Indmar Marine Engines
C-5
(c) When damage to the Product results from cases not arising from defects in material and/or workmanship and Indmar in its
sole discretion determines the same.
10.
Notices.
Any notice to Indmar set forth pursuant to this Limited Product Warranty shall be delivered to the following address:
Indmar Products Co., Inc.
5400 Old Millington Road
Millington, Tennessee 38053
THE WARRANTY STATED ABOVE IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY INDMAR. INDMAR
DOES NOT MAKE ANY OTHER WARRANTIES EXPRESS OR IMPLIED. THERE ARE EXPRESSLY EXCLUDED ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDMAR SHALL HAVE NO LIABILITY
WITH RESPECT TO ITS OBLIGATIONS UNDER THIS LIMITED WARRANTY OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. THE STATED EXPRESS LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF INDMAR FOR
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DEVELOPMENT, DELIVERY, USE OR PERFORMANCE OF
THE PRODUCT. IN ANY EVENT, THE LIABILITY OF INDMAR FOR ANY REASON AND UPON ANY CAUSE OF ACTION WHAT-
SOEVER SHALL BE LIMITED TO THE AMOUNT THEN PREVIOUSLY PAID FOR THE PRODUCT BY THE CUSTOMER.
INDMAR DOES NOT AUTHORIZE ANY PERSON, EMPLOYEE, AGENT, REPRESENTATIVE OR ENTITY TO ALTER ANY OF
THE TERMS AND CONDITIONS OF THIS LIMITED PRODUCT WARRANTY OR CREATE ANY OTHER OBLIGATION RELAT-
ING TO THE PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER
RIGHTS WHICH MAY VARY FROM STATE TO STATE.
NOTICE TO CALIFORNIA CUSTOMERS: CALIFORNIA CUSTOMERS MUST DIRECTLY NOTIFY INDMAR IN WRITING IF THE
PRODUCT DOES NOT CONFORM TO APPLICABLE WARRANTIES AND (A) THE NON-CONFORMITY IS LIKELY TO CAUSE
DEATH OR SERIOUS BODILY INJURY AND HAS BEEN SUBJECT TO REPAIR TWO (2) OR MORE TIMES, AND/OR (B) THE
NON-CONFORMITY HAS BEEN SUBJECT TO REPAIR FOUR (4) OR MORE TIMES. CALIFORNIA CUSTOMERS ARE HERE-
BY NOTIFIED TO THE FOLLOWING PROVISIONS OF CALIFORNIA LAW: CAL. CIVIL CODE § 1793.22 AND CAL. CIVIL CODE
§ 1793.2(d). COMPLETE COPIES OF THESE CODE SECTIONS ARE AVAILABLE UPON REQUEST.
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