Inova Labs Activox DUO2 - Manual (Page 29)

27
WARRANTY
continued
shipping container must clearly display the RMA number which properly
identifies returned Items and the Item must be packaged together with proof
of Date of Purchase. Items returned without a proper RMA number shall be
refused and returned to Purchaser at Purchaser’s expense. All returned Items
are subject to warranty confirmation by Inova Labs. Inova Labs shall pay
for standard shipment back to Purchaser for repair or replacement of Items
properly covered under this Limited Warranty.
When repairing or replacing the Item, Inova Labs may use functionally
equivalent Products or parts that are new, equivalent to new or refurbished.
All parts removed in the replacement of any Item shall become the property
of Inova Labs.
To the full extent permitted under applicable law, the warranty coverage
will not be extended or renewed or otherwise affected due to Inova Labs’s
authorized repair or replacement. However, part(s) repaired or replacement
Items will be warranted for the unexpired portion of the original Limited
Warranty.
Disclaimer of Warranties.
NO REPRESENTATIVE OF INOVA LABS HAS AUTHORITY TO MAKE
ANY REPRESENTATIONS OR PROMISES EXCEPT AS EXPRESSLY
STATED HEREIN. NO AGREEMENT VARYING OR EXTENDING THIS
LIMITED WARRANTY SHALL BE BINDING UPON INOVA LABS UNLESS
IN WRITING, SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF
INOVA LABS. THIS LIMITED WARRANTY IS EXCLUSIVE AND GIVEN
AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES,
AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE
LAW INOVA LABS EXPRESSLY DISCLAIMS ANY AND ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,
IN NO EVENT SHALL INOVA LABS HAVE ANY LIABILITY FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY
OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST
PROFITS, LOSS OF USE AND LOST REVENUE, REGARDLESS OF THE
FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATING
TO INOVA LABS’ ITEMS, MATERIALS AND/OR SERVICES, AND EVEN
IF INOVA LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, INOVA LABS’ LIABILITY HEREUNDER OR RELATING HERETO
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,