Epson WorkForce Enterprise WF-C17590 Warranty Statement - Page 6

6 THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. VII. EXCLUSION OF DAMAGES; EPSON'S MAXIMUM LIABILITY: Epson's sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at Epson's option, repair or replacement as set forth above. If the above remedy fails for any reason, Epson's entire liability shall be limited to the price paid for the Epson product. Any action for breach of warranty must be brought within 15 months of the date of original purchase. Epson is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. Except as provided in this written warranty, neither Epson nor its affiliates shall be liable for any loss, inconvenience, or damage, including direct, special, incidental or consequential damages, including lost profits, cost of substitute equipment, downtime, claims of third parties, including customers, or injury to property, resulting from the use or inability to use the Epson products, whether resulting from a breach of warranty or any other legal theory. Some jurisdictions do not allow limits on warranties or remedies for breach in certain transactions. In such jurisdictions, the limits in this paragraph and the preceding paragraph may not apply. In Canada, warranties include both warranties and conditions. VIII. Disputes, Arbitration, Governing Laws: A. Any controversy or claim arising out of or relating to Epson products or services or this agreement, shall be resolved by arbitration, rather than in court, in Los Angeles County. If you or Epson commences arbitration, the arbitration shall be governed by the rules of JAMS that are in effect when the arbitration is filed, excluding any rules that permit arbitration on a class or representative basis, available at http://www.jamsadr.com or by calling 1-800-352-5267, and under the rules set forth in this agreement. A single neutral arbitrator shall resolve disputes, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by the terms of this agreement. B. Pre-Arbitration Steps and Notice. Before submitting a claim for arbitration, you agree to try, for sixty (60) days, to resolve any dispute informally by contacting us at [email protected]. Please include your name, address and contact information, the facts giving rise to the dispute, and the relief requested. You agree to act in good faith to resolve the dispute, but if you and Epson do not reach a resolution within the sixty (60) days, you may commence an arbitration. C. Opt-out. You may elect to opt out (exclude yourself) from the final, binding, individual arbitration procedure and waiver of class and representative proceedings specified in this agreement by sending a written letter to Epson America, Inc., ATTN: Legal Department, 3840 Kilroy Airport Way, Long Beach, CA 90806, within thirty (30) days of your purchase of the Epson products and/or services that specifies (i) your name, (ii) your mailing address, and (iii) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section VIII. In the event that you opt-out