4200-097
vii
Revision 1.06
THIS WARRANTY DOES NOT COVER shipping costs, installation costs, or maintenance or service items and further, except as may be
provided herein, does NOT include labor costs or transportation charges arising from the replacement of the Albér product or any part thereof
or charges to remove or reinstall same at any premises of User.
REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT OR PART THEREOF DOES NOT EXTEND THE ORIGINAL WARRANTY
PERIOD.
Limitations:
•
THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
•
USER'S SOLE AND EXCLUSIVE REMEDY IS REPAIR OR REPLACEMENT OF THE ALBÉR PRODUCT AS SET FORTH
HEREIN.
•
IF USER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION,
ALBÉR'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED THE NET PRODUCT PURCHASE
PRICE.
•
IN NO EVENT SHALL ALBÉR ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS
INTERRUPTION OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE,
STRICT LIABILITY, TORT, OR OTHERWISE.
Miscellaneous:
•
NO SALESPERSON, EMPLOYEE OR AGENT OF ALBÉR IS AUTHORIZED TO ADD TO OR VARY THE TERMS OF THIS
WARRANTY. Warranty terms may be modified, if at all, only by a writing signed by a Albér officer.
•
Albér obligations under this Warranty are conditioned upon Albér timely receipt of full payment of the product purchase price and any
other amounts due. During the period when any amounts are overdue from User, Albér warranty obligations shall be suspended. The
warranty expiration date shall not be extended upon payment of the overdue amount. Albér reserves the right to supplement or change
the terms of this Warranty in any subsequent warranty offering to User or others.
•
In the event that any provision of this Warranty should be or becomes invalid and/or unenforceable during the warranty period , the
remaining terms and provisions shall continue in full force and effect.
•
This Warranty shall be governed by, and construed under, the laws of the State of Florida, without reference to the conflict of laws
principles thereof.
•
This Warranty represents the entire agreement between Albér and User with respect to the subject matter herein and supersedes all
prior or contemporaneous oral or written communications, representations, understandings or agreements relating to this subject.
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