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the Purchaser the purchase price for the defective product, or return the repaired
Product or a replacement thereof to Purchaser, freight and insurance billed to the
Purchaser, as soon as reasonably possible following receipt of the Product by
Chattanooga If Chattanooga determines in its sole reasonable discretion that the
Product does not contain defective workmanship or materials Chattanooga will
return the Product to the Purchaser, freight and insurance billed to the Purchaser
B This warranty is voided immediately as to any Product which has been repaired or
modified by any person other than authorized employees or agents of Chattanooga
or which has been subjected to misuse, abuse, neglect, damage in transit, accident
or negligence
C Except as provided in paragraph I, the product is being sold on an “as is” basis, all
accessories are sold “as is”, and the entire risk as to the quality and performance
of the product is with purchaser The warranty provided in paragraph I is intended
solely for the benefit of the initial purchaser and Chattanooga disclaims all other
warranties, express or implied including, but not limited to any implied warranties
however, that notwithstanding the foregoing sentence in the event an implied
warranty is determined to exist, the period for performance by Chattanooga
thereunder shall be limited to the lifetime of the initial purchaser No employee,
representative or agent of Chattanooga has any authority to bind Chattanooga to
any affirmation, representation or warranty except as stated in this written warranty
policy (This warranty gives purchaser specific legal rights and purchaser may
also have other rights which vary from state to state Some states do not allow
limitations of how long an implied warranty lasts, so the above limitation may not
apply to the purchaser )
D Chattanooga shall not be liable to any person for any direct, indirect, special,
incidental, or consequential damages, lost profits or medical expenses caused
by any defect, failure, malfunction or otherwise of the product, regardless of the
form in which any legal or equitable action may be brought against Chattanooga
(e g Contract, negligence or otherwise) the remedy provided in paragraph I above
shall constitute purchaser’s sole remedy In no event shall Chattanooga’s liability
under any cause of action relating to the product exceed the purchase price of
the product