Max Machinery, Inc. G-Series User Manual © Copyright 2018
Rev2018A
17
Limited Warranty
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESSED,
IMPLIED OR STATUTORY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE
HEREOF. NO IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR A PARTICULAR PURPOSE, AND NO OTHER EXPRESS WARRANTY OR GUARANTY, EXCEPT AS
MENTIONED ABOVE, GIVEN BY ANY PERSON OR ENTITY WITH RESPECT TO THE PRODUCTS, SHALL BIND SELLER.
SELLER SHALL NOT BE LIABLE FOR LOSS OF REVENUES, OR PROFITS, OR INCONVENIENCES, EXPENSE FOR
SUBSTITUTE EQUIPMENT OR SERVICE, STORAGE CHARGES, LOSS OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGE CAUSED BY THE USE OR MISUSE OF, OR INABILITY TO USE THE PRODUCTS,
REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF SELLER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL RECOVERY OF ANY KIND AGAINST SELLER BE GREATER
IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT SOLD BY SELLER CAUSING THE ALLEGED DAMAGE.
WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK OF LIABILITY FOR LOSS, DAMAGE, OR INJURY
TO PURCHASER AND PURCHASER’S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF USE
OR MISUSE OF, OR INABILITY TO USE THE PRODUCTS NOT CAUSED DIRECTLY BY THE NEGLIGENCE OF SELLER.
WITHIN THE UNITED STATES OF AMERICA, SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN
IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY. SIMILARLY, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATIONS OF CONSEQUENTIAL DAMAGE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY. THIS LIMITED WARRANTY GIVES PURCHASER SPECIFIC LEGAL RIGHTS; HOWEVER, PURCHASER MAY ALSO
HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. IF A COURT OF LAW HOLDS ANY PROVISION HEREIN
TO BE ILLEGAL, INVALID OR UNENFORCEABLE, (A) THAT PROVISION SHALL BE DEEMED AMENDED TO ACHIEVE AN
ECONOMIC EFFECT THAT IS AS NEAR AS POSSIBLE TO THAT PROVIDED BY THE ORIGINAL PROVISION, AND (B) THE
LEGALITY, VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS HEREIN SHALL NOT BE AFFECTED
THEREBY.
