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Product available to a StoneAge authorized service representative
for inspection to determine eligibility for coverage under this
Limited Warranty. This Limited Warranty shall not extend to any
person or entity who fails to provide proof of original purchase
from StoneAge or a Dealer. No Product may be returned for
credit or adjustment without prior written permission from
StoneAge.
6. DISCLAIMER OF IMPLIED WARRANTIES AND OTHER
REMEDIES. EXCEPT AS EXPRESSLY STATED HEREIN (AND TO
THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW),
STONEAGE HEREBY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL
WARRANTIES, REPRESENTATIONS OR PROMISES AS TO
THE QUALITY, PERFORMANCE OR FREEDOM FROM DEFECT
OF THE PRODUCT COVERED BY THIS LIMITED WARRANTY.
STONEAGE FURTHER DISCLAIMS ALL IMPLIED INDEMNITIES.
7.
LIMITATION OF LIABILITY.
End-User specifically
acknowledges that the Product may be operated at high
speeds and/or pressures, and that as such it may be inherently
dangerous if not used correctly. End-User shall familiarize itself
with all operation materials provided by StoneAge and shall at
all times use and require its agents, employees and contractors
to use all necessary and appropriate safety devices, guards and
proper safe operating procedures. In no event shall StoneAge
be responsible for any injuries to persons or property caused
directly or indirectly by the operation of the Product if End-User or
any agent, employee, or contractor of End-User: (1) fails to use
all necessary and appropriate safety devices, guards and proper
safe operating procedures; (2) fails to maintain in good working
order such safety devices and guards; (3) alters or modifies the
Product in any way not approved by StoneAge in advance in
writing; (4) allows the Product to be operated under more severe
conditions or beyond the rated capacity specified for the Product;
or (5) otherwise negligently operates the Product. End-User shall
indemnify and hold StoneAge harmless from any and all liability or
obligation incurred by or against StoneAge, including costs and
attorneys’ fees, to or by any person so injured.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,
STONEAGE SHALL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, LOSS OF GOODWILL, DIMINUTION OF VALUE,
WORK STOPPAGE, INTERRUPTION OF BUSINESS, RENTAL
OF SUBSTITUTE PRODUCT, OR OTHER COMMERCIAL LOSS
EVEN TO THE EXTENT SUCH DAMAGES WOULD CONSTITUTE
DIRECT DAMAGES), WITH RESPECT TO THE COVERED
STONEAGE PRODUCT, OR OTHERWISE IN CONNECTION
WITH THIS LIMITED WARRANTY, REGARDLESS OF WHETHER
STONEAGE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
IT IS UNDERSTOOD THAT STONEAGE’S LIABILITY, WHETHER
IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN
NEGLIGENCE, OR OTHERWISE SHALL NOT EXCEED THE
AMOUNT OF THE PURCHASE PRICE PAID BY THE END-USER
FOR THE PRODUCT. STONEAGE’S MAXIMUM LIABILITY
SHALL NOT EXCEED, AND END-USER’S REMEDY IS LIMITED
TO EITHER (1) REPAIR OR REPLACEMENT OF THE DEFECTIVE
WORKMANSHIP OR MATERIAL OR, AT STONEAGE’S OPTION,
(2) REFUND OF THE PURCHASE PRICE, OR (3) ISSUANCE OF
A CREDIT FOR THE PURCHASE PRICE, AND SUCH REMEDIES
SHALL BE END-USER’S ENTIRE AND EXCLUSIVE REMEDY.
YOU, THE END-USER, UNDERSTAND AND EXPRESSLY AGREE
THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE PART
OF THE CONSIDERATION IN THE PRICE OF THE STONEAGE
PRODUCT YOU PURCHASED.
Some jurisdictions do not allow the limitation or exclusion
of liability for certain damages, so the above limitations and
exclusions may not apply to you. This Limited Warranty gives you
specific legal rights, and you may also have other rights which vary
from jurisdiction to jurisdiction. If any provisions of this Limited
Warranty is held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the
other portions hereof.
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