Epson Stylus Pro 7900 Proofing Edition Setup Guide ( Epson SpectroProofer &tra - Page 36

Remedies, Governing Laws, Above Are Exclusive And In Lieu Of All Other Expressed Or Implied

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36 | Notices 6) Reimbursement of materials or services required for reprinting the output as a result of incorrect calibration of the SpectoProofer device. 7) Any damage caused by using improper packaging materials or improper packaging and shipping. Under the Whole Unit Exchange or Repair Programs you may be billed for these damages. This warranty is not transferable. If a claimed defect cannot be identified or reproduced in service, you will be held responsible for costs incurred. 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. UNLESS STATED HEREIN, ANY STATEMENTS OR REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID. Remedies: Your exclusive remedy and Epson's entire liability for a material breach of this Agreement will be limited to a refund of the price paid for the Epson products covered by this Agreement. 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. Governing Laws: Any disputes arising out of this Agreement will be settled by arbitration to be conducted in Los Angeles, California, in accordance with the commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement shall be construed in accordance with the laws of the State of California, except the arbitration clause that shall be enforced pursuant to the Federal Arbitration Act. 36

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Notices
6) Reimbursement of materials or services required for reprinting the output as a result of
incorrect calibration of the SpectoProofer device.
7) Any damage caused by using improper packaging materials or improper packaging and
shipping. Under the Whole Unit Exchange or Repair Programs you may be billed for these
damages.
This warranty is not transferable. If a claimed defect cannot be identified or reproduced in
service, you will be held responsible for costs incurred.
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. UNLESS STATED HEREIN, ANY STATEMENTS OR
REPRESENTATION MADE BY ANY OTHER PERSON OR FIRM ARE VOID.
Remedies:
Your exclusive remedy and Epson’s entire liability for a material breach of this
Agreement will be limited to a refund of the price paid for the Epson products covered by this
Agreement. 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.
Governing Laws:
Any disputes arising out of this Agreement will be settled by arbitration to
be conducted in Los Angeles, California, in accordance with the commercial Arbitration
Rules of the American Arbitration Association, and judgment upon the award rendered by the
arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement shall be
construed in accordance with the laws of the State of California, except the arbitration clause
that shall be enforced pursuant to the Federal Arbitration Act.