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(8) Matching of color, grain or texture except to commercially acceptable standards;
(9) Changes in color caused by natural or artificial light;
(10) Custom manufactured products;
(11) Alterations or modifications to the product by any person or entity other than
BEYES;
(12) Products that would otherwise by covered under Sections 1 and 2 of this limited
warranty, but are acquired: (i) from a person or entity that is not BEYES or one of its
authorized dealers; or (ii) from a BEYES dealer that is not authorized to sell the product
at issue in the geographic territory where the purchaser is located, or is not authorized to
sell the product at issue within the medical, animal health or dental market, as the case
may be, in which purchaser intends to use the product.
12.4. EXCLUSIVE REMEDY; CONSEQUENTIAL DAMAGES DISCLAIMER
BEYES’ OBLIGATION UNDER THIS LIMITED WARRANTY IS THE REPAIR OR
REPLACEMENT OF DEFECTIVE PARTS. BEYES SHALL NOT BE LIABLE FOR
AND HEREBY DISCLAIMS ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DELAYS, INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INCOME, LOSS OF USE,
DOWNTIME, COVER AND EMPLOYEE OR INDEPENDENT CONTRACTOR WAGES,
PAYMENTS AND BENEFITS.
12.5. WARRANTY DISCLAIMER
THIS LIMITED WARRANTY IS BEYES ONLY WARRANTY AND IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BEYES MAKES NO
IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE
PARTS.
