
-22-
misuse, failure to follow instructions, improper installation or
maintenance,alteration, accident, or excess voltage or current; (b) improper or
incorrectly performed repairs by non-authorized service facilities; (c) onsite
customer instruction or adjustments; (d) transportation, shipping, delivery,
insurance, installation or set-up costs; (e) costs of product removal,
transportation or reinstallation costs; (f) ordinary wear and tear, cosmetic
damage or damage due to acts of nature, including but not limited to water,
floods, wind, tornado, earthquake or fire, or due to damage caused by
automobile accidents or extraordinary impact events, such as dropping or
crushing; (g) commercial use of the Product; (h) modification of the Product or
to any part of the Product.
This Warranty applies to the original consumer only and does not cover
Products sold AS IS or WITH ALL FAULTS, or consumables (e.g., fuses,
batteries, etc.).The Warranty is invalid if the factory-applied serial number has
been altered or removed from the Product. This Warranty is valid only in the
United States and Canada, and only applies to products purchased and
serviced in the United States and Canada. All replaced parts and Products, and
Products on which a refund is made, become the property of Element. The
addition of equipment or features to the Product that are not manufactured or
recommended by Element could affect the intended function of the Product, and
therefore may void the Warranty. The Warranty is contingent upon the proper
use, maintenance and care of the Product. The Warranty may be void if the
Product has been used in a manner contradictory to or in violation of the terms
of the user's manual, warnings or instructions accompanying the Product.
This Warranty is made in lieu of and supersedes all other warranties or
conditions of merchantability or fitness for a particular purpose or general use,
whether express, implied, collateral, statutory, or provided by common law, the
Uniform Commercial Code or otherwise. Element further disclaims all
warranties after the end of the Warranty Period defined above. No other
express warranty or guaranty given by any other person, firm or entity with
respect to the Product shall be binding on Element. Repair, replacement, or
refund of the original purchase price, at Element's sole discretion, are the
exclusive remedies of the customer. Element shall not be liable for any
incidental or consequential damages caused by the use, misuse or inability to
use the Product. These include but are not limited to any damages in the form
of lost profits, loss of use, legal fees, economic loss, personal injuries, or any
other damages caused by circumstances beyond the control of Element.
Notwithstanding the foregoing, the customer's recovery shall not exceed the
purchase price of the Product. This Warranty shall not extend to anyone other
than the original customer who purchased the Product, and is not transferrable.
No person is authorized to alter, extend or waive the Warranty of Element.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, or allow limitations on warranties, so the above
limitations or exclusions may not apply to you. This Warranty gives you specific
rights, and you may have other rights, which vary from state to state. The
exclusions and limitations to the Warranty apply to the maximum extent
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