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LIMITED WARRANTY
. Clarity warrants to Buyer that the WN-5230-S (the “Product”), if
properly used and serviced, will perform substantially in accordance with the product data sheet
and users manual, and will be free from defects in material and workmanship for 1 year following
date of shipment. This warranty does not apply to lamps (see following section for lamp warranty)
and other consumable parts.
The main illumination lamp is considered a consumable and is warranted against failure for 30
days from the date of installation or first day of rental. The replacement of other consumable parts
are the Buyer's responsibility.
If any Product fails to conform to the written warranty, Clarity's exclusive liability and Buyer's
exclusive remedy will be, at Clarity's option, to repair, replace or credit Buyer's account with an
amount equal to the price paid for any such defective Product returned by Buyer during the
warranty period, provided that: (a) Buyer promptly notifies Clarity in writing that such Product
failed to conform, furnishes an explanation of any alleged deficiency and obtains from Clarity a
return authorization; and (b) Clarity is satisfied that claimed deficiencies actually exist and were
not caused by accident, misuse, neglect, alteration, improper installation, repair or improper
testing. Clarity will have a reasonable time to make repairs, to replace Products or to credit
Buyer's account.
LIMITATIONS.
ANY WRITTEN WARRANTY OFFERED BY CLARITY IS IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED. CLARITY NEITHER ASSUMES NOR
AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES IN
CONNECTION WITH THE SALES OR USE OF ANY PRODUCT WITHOUT LIMITATION.
CLARITY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR.
IN NO EVENT WILL CLARITY BE LIABLE TO BUYER OR ANY OTHER PARTY FOR
PROCUREMENT COSTS, LOSS OF PROFITS, LOSS OF USE, OR FOR ANY OTHER
INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OR FOR
CONTRIBUTION OR INDEMNITY CLAIMS, HOWEVER CAUSED. CLARITY'S LIABILITY SHALL
BE LIMITED TO ACTUAL DIRECT DAMAGES NOT IN EXCESS OF THE AMOUNTS PAID TO
CLARITY BY BUYER FOR THE PRODUCT. THESE LIMITATIONS WILL APPLY TO ALL
CLAIMS, INCLUDING, WITHOUT LIMITATION, WARRANTY, CONTRACT, INDEMNITY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.