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GIA UV Lamp and Viewing Cabinet
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GIA UV Lamp and Viewing Cabinet
If the returned GIA UV Lamp and Viewing Cabinet is defective, then GIA will provide one
of the remedies set forth above. Replacement parts included by GIA in a repaired GIA
UV Lamp and Viewing Cabinet may be new or refurbished, at the election of GIA. All
parts that are replaced shall become the property of GIA.
Shipment to the original purchaser of the repaired or replacement GIA UV Lamp and
Viewing Cabinet shall be at GIA’s cost and expense. Any loss or damage to the GIA UV
Lamp and Viewing Cabinet that occurs during return shipment by GIA to the original
purchaser will be at GIA’s sole risk.
If GIA determines that a GIA UV Lamp and Viewing Cabinet returned to GIA is not
defective or is not covered by the limited warranty set forth above, the original
purchaser shall pay or reimburse GIA for all costs of investigating and responding
to such request at GIA’s then prevailing time and materials rates, including but not
limited to the cost of shipping the GIA UV Lamp and Viewing Cabinet back to the
original purchaser.
If GIA provides repair services or replacement parts that are not covered by the limited
warranty, the original purchaser shall pay GIA for such services and parts at GIA’s then
current rates and prices.
DISCLAIMER OF ALL OTHER WARRANTIES
EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH ABOVE, GIA, ITS
SUPPLIERS AND ITS LICENSORS MAKE NO OTHER REPRESENTATIONS, WARRANTIES,
GUARANTEES OR CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, WRITTEN OR ORAL, WITH RESPECT TO THE GIA UV LAMP AND VIEWING
CABINET OR WITH RESPECT TO THE RESULTS THAT WILL OR WILL NOT BE ACHIEVED
USING THE GIA UV LAMP AND VIEWING CABINET, INCLUDING WITHOUT LIMITATION
ANY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS THAT THE
GIA UV LAMP AND VIEWING CABINET OR REFERENCE BLOCK WILL CORRECTLY
GRADE FLUORESCENCE. EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET
FORTH ABOVE, THE GIA UV LAMP AND VIEWING CABINET IS PROVIDED “AS IS.” ALL
IMPLIED WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY; FITNESS FOR
A PARTICULAR PURPOSE; NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS; AND ANY WARRANTIES ARISING FROM COURSE OF DEALING,
USAGE, TRADE OR ANY OTHER MANNER.
GIA DOES NOT WARRANT THAT THE GIA UV LAMP AND VIEWING CABINET IS ERROR-
FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER GIA NOR ANY OF
ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE TO THE ORIGINAL PURCHASER
OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, RELIANCE, PUNITIVE, OR EXEMPLARY DAMAGES; LOST
REVENUES, PROFITS OR BUSINESS; OR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES ARISING FROM OR RELATED TO THE GIA UV LAMP AND VIEWING
CABINET, THE USE OF THE GIA UV LAMP AND VIEWING CABINET, OR THE RESULTS OR
OUTPUT FROM THE GIA UV LAMP AND VIEWING CABINET, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF GIA IS AWARE OF OR IS ADVISED OF THE POSSIBILITY OR
LIKELIHOOD OF ANY SUCH DAMAGES OR AMOUNTS.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIA’S
TOTAL CUMULATIVE LIABILITY TO THE ORIGINAL PURCHASER OR ANY OTHER PERSON
OR ENTITY ARISING FROM OR RELATED TO THE GIA UV LAMP AND VIEWING CABINET,
THE USE OF THE GIA UV LAMP AND VIEWING CABINET, OR THE RESULTS OR OUTPUT
FROM THE GIA UV LAMP AND VIEWING CABINET EXCEED THE PRICE PAID TO GIA FOR
THE GIA UV LAMP AND VIEWING CABINET OR IF NO PURCHASE PRICE WAS PAID TO
GIA, THEN THE SUM OF ONE HUNDRED U.S. DOLLARS (US$100).
THE TERMS IN THIS SECTION (LIMITATION OF LIABILITY) AND IN THE SECTIONS
RELATED TO THE WARRANTY MADE BY GIA (INCLUDING BUT NOT LIMITED TO
REMEDIES, WARRANTY EXCLUSIONS AND WARRANTY DISCLAIMERS) SHALL APPLY
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (B) REGARDLESS OF
THE NATURE OF THE CLAIM OR THEORY OF LIABILITY; WHETHER BASED ON BREACH
OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, STRICT LIABILITY AND
NEGLIGENCE), BREACH OF WARRANTY, OR ANY OTHER THEORY OF LIABILITY, AND (C)
EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES DO
NOT PERMIT THE LIMITATION/EXCLUSION OF DAMAGES IN CERTAIN CIRCUMSTANCES
AND SO PORTIONS OF THE FOREGOING LIMITATION/EXCLUSION OF DAMAGES MAY
NOT APPLY IN ALL CIRCUMSTANCES.
THE TERMS IN THIS SECTION (LIMITATION OF LIABILITY) AND IN THE SECTION
ENTITLED “SOLE AND EXCLUSIVE REMEDY” ARE AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN THE PARTIES.
LIMITATION OF USE
The result from using the GIA UV Lamp and Viewing Cabinet should not be considered
analogous to or a substitute for information provided by GIA on a GIA Report and
should not be represented or interpreted as the opinion of GIA.
If you have any questions concerning use and care of your product, available
accessories, or service, please call +1 760 603 4200, or toll free +1 800 421 8161
(U.S. only). You may also fax to +1 760 603 4262, or toll free +1 888 421 7728
(U.S. only). Or please write to GIA, World Headquarters, The Robert Mouawad Campus,
5345 Armada Drive, Carlsbad, CA 92008 USA. Visit our website at GIA.edu for customer
support service.
