13.4 Disclaimers
The Warranty may not be modified or waived in any manner
whatsoever without Invacare's express written authorization.
THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
EXCEPT AND TO THE EXTENT AS MAY BE PROHIBITED BY
STATE OR PROVINCIAL LAW, IN NO EVENT SHALL INVACARE
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM OR
ARISING OUT OF OR RELATED TO A DEFECT IN ANY
PRODUCT, OR INVACARE’S PERFORMANCE OR FAILURE TO
PERFORM ANY OF ITS OBLIGATIONS UNDER THIS WARRANTY,
WHETHER OR NOT INVACARE HAS BEEN ADVISED, KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.
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