liable for any loss, damages, or penalty resulting from failure to
perform any of its obligations under this Agreement due to major force or any cause
beyond its reasonable control.
PROSUN’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL NOT
EXCEED THE REFUND OF THE PURCHASE PRICE LESS REASONABLE RENTAL FOR
PAST USE. IN NO EVENT SHALL PROSUN BE LIABLE FOR COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS BY THE PURCHASER OR FOR UNAUTHORIZED REPAIRS
UNDERTAKEN BY THE PURCHASER WITHOUT PROSUN’S PREVIOUS WRITTEN
APPROVAL. IN NO EVENT SHALL PROSUN BE LIABLE FOR ANY SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR
BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. PROSUN DISCLAIMS ANY
OBLIGATION OR LIABILITY FOR LOSS OF USE OF THE PRODUCT WARRANTED, LOSS
OF TIME, INCONVENIENCE, RENTAL OR SUBSTITUTE PRODUCTS, LOSS OF BUSINESS,
LOSS OF INCOME, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL,
SPECIAL OR INCIDENTAL DAMAGES.
Governing Law: Notwithstanding principles of conflicts of law of any jurisdiction to the
contrary, all terms and provisions of this Agreement are to be construed and governed
by the laws of the state of Florida without regard to the laws of any other jurisdiction.
The Purchaser waives any and all privileges and rights which they may have under
Chapter 47, Florida Statutes (1993), relating to venue as it now exists or may hereafter be
amended, and under any other statute, or administrative provision thereof in any legal
action on this Agreement; and further, the Purchaser agrees that any legal action brought
on this Agreement or in connection therewith, shall be brought in the appropriate court in
Pinellas County, Florida.
Attorney’s Fees: Should a dispute arise with regard to this warranty or any other aspect
of this sale the prevailing party shall be entitled to reasonable attorney’s fees and costs
through appeal under Florida Law.
