BenQ Joybee GP1 Warranty - Page 3
In An Action In Contract Or Tort Or Based On A Warranty, Arising Out - price
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rendered defective (a) due to normal wear and tear; (b) as a result of use of the Product other than for its normal intended use, or other misuse, abuse or negligence to the Product; (c) by the use of parts not manufactured or sold by BenQ; (d) by modification of the Product; (e) as a result of service by anyone other than BenQ or a BenQ Authorized Service Provider; (f) improper transportation or packing when returning the Product to BenQ or a BenQ Authorized Service Provider; (g) improper installation of third-party products; (h) improper environment (including improper temperature or humidity); (i) unusual physical or electrical stress or interference, failure or fluctuation of electrical power, lightning, static electricity, fire, or acts of God. BenQ is not responsible for damage to or loss of any programs, data or removable storage media. You are responsible for saving (backing up) any programs, data or removable storage media. Other Limitations EXCEPT FOR THE WARRANTIES SET FORTH HEREIN, BenQ DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED TO THE TERMS OF THIS LIMITED WARRANTY. IN NO EVENT SHALL BenQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, INFORMATION, DATA OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT, EVEN IF BenQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT REPAIR OR REPLACEMENT, AS APPLICABLE, UNDER THE WARRANTY SERVICES DESCRIBED HEREIN IS YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY BREACH OF THE BenQ LIMITED WARRANTY SET FORTH HEREIN. IF, DESPITE THE FOREGOING LIMITATIONS, FOR ANY REASON BenQ BECOMES LIABLE TO YOU FOR DAMAGES INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, THEN, THE LIABILITY OF BenQ WILL BE LIMITED TO THE AMOUNT EQUAL TO THE INVOICE AMOUNT PAID BY YOU TO BenQ OR A BenQ AUTHORIZED RESELLER FOR THE PRODUCT. All prices, Products, terms and conditions are subject to change without notice. Some states or provinces/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages for consumer products, and some states or provinces/jurisdictions do not allow limitations on how long an implied warranty lasts. In such states or provinces/jurisdictions, the exclusions or limitations of this limited warranty may not apply to you. This limited warranty gives you specific legal rights. You may also have other rights that vary from state to state/jurisdiction to jurisdiction. You are advised to consult applicable state and provincial/local laws for a full determination of your rights. Please call Technical Support Center to report a defective product.