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THE HAIRMAX IS WARRANTED BY LEXINGTON INTERNATIONAL, LLC (“MANUFACTURER”)
AGAINST DEFECTS IN MATERIALS OR WORKMANSHIP FOR 24 MONTHS FROM DATE OF
PURCHASE. IF THIS PRODUCT IS DETERMINED TO BE DEFECTIVE, LEXINGTON WILL REPAIR OR
REPLACE IT, AT ITS OPTION, AT NO CHARGE DURING THE WARRANTY PERIOD.
AFTER THE WARRANTY PERIOD, THE USER MUST PAY FOR ALL PARTS AND LABOR CHARGES.
IF THE PRODUCT IS REPAIRED OR REPLACED, EITHER WITHIN OR OUTSIDE THE WARRANTY
PERIOD, LEXINGTON RESERVES THE RIGHT TO PROVIDE EQUIVALENT PARTS IN DIFFERENT
COLORS TO YOUR ORIGINAL PRODUCT.
THIS WARRANTY DOES NOT COVER DAMAGES CAUSED BY ACTS OF GOD, MISUSE,
NEGLIGENCE, ACCIDENT, MODIFICATION OF, OR TO ANY PART OF THE PRODUCT. THIS
WARRANTY DOES NOT COVER DAMAGE DUE TO IMPROPER OPERATION OR MAINTENANCE,
CONNECTION TO IMPROPER VOLTAGE SUPPLY, OR ATTEMPTED REPAIR BY ANYONE OTHER
THAN LEXINGTON. THIS WARRANTY IS VOID IF PRODUCT IS TAMPERED WITH.
TO OBTAIN WARRANTY SERVICE, YOU MUST CALL HAIRMAX CUSTOMER SERVICE TO
REQUEST AN AUTHORIZATION NUMBER. YOU MUST DELIVER THE PRODUCT FREIGHT
PREPAID, IN EITHER ITS ORIGINAL PACKAGING OR PACKAGING AFFORDING AN EQUAL
DEGREE OF PROTECTION, TOGETHER WITH YOUR NAME AND ADDRESS, TO:
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75
LIMITATION OF LIABILITY; INDEMNITY: EXCEPT AS EXPRESSLY SET FORTH ABOVE,
LEXINGTON INTERNATIONAL, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE HAIRMAX, EVEN IF LEXINGTON INTERNATIONAL, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF
CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GOVERNING LAW: THE USAGE OF THE HAIRMAX AND THE INTERPRETATION OF ITS TERMS
SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF FLORIDA APPLICABLE TO AGREEMENTS NEGOTIATED, EXECUTED AND PERFORMED
WHOLLY AND SOLELY WITHIN THE STATE OF FLORIDA. THE PARTIES AGREE THAT THE STATE
OF FLORIDA’S CONFLICTS OF LAWS RULES SHALL NOT APPLY TO THIS AGREEMENT OR ANY
TRANSACTION PERFORMED BY OR UNDER THIS AGREEMENT.
JURISDICTION AND VENUE: THE PARTIES IRREVOCABLY SUBMIT AND CONSENT TO THE
SOLE AND EXCLUSIVE JURISDICTION AND VENUE OF THE FLORIDA STATE COURTS IN AND
FOR PALM BEACH COUNTY, FLORIDA, U.S.A. AND THE FEDERAL COURTS IN AND FOR THE
SOUTHERN DISTRICT OF FLORIDA, U.S.A. THE PARTIES AGREE NOT TO RAISE THE DEFENSE
,
-
AUTHORIZED REPRESENTATIVE IN EUROPE (REGULATORY AFFAIRS ONLY): EMERGO EUROPE,
PRINSESSEGRACHT 202514 AP THE HAGUE THE NETHERLANDS.
TEL: +31 (0) 70 345-8570 FAX: +31 70-346-7299