Inova Labs XYC100B-SPT - Manual (Page 28)

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SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE ITEMS,
REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY
ACTION OR CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE. PURCHASER AGREES AND
ACKNOWLEDGES THAT THE ITEMS ARE OF A SIZE, DESIGN AND
CAPACITY SELECTED BY ITS MEDICAL PROVIDER.
Basis of Bargain
PURCHASER ACCEPTS THESE DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITY CONTAINED HEREIN AS PART OF A
BARGAIN WITH RESPECT TO THE PRICING OF THE ITEMS AND
UNDERSTANDS THAT THE PRICING WOULD LIKELY BE HIGHER IF
INOVA LABS WERE REQUIRED TO BEAR LIABILITY IN EXCESS OF
THAT STATED HEREIN. ALL OF THE LIMITATIONS AND DISCLAIMERS
SET FORTH HEREIN SHALL APPLY NOTWITHSTANDING THE
FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Governing Law and Jurisdiction
The rights and obligations of the parties pursuant to this Limited Warranty
and any dispute arising hereunder shall be governed by and interpreted
in accordance with the internal (but not the conflicts) laws of the State of
Texas, USA. The 1980 U.N. Convention on Contracts for the International
Sale of Goods shall not apply. If any provision of this Limited Warranty is
inconsistent with applicable laws relating to Purchaser, Purchaser agrees
to waive any and all rights and remedies it may have under such laws to
the extent it may waive such rights and remedies. This Limited Warranty is
offered as an additional benefit to Purchaser’s statutory rights and it does
not affect such statutory rights in any way. The parties agree and consent
that the state or federal courts in Texas shall have exclusive jurisdiction with
respect to any dispute arising out of or relating to this Limited Warranty. If
any provision of this Limited Warranty is held to be illegal or unenforceable,
that provision will be limited or eliminated to the minimum extent necessary
so that this Limited Warranty will otherwise remain in full force and effect
and enforceable. EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A
TRIAL BY JURY.
Technical Support
Inova Labs’ Customer Care Team can be reached Monday-Friday, 7:00AM-
7:00PM CST at 1.512.617.1744.
WARRANTY
continued