8.
A repaired Product may consist of used components, some of which have
been reprocessed. All used components comply with Product performance
and reliability specifications.
9.
Returning a Product for warranty repair or replacement will not extend the
original warranty period.
10. Firefly's limit of liability under the warranty shall be the actual cash value of
the Product at the time the Consumer returns the Product for repair. The
cash value shall be determined by the price paid by the Consumer for the
Product less a reasonable amount for usage.
Firefly shall not be liable for
any other losses or damages.
11.
The remedies set forth in this limited warranty are Your exclusive remedies
for breach of warranty.
12.
THE FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE OR USE.
IN NO EVENT SHALL FIREFLY BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED EQUIPMENT, LOSS OF DATA, COST OF CAPITAL,
COST OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT OR
ARISING FROM BREACH OF THE WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY,
EVEN IF FIREFLY KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. FIREFLY
SHALL NOT BE LIABLE FOR DELAY IN RENDERING SERVICE UNDER THE LIMITED
WARRANTY, OR LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS
BEING REPAIRED OR FOR LOSS OF DATA STORED IN THE PRODUCT.
13. Disclaimers of implied warranties are not enforceable in some jurisdictions,
and some jurisdictions do not allow limitation of how long an implied
warranty lasts, so the one year warranty limitation may not apply to You.
This limited warranty gives You specific legal rights and You may also have
other rights that vary from jurisdiction to jurisdiction.
14. This limited warranty is the entire warranty between Firefly and the
Consumer, and supersedes all prior and contemporaneous agreements or
understandings, oral or written, and all communications relating to the
Product. No representative of Firefly or any third party seller of Firefly
PRODUCTS may modify these terms, either orally or in writing.
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