Xylem H-335 - Manual (Page 4)

W-2 User Agreement/ W
ATER
LOG ® Warranty
H-355
(c) What DESIGN ANALYSIS Will Do
DESIGN ANALYSIS will repair the PRODUCT or will endeavor to provide a replacement of
same within a reasonable period of time. In the event that DESIGN ANALYSIS is unable to make
the necessary repairs or replacement within a reasonable period of time, the original purchase price
will be refunded upon the return of the PRODUCT to DESIGN ANALYSIS.
(d) Limitations
(i) THE ENTIRE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL
BE LIMITED TO REPLACEMENT OF THE DEFECTIVE PRODUCT OR
REFUNDING OF THE PURCHASE PRICE, AS SET FORTH ABOVE. IN NO
EVENT WILL THE LIABILITY OF DESIGN ANALYSIS TO USER OR TO ANY
OTHER PARTY EXCEED THE ORIGINAL PURCHASE PRICE OF THE PRODUCT,
REGARDLESS OF THE FORM OF THE CLAIM.
(ii) EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, DESIGN ANALYSIS
SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING,
WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
(iii) UNDER NO CIRCUMSTANCES WILL DESIGN ANALYSIS BE LIABLE FOR
SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR ANY OTHER
DAMAGES OR CLAIMS ARISING FROM THE USE OF THIS PRODUCT, THIS
INCLUDES LOSS OF PROFITS OR ANY OTHER COMMERCIAL DAMAGES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL DESIGN ANALYSIS BE LIABLE FOR ANY CLAIMS, LIABILITY, OR
DAMAGES ARISING FROM MODIFICATION MADE THEREIN, OTHER THAN
BY DESIGN ANALYSIS.
(iv) THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER
MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THOSE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY.
6. GOVERNING LAW
This Agreement and its validity and interpretation shall be governed by the laws of the State of Utah,
notwithstanding any choice of law rules of Utah or any other state or jurisdiction.