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agrees that while Manufacturer has undertaken commercially reasonable efforts to ensure that the
Product functions in accordance with Manufacturer’s applicable published specifications, some risk of
flooding or other failure remains when the Product is used, which risk the Purchaser assumes.
In the event Purchaser returns the Product to Manufacturer with the Claim Requirements, and
Manufacturer is able to replicate the alleged defects or leaks, and determines in its reasonable discretion
that the Product contains a defect in workmanship or materials, Manufacturer will, in its absolute and
sole discretion, repair or replace this Product and return it to Purchaser free of charge. In the event that
Manufacturer is unable to replicate alleged defects or leaks, or determines that the product does not
contain a defect in workmanship or materials, Manufacturer will notify Purchaser and upon request by
Purchaser Manufacturer will return the Product to Purchaser at Purchaser expense.
Excluded from this warranty are any damages caused by the failure to use the Product in accordance
with Manufacturer’s published specifications, cosmetic damages, damages caused by abuse, misuse,
wear, tear, water damage caused by damaged O-ring or O-ring contact surfaces or debris trapped
between the product housing and the O-ring, damages caused by exposure to sunscreens or other
chemicals, repair or attempted repair by unauthorized persons, improper storage, non-performance of
scheduled maintenance, and battery leakage.
THE FOREGOING IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER’S
SOLE AND EXCLUSIVE OBLIGATION, WITH RESPECT TO A CLAIM THAT A PRODUCT IS
DEFECTIVE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, MANUFACTURER
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE TO PURCHASER OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INJURIES TO PERSONS OR PROPERTY,
OR DAMAGES FOR WHICH PURCHASER MAY BE LIABLE TO OTHER PERSONS OR ENTITIES,
EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
WHETHER THE CLAIM IS FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF
WARRANTY, TORT, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY. ANY OF THE FOREGOING NOTWITHSTANDING, IN NO EVENT
SHALL MANUFACTURER’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING
TO THE SALE OF THE PRODUCT EXCEED THE PURCHASE PRICE PAID TO MANUFACTURER
FOR THE PRODUCT.
This limited warranty is governed by the laws of the State of New Jersey, U.S.A. Any warranty claim, or
other dispute arising out of or related to this limited warranty or the Product, shall be brought exclusively
in the state or federal courts located in the State of New Jersey, U.S.A., the exclusive jurisdiction and
venue of which Purchaser and any party from which Purchaser purchased the Product, directly or
indirectly, irrevocably consent to for this purpose.
