37
D. Limitations. No salesperson, representative, or agent of PPoint is authorized to make any guaranty,
warranty, or representation that contradicts the terms contained in this Limited Warranty. Any
waiver, alteration, addition, or modification to the warranties contained herein must be in writing
and signed by authorized representatives of PPoint to be valid, binding, and enforceable. PPoint
does not assume responsibility for any specific application to which any products or parts are
applied including, but not limited to, compatibility with other equipment. All statements, technical
information, or recommendations relating to the products or parts are based upon tests believed
to be reliable, but do not constitute a guaranty or warranty. PPOINT SHALL NOT UNDER
ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO ANY PARTY FOR LOSS OF PROFITS,
DIMINUTION OF GOOD WILL, OR ANY OTHER SPECIAL, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES WHATSOEVER WITH RESPECT TO ANY CLAIM IN CONNECTION WITH PPOINT
PRODUCTS AND/OR PARTS. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to particular
end users.
E. What May Void the Warranty. This Limited Warranty shall be null and void in the following
circumstances:
1. Modification or repair by the end user or any non-authorized PPoint service provider; or
2. Improper use or installation, or damage by accident or neglect, by the end user or any third
party, or intentional damage by the end user or any third party; or
