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Excluded from this warranty are any damages caused by the failure to use the Product in
accordance with Manufacturer’s published specications, cosmetic damages, damages
caused by abuse, misuse, wear, tear, water damage caused by damaged O-ring or O-ring
contact surfaces or debris trapped between the product housing and the O-ring, damages
caused by exposure to sunscreens or other chemicals, repair or attempted repair by
unauthorized persons, improper storage, non-performance of scheduled maintenance, and
battery leakage.
THE FOREGOING IS PURCHASER’S SOLE AND EXCLUSIVE REMEDY, AND MANUFACTURER’S
SOLE AND EXCLUSIVE OBLIGATION, WITH RESPECT TO A CLAIM THAT A PRODUCT IS
DEFECTIVE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, MANUFACTURER
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES SHALL MANUFACTURER BE LIABLE TO PURCHASER OR ANY THIRD PARTY
FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, INJURIES TO PERSONS OR PROPERTY,
OR DAMAGES FOR WHICH PURCHASER MAY BE LIABLE TO OTHER PERSONS OR ENTITIES,
EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND WHETHER THE CLAIM IS FOR BREACH OR REPUDIATION OF CONTRACT, BREACH OF
WARRANTY, TORT, NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY. ANY OF THE FOREGOING NOTWITHSTANDING, IN NO EVENT
SHALL MANUFACTURER’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING
TO THE SALE OF THE PRODUCT EXCEED THE PURCHASE PRICE PAID TO MANUFACTURER FOR
THE PRODUCT.
This limited warranty is governed by the laws of the State of New Jersey, U.S.A. Any
warranty claim, or other dispute arising out of or related to this limited warranty or the
Product, shall be brought exclusively in the state or federal courts located in the State of
New Jersey, U.S.A., the exclusive jurisdiction and venue of which Purchaser and any party
from which Purchaser purchased the Product, directly or indirectly, irrevocably consent to
for this purpose.
31


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