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H-4280 – Xylem H-4280 User Manual

Page 4

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W-2 User Agreement/

W

ATER

LOG

®

Warranty

H-4280

writing within the applicable period specified above and reasonably cooperate with the directions

they received from DESIGN ANALYSIS.

(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.