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(5) Charges by anyone for adjustments, repairs, replacement parts, installation or other work
performed upon or in connection with such products which are not expressly authorized in writing in
advance by BEYES;
(6) Costs and expenses of routine maintenance and cleaning;
(7) Representations and warranties made by any person or entity other than BEYES;
(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.
9.4 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.
9.5 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.