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Other than the above product warranty for the Soho products, Soho and its suppliers
disclaim all warranties of any kind, whether express, implied, or statutory, regarding
the Soho equipment. Including any implied warranty of title, merchantability, fitness
for a particular purpose, or non infringement of third party rights. Because some
jurisdictions do not permit the exclusion of implied warranties, the last sentence of
this section may not apply to you. Soho hereby further expressly disclaims all liability
for any claims for service failures that are due to normal product wear, product misuse,
abuse, product modification, improper product selection or your non-compliance
with any and all applicable federal, state or local laws. This warranty and warranty
disclaimer give you specific legal rights, and you may have other rights that vary by
state, province, or country. Other than as permitted by law, Soho does not exclude,
limit or suspend other rights you have, including those that may arise from the
nonconformity of a sales contract. For a full understanding of your rights you should
consult the laws of your state, province, or country. For our Australian customers:
please note that this warranty is in addition to any statutory rights in Australia in
relation to your goods which, pursuant to the Australian Consumer Law, cannot be
excluded.
18. LIMITATIONS & LIABILITY
Soho liability for damages, especially for breach of duty or obligation, delay in
performance, non-performance, or malperformance shall be precluded, except when
these are due to negligent breaches of any significant contractual duty or obligation
on the part of Soho. Any liability for negligence is limited to direct losses usually and
typically foreseeable in such case. Should the claim for damages be based on wilful
or grossly negligent breach of contractual duty or obligation on the part of Soho, the
preclusion and limitation of liability mentioned in the preceding sentences will not
apply. The preceding preclusion and limitation of liability will also not apply to claims
for damages arising out of loss of life, bodily injury or health impacts for which Soho
may be liable, or for non-contractual liability.
Some states and countries do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to you.
Additionally, this provision is not intended to limit Soho’s liability in the event of Soho’s
wilful or intentional misconduct.
