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(b) This warranty will become void and unenforceable if Customer improperly uses, operates, transports, maintains or alters the System. Fractora Resurfacing consumables and accessories are warranted for a period of thirty (30) days from the date of shipment. System replacement parts other than the items stated above that are purchased outside of this warranty period are warranted for a period of thirty (30) days from the date of shipment from Company
(c) No expressed or implied warranties are made by way of these Terms and Conditions other than as stated herein, and Customer acknowledges that any additional warranty coverage provided by Company must be memorialized in a writing from the Company whether it is for goods, products or services.
THE OBLIGATIONS OF COMPANY UNDER THIS WARRANTY ARE LIMITED, IN ITS EXCLUSIVE OPTION, TO REPAIR OR REPLACE PARTS AND MATERIALS WHICH PROVE TO BE DEFECTIVE.
Any warranty stated herein is null and void a) where the System is unpacked, installed, serviced, and/or repaired by person(s) other than an authorized Company service representative; b) where service is required due to the Customer’s failure to operate or maintain the System in an manner consistent with the specifications and guidelines set forth in the System’s operator manual; and/or c) where service is required due to attempted or actual dismantling, disassembling, alteration, and/or modification of the System by person(s) other than an authorized Company service representative. Additional services, including, but not limited to telephone support, repair, maintenance, and refurbishment of equipment, may be purchased.
THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTY OBLIGATIONS OF COMPANY AND THE REMEDY PROVIDED ABOVE IS IN LIEU OF ANY AND ALL OTHER REMEDIES. THERE ARE NO OTHER AGREEMENTS, GUARANTEES, OR WARRANTIES, ORAL, WRITTEN, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES DUE TO ANY CAUSE WHATSOEVER EVEN IF ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. THE CUSTOMER AGREES THAT COMPANY’s LIABILITY IS SO LIMITED.