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i)
this warranty will not apply to any product that was sold to the original
purchaser as a reconditioned or refurbished product (unless otherwise specified
in writing);
j)
this warranty will not apply to any product or part thereof if any part from
another manufacturer is installed therein or any repairs or alterations have been
made or attempted by unauthorized persons;
k) this warranty will not apply to normal deterioration of the exterior finish, such
as, but not limited to, scratches, dents, paint chips, or to any corrosion or
discolouring by heat, abrasive and chemical cleaners;
l)
this warranty will not apply to component parts sold by and identified as
the product of another company, which shall be covered under that product
manufacturer’s warranty, if any;
m) any products replaced by the retailer in attempt to fulfill warranty obligations is
subject to the original product warranty conditions and related time period as
initiated by the original date of purchase; if product is purchased in Quebec, the
warranty term will be extended for a period equal to the time during which the
Quebec retailer possesses the product in attempt to fulfill warranty obligations;
replaced product will not default to new product warranty conditions; and
n) The retailer and manufacturer’s sole obligation and the purchaser’s sole remedy
under this warranty shall be as set out herein. The warranties contained herein
are not transferable and are given only to the purchaser. FURTHER, THE
WARRANTIES SET OUT HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES
OR CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY (INCLUDING
SUCH AS ARISE UNDER THE SALE OF GOODS ACT OR THE INTERNATIONAL
SALE OF GOODS ACT), ARISING OUT OF A COURSE OF DEALING OR USAGE
OF TRADE OR OTHERWISE, INCLUDING, SUBJECT TO APPLICABLE LAW,
ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS OR ADEQUACY FOR A PARTICULAR
PURPOSE OR USE, AND ALL OTHER SUCH WARRANTIES ARE EXPRESSLY
DISCLAIMED BY THE RETAILER AND MANUFACTURER.
ADDITIONAL LIMITATIONS
This warranty applies only to the original purchaser and may not be
transferred.
This warranty applies for a period of 5 years from the date of original retail
purchase, as indicated on the bill of sale.
Neither the retailer, Maximum Canada, nor the manufacturer shall be
liable for any other expense, loss or damage, including, without limitation,
any indirect, incidental, consequential or exemplary damages arising in
connection with the sale, use or inability to use this product.
Under no circumstances shall the retailer, Maximum Canada, or manufacturer
be liable to the purchaser for any claim for (a) indirect, special, punitive,
incidental, exemplary, or consequential damages, (b) compensation for loss of
profits, anticipated revenue, savings or goodwill, or other economic loss of the
purchaser, (c) exemplary, aggravated or punitive damages howsoever incurred,
(d) contribution or set-off in respect of any claims against the purchaser, (e) any
damages whatsoever relating to third party products or services or the purchaser’s
W
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