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Equipment to be returned by the Customer without first
obtaining a Return Authorization Number from Zentox.
Equipment which is repaired or replaced pursuant to this
Warranty shall continue to be warranted for the
unexpired portion of the Warranty Period applicable to
the Equipment so repaired or replaced. Zentox shall
make the final determination as to the existence or
cause of any alleged defect.
C. The foregoing warranty shall not be valid (i) if the
alleged defect is the result of abuse, misuse, accident,
alteration, neglect, unauthorized repair or the Equipment
is otherwise operated improperly. Any repair other than
scheduled maintenance per Zentox written instructions,
shall be deemed unauthorized unless it is made (i) by
Zentox or a duly authorized agent of Zentox or (ii) with
the prior written consent of Zentox.
D. THIS WARRANTY IS THE SOLE WARRANTY
MADE BY ZENTOX TO THE CUSTOMER AND IS IN
LIEU
OF
ALL
OTHER
WARRANTIES
OR
OBLIGATIONS, EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION , ALL IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, APPLICATION OR USE, ALL
OF WHICH ARE EXPRESSLY DISCLAIMED.
E. THE CUSTOMER AGREES THAT ZENTOX SHALL
BE LIABLE HEREUNDER ONLY FOR ACTUAL AND
DIRECT DAMAGES SUFFERED BY THE CUSTOMER
AND THAT IN NO EVENT SHALL ZENTOX BE LIABLE
FOR
ANY
SPECIAL,
INCIDENTAL,
INDIRECT,
PUNITIVE,
OR
CONSEQUENTIAL
DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF
PROFITS, LOSS OF USE, OR ANY OTHER
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