Inova Labs XYC100B-SPT User Manual
Page 27

25
WARRANTY
continued
The exterior of the shipping container must clearly display the RMA number
which properly identifies the returned Items. The Items must be packaged
together with proof of Date of Purchase. Items returned without a proper RMA
number and proof of the Date of Purchase shall be refused and returned to
Purchaser at Purchaser’s expense. All returned Items are subject to warranty
confirmation by Inova Labs. Inova Labs shall pay for standard shipment back
to Purchaser for repair or replacement of Items properly covered under this
Limited Warranty.
When repairing or replacing the Item, Inova Labs may use functionally
equivalent products or parts that are new, equivalent to new or refurbished.
All parts removed in the replacement of any Item shall become the property
of Inova Labs.
To the full extent permitted under applicable law, the warranty coverage
will not be extended or renewed or otherwise affected due to Inova Labs’
authorized repair or replacement. However, part(s) repaired or replacement
Items will be warranted for the unexpired portion of the original Limited
Warranty.
Disclaimer of Warranties.
NO REPRESENTATIVE OF INOVA LABS HAS AUTHORITY TO MAKE
ANY REPRESENTATIONS OR PROMISES EXCEPT AS EXPRESSLY
STATED HEREIN. NO AGREEMENT VARYING OR EXTENDING THIS
LIMITED WARRANTY SHALL BE BINDING UPON INOVA LABS UNLESS
IN WRITING, SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF
INOVA LABS. THIS LIMITED WARRANTY IS EXCLUSIVE AND GIVEN
AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES,
AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW INOVA LABS EXPRESSLY DISCLAIMS ANY AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,
IN NO EVENT SHALL INOVA LABS HAVE ANY LIABILITY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY
OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOSS OF USE AND LOST REVENUE, REGARDLESS OF THE
FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING
TO INOVA LABS’ ITEMS, MATERIALS AND/OR SERVICES, AND EVEN
IF INOVA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, INOVA LABS’ LIABILITY HEREUNDER OR RELATING HERETO