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LIMITED WARRANTY
In Focus Systems Inc. (“In Focus”) warrants that each LitePro 560 and LitePro 570 (“the
Product”) sold hereunder will conform to and function in accordance with the written
specifications of In Focus. Said limited warranty shall apply only to the first person or entity
that purchases the Product for personal or business use and not for the purpose of distribution
or resale. Said warranty shall continue for a period of one (1) year from the date of such
purchase. In Focus does not warrant that the Product will meet the specific requirements of the
first person or entity that purchases the Product for personal or business use. In Focus’ 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 In Focus’ sole option. To exercise the
Purchaser’s rights under the foregoing warranty, the Product must be returned at the
Purchaser’s sole cost and expense, to In Focus or to any authorized In Focus 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. A return authorization number, issued by the In Focus
customer service department, must also be clearly displayed on the outside of the shipping
carton containing the Product.
WARRANTY LIMITATION AND EXCLUSION
In Focus 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 In Focus 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 OR 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 MERCHANTABILITY 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
IN FOCUS.
LIMITATION OF LIABILITY
IT IS UNDERSTOOD AND AGREED THAT IN FOCUS’ 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 IN FOCUS BE LIABLE FOR
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. THE PRICE STATED FOR THE
PRODUCT IS A CONSIDERATION IN LIMITING IN FOCUS’ 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.
0060-05.bk : WARR-PN.FRA Page 63 Tuesday, January 28, 1997 9:23 AM