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refund the purchase price, is your exclusive remedy. This warranty excludes damage caused by
abuse, misuse, accidents, unauthorized repairs, alterations, modifications, failure to follow
instructions in the User’s Instruction Manual and battery Operating Instruction, or other causes
that are not defects in materials and workmanship for which Probity Cell is responsible.
This Limited Warranty does not cover parts which may, under normal wear and tear, require
replacement including, without limitation, tires, upholstery, fuses, etc.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROBITY CELL IS NOT LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR SERVICE OF THE SNAPnGO. THE WARRANTY AND REMEDIES STATED ABOVE
ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES OR CONDITIONS,
WHETHER ORAL, WRITTEN, EXPRESS, STATUTORY, OR IMPLIED TO THE EXTENT
PERMITTED BY APPLICABLE LAW. PROBITY CELL SPECIFICALLY DISCLAIMS ALL IMPLIED
AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF IMPLIED WARRANTIES
CANNOT BE DISCLAIMED, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE
DURATION OF THIS WARRANTY. Any recovery is limited to the original purchase price. No
person is authorized to modify this Limited Warranty.
THIS WARRANTY DOES NOT AFFECT YOUR STATUTORY RIGHTS.
Some states do not allow limitations on how long an implied warranty lasts, or exclusions of
incidental or consequential damages and the above limitations may not apply to you. This Limited
Warranty gives you specific legal rights. You may have other rights, which vary from state to state.
This warranty and all lawsuits, disputes, and claims will be governed by and interpreted under the
laws of the State of Nebraska, regardless of any conflict of law principles. The parties also
irrevocably consent to the jurisdiction of the District Court of Phelps County, Nebraska, and agree
that the District Court of Phelps County, Nebraska shall have exclusive jurisdiction and be the sole
venue for the consideration of any lawsuits, disputes, and claims between the parties.
The parties hereby waive the right to any jury trial on any lawsuit, dispute, claim, or controversy.
The parties also waive any right to consolidate or to have handled as a class action any proceeding
on any lawsuit, dispute, claim, or controversy. The parties agree that any proceedings will be
conducted solely on an individual basis. The parties agree not to seek to have any lawsuit, dispute,
claim, or controversy heard as a class action, private attorney general action, or in any other
proceeding in which either party acts or proposes to act in a representative capacity.
If any provision herein is found to be illegal or unenforceable, that provision will be severed with
the remaining in full force and effect.
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