Epson Mobilink TM-P20II Warranty Statement - Page 5

Affiliates Be Liable For Damages Of Any Kind In Excess Of The Original Retail Purchase Price

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8. Amendments to Section D: Notwithstanding any provision in this Agreement to the contrary, you and Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Epson's address) in this Agreement, Epson will obtain your affirmative assent to the applicable amendment. If you do not affirmatively assent to the applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in accordance with the language of this Section D (or resolve disputes as provided for in Section D(7), if you timely elected to opt‐out when you first assented to this Agreement). 9. Severability: If any provision in this Section D is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class actions as provided in Section D(5). This means that if Section D(5) is found to be unenforceable, the entire Section D (but only Section D) shall be null and void. E. DISCLAIMER OF WARRANTIES THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‐INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. F. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, CLAIMS OF THIRD PARTIES, OR INJURY TO PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. G. Other Provisions 1. Other Rights You May Have: This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

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8.
Amendments to Section D:
Notwithstanding any provision in this Agreement to the contrary, you and
Epson agree that if Epson makes any future amendments to the dispute resolution procedure and class
action waiver provisions (other than a change to Epson’s address) in this Agreement, Epson will obtain
your affirmative assent to the applicable amendment. If you do not affirmatively assent to the
applicable amendment, you are agreeing that you will arbitrate any Dispute between the parties in
accordance with the language of this Section D (or resolve disputes as provided for in Section D(7), if you
timely elected to opt
‐
out when you first assented to this Agreement).
9.
Severability:
If any provision in this Section D is found to be unenforceable, that provision shall be
severed with the remainder of this Agreement remaining in full force and effect
. The foregoing shall not
apply to the prohibition against class actions as provided in Section D(5). This means that if Section
D(5) is found to be unenforceable, the entire Section D (but only Section D) shall be null and void.
E.
DISCLAIMER OF WARRANTIES
THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESSED OR
IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON
‐
INFRINGEMENT. SOME LAWS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED
TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR
REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
F.
EXCLUSION OF DAMAGES; EPSON’S MAXIMUM LIABILITY
IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OR ANY LOST PROFITS, COST OF SUBSTITUTE EQUIPMENT, DOWNTIME, CLAIMS OF THIRD PARTIES,
OR INJURY TO PROPERTY, RESULTING FROM THE USE OR INABILITY TO USE THE EPSON PRODUCT, WHETHER
RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS
AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF THE ORIGINAL RETAIL PURCHASE PRICE OF
THE PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
G.
Other Provisions
1.
Other Rights You May Have:
This Limited Warranty gives you specific legal rights, and you may also have
other rights which vary from jurisdiction to jurisdiction. Some jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitations or exclusions may not apply
to you.