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5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER VARJO NOR ITS
SUPPLIERS SHALL BE RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS OR COMMERCIAL
LOSS, BUSINESS INTERRUP- TION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA, LOSS
OF PRIVACY, LOSS OF CON- FIDENTIALITY, COST
OF ANY REPLACEMENT GOODS OR SUBSTITUTE
EQUIPMENT, OR LOSS OF USE WHILE THE VARJO
PRODUCT IS BEING REPLACED OR REPAIRED.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE ENTIRE LIABILITY OF
VARJO AND ITS SUPPLIERS UNDER THIS LIMITED
WARRANTY SHALL BE LIMITED TO THE AMOUNT
ACTU- ALLY PAID BY YOU FOR THE VARJO
PRODUCT. THESE EXCLUSIONS APPLY EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
VARJO HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES, FOR ANY CLAIM ARISING
FROM OR RELATED TO THIS LIMITED WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT PRODUCT LIABILITY OR ANY OTHER
CAUSE OF ACTION OR LEGAL OR EQUITABLE
THEORY. Some states and countries do not
allow the exclusion or limitation of incidental
or consequential damages, so limitations or
exclusions in this Limited Warranty may not apply
to you.
No Varjo employee or representative or its affiliates
or any third party is authorized to make any
modification, extension or addition to the Limited
Business Warranty or any part of these Terms.
6. General provisions
6.1 This Limited Warranty shall be subject to Finnish
law, excluding its choice of law provisions. The UN
Convention on Contracts for the International Sale
of Goods shall not apply. Any dispute, controversy
or claim arising out of this Limited Warranty shall
be finally settled by arbitration in accordance with
the Arbitration Rules of the Finland Chamber of
Commerce. Seat of arbitration shall be Helsinki. The
language of the arbitration shall be English.
6.2 If any provision of this Limited Warranty is
found to be illegal, invalid or unenforceable under
the laws of any jurisdiction, this will not affect
the legality, validity or enforce- ability of any other
provision of the Limited Warranty.
