LIMITED WARRANTY
InFocus (“InFocus”) warrants that each LP330 (“the Product”) sold hereunder will conform to and function in accordance with the written specifications of InFocus. Said limited warranty shall apply only to the first person or entity that pur- chases the Product for personal or business use and not for the purpose of distribution or resale. The product may contain recycled components that are in new condition. Said warranty shall continue for a period of two (2) years from the date of such purchase. The standard limited warranty excludes the lamps in projectors after 90 days and the accessories after one year. InFocus does not warrant that the Product will meet the specific requirements of the first person or entity that pur- chases the Product for personal or business use. InFocus’ liability for the breach of the foregoing limited warranty is limited to the repair or replacement of the Product or refund of the purchase price of the Product, at InFocus’ sole option. To exer- cise the Purchaser’s rights under the foregoing warranty, the Product must be returned at the Purchaser’s sole cost and expense, to InFocus or to any authorized InFocus service center provided, however, that the Product must be accompanied by a written letter explaining the problem and which includes (i) proof of date of purchase; (ii) the dealer’s name; and (iii) the model and serial number of the Product. When sending your unit in for repair, please ship your unit in its original packing material or an InFocus approved ATA Shipping Case, or have a professional packaging company pack the unit. Please insure your shipment for its full value. A return authorization number, issued by the InFocus customer service department, must also be clearly displayed on the outside of the shipping carton containing the Product.
WARRANTY LIMITATION AND EXCLUSION
InFocus shall have no further obligation under the foregoing limited warranty if the Product has been damaged due to abuse, misuse, neglect, accident, unusual physical or electrical stress, unauthorized modifications, tampering, alterations, or service other than by InFocus or its authorized agents, causes other than from ordinary use or failure to properly use the Product in the application for which said Product is intended.
DISCLAIMER OF UNSTATED WARRANTIES
THE WARRANTY PRINTED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THIS PURCHASE. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE HEREOF AND THE FOREGOING WARRANTY SHALL NOT BE EXTENDED, ALTERED OR VARIED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY INFOCUS.
LIMITATION OF LIABILITY
IT IS UNDERSTOOD AND AGREED THAT INFOCUS’ LIABILITY WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE RETURN OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER AND UNDER NO CIRCUMSTANCES SHALL INFOCUS BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOST REVENUES OR LOST SAVINGS. THE PRICE STATED FOR THE PRODUCT IS A CONSIDERATION IN LIMITING INFOCUS’ LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE AGREEMENT TO PURCHASE THE PRODUCT MAY BE BROUGHT BY PURCHASER MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.
