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allow the exclusion or limitation of incidental or
consequential damages, so only in this case this
limitation or exclusion may not apply to you.
This Limited Warranty shall be the sole and exclusive
remedy available to the PURCHASER with respect
to this PRODUCT. In the event of any alleged
breach of any warranty or any legal action brought
by the PURCHASER, based on breach of warranty,
alleged negligence or other tortious conduct
by WARRANTOR, the PURCHASER's sole and
exclusive remedy will be the repair or replacement
of any defective PRODUCT as stated herein. In no
event shall the liability of the WARRANTOR exceed
the purchase price of the PRODUCT.
DISCLAIMER.
ANY
OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND ALL IMPLIED
WARRANTIES ARISING FROM A COURSE OF
DEALING, USAGE OF TRADE, BY STATUTE OR
OTHERWISE, IS HEREBY STRICTLY LIMITED TO
THE TERM OF THIS WRITTEN WARRANTY. This
Limited Warranty shall be the soleand exclusive
remedy available to the PURCHASER with respect
to this PRODUCT. In the event of any alleged
breach of any warranty or any legal action brought
by the PURCHASER based on alleged negligence
or other tortious conduct by WARRANTOR, the
PURCHASER'S sole and exclusive remedy will
be repair or replacement of defective materials or
refund of the purchase price, as stated herein.
TRANSFER OF
LIMITED WARRANTY
This warranty is made by WARRANTOR with only first
PURCHASER of the PRODUCT and does not extend
to any subsequent PURCHASER or any third parties.
The unexpired portion of this Limited Warranty may
not be transferred to any entity.
APPLICABLE LAW
This Limited Warranty shall be deemed to have
been particularly negotiated between parties. The
parties expressly acknowledge and irrevocably
agree that any and all claims or disputes arising
out of or otherwise relating to this Limited Warranty
shall be decided exclusively by Court of Venice
under Italian Law with the exclusion of any courts
of any place. PURCHASER expressly waives
any provision of law in the jurisdiction in which
PURCHASER is located or any other potentially
applicable law which conflicts with any provision of
this Limited Warranty at any time.
OTHER RIGHTS
Your acceptance of delivery of The PRODUCT
constitutes your acceptance of the terms of this
Limited Warranty. This Limited Warranty gives you
IMPLIED
WARRANTY
Assembly instructions
specific legal rights, and you may also have other
rights which vary from state to state. If any term
or provision of this Limit- ed Warranty is invalid or
unenforceable under any local, state, or federal law,
statute, judicial decision, regulation, ordinance,
executive order or other rule of law, such term
shall be deemed reformed or deleted, but only
to the extent necessary to comply with such
statute, regulation, ordinance, order or rule and the
remaining provisions of this Limited Warranty shall
remain in full force and effect.
ENTIRE AGREEMENT
This document alone contains the entire Limited
Warranty given by WARRANTOR in respect of the
PRODUCT. Nothing in WARRANTOR's product
literature, marketing materials, advertisements
and technical specifications expand or enlarge the
scope of this Limited Warranty. There are no terms,
promises, conditions or warranties regarding the
PRODUCT other than those expressly contained
herein. WARRANTOR specifically does not authorize
any person, including but not limited to any dealer
or other agent or employee of WARRANTOR,
to extend the time, scope, terms or conditions
of this Limited Warranty or to create or assume
for WARRANTOR any other obligation or liability
with respect to the PRODUCT or other products
designed, manufactured or sold by WARRANTOR.
All terms of this Limited Warranty are contractual
and not mere recitals, and constitute material
terms of this Limited Warranty. It is agreed and
acknowledged that the provisions of this Limited
Warranty allocate the risks between WARRANTOR
and PURCHASER, that WARRANTOR's pricing
reflects this allocation of risk, and but for this
allocation and limitation of liability, WARRANTOR
would not have entered into this Limited Warranty.
The agents, employees, and dealers of Lodes
Products are not authorized to make modifications
to this limited warranty or make additional
warranties binding on Lodes. THIS DOCUMENT
AND
ALL
PROVISIONS
BEEN SPECIFICALLY AGREED BETWEEN THE
PARTIES.
CONTAINED
HAS
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