WARRANTIES EXCLUSIVE:
IF THE TRENDWARE PRODUCT DOES NOT OPERATE
AS WARRANTED ABOVE, THE CUSTOMER'S SOLE REMEDY SHALL BE, AT
TRENDWARE'S OPTION, REPAIR OR REPLACEMENT. THE FOREGOING
WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER
WARRANTIES, EXPRESSED OR IMPLIED, EITHER IN FACT OR BY OPERATION OF
LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TRENDWARE
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT
ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION
MAINTENANCE OR USE OF TRENDWARE'S PRODUCTS.
TRENDWARE SHALL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING
AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT IN THE PRODUCT
DOES NOT EXIST OR WAS CAUSED BY CUSTOMER'S OR ANY THIRD PERSON'S
MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED
ATTEMPTS TO REPAIR OR MODIFY, OR ANY OTHER CAUSE BEYOND THE
RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OR OTHER
HAZARD.
LIMITATION OF LIABILITY: TO THE FULL EXTENT ALLOWED BY LAW TRENDWARE
ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND,
OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF
INFORMATION OR DATE, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN
CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE,
PERFORMANCE, FAILURE, OR INTERRUPTION OF THE POSSIBILITY OF SUCH
DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR, REPLACEMENT, OR REFUND
OF THE PURCHASE PRICE PAID, AT TRENDWARE'S OPTION. THIS DISCLAIMER
OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY
PROVIDED HEREIN SHALL FAIL OF ITS ESSENTIAL PURPOSE.
Governing Law:
This Limited Warranty shall be governed by the laws of the state of
California.
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