Limited Warranty and Liability
NO WARRANTIES OF ANY KIND ARE PROVIDED BY JUNXION, INC. WITH RESPECT TO THIS PRODUCT, EXCEPT AS STATED IN JUNXION LIMITED WARRANTY BELOW.
JUNXION, INC. warrants to the original end user purchaser (“You”) that the product shall be free of defects in materials and workmanship under normal use for one (1) year from the original date of purchase (the “Warranty Period”). THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.
JUNXION, INC.’s exclusive liability and Your exclusive remedy hereunder is expressly limited to, at JUNXION INC.’s sole option and discretion, (a) exchange, repair or replacement of defective or
(b)refund of all amounts paid directly to JUNXION, INC. for any defective product. Replacement products may be new or like new. THE ABOVE SHALL APPLY WHETHER JUNXION, INC.’S LIABILITY ARISES FROM ANY BREACH OF ITS EXPRESS WARRANTY, BREACH OF ANY OBLIGATION OR OTHERWISE WITH RESPECT TO THE MANUFACTURE AND SALE OF ANY UNITS OF THE PRODUCT, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY.
IN NO EVENT SHALL JUNXION, INC. BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE DUE TO ANY CAUSE, REGARDLESSS OF WHETHER JUNXION, INC. HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE, OR FOR CLAIMS BY ANY THIRD PARTY. JUNXION INC.’S MAXIMUM AGGREGATE LIABILITY TO PURCHASER SHALL NOT EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT.
The foregoing warranties do not extend to: (i)
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