FitDesk FDX 3.0, Owner'S Manual

WARRANTY  

18

1.1. 

IF A COMPANY PRODUCT DOES NOT CONFORM TO THESE LIMITED WARRANTIES, THE PURCHASER’S 

SOLE AND EXCLUSIVE REMEDY IS, AT COMPANY’S SOLE AND EXCLUSIVE OPTION, THE (1) REPAIR OF ANY 

DEFECTIVE PRODUCT OR COMPONENT PART OR (2) REPLACEMENT OF ANY DEFECTIVE PRODUCT OR 

COMPONENT PART.  THE LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND MADE IN 

LIEU OF ALL OTHER WARRANTIES, REMEDIES, RIGHTS OR CONDITIONS, WHETHER ORAL OR WRITTEN, 

EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING 

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY 

SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF 

ANY KIND. IF COMPANY CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, 

ALL SUCH WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 

PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. The 

Company does not assume or authorize any person to assume for them any other liability in connection with the 

Products.

2. 

EXCLUSION AND LIMITATION OF LIABILITY:

IN NO EVENT, WHETHER BASED ON CONTRACT OR TORT OR OTHER LEGAL THEORY, SHALL COMPANY BE 

LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT 

NOT LIMITED TO, DAMAGES TO OTHER PROPERTY, INCONVENIENCE, DAMAGES FOR LOSS OF PROFITS, 

REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN 

CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE 

POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequen-

tial damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations 

or exclusions may not apply to Customer. In jurisdictions that limit the scope of or preclude limitations or exclusion 

of remedies or damages, or of liability, such as liability for gross negligence or willful misconduct or do not allow 

implied warranties to be excluded, the limitation or exclusion of warranties, remedies, damages or liability set forth 

above are intended to apply to the maximum extent permitted by applicable law. This limited warranty gives the 

Customer specific legal rights, and the Customer may also have other rights that vary by state, country or other 

jurisdiction.

3. SEVERABILITY:

If any provision of this limited warranty is held to be illegal, invalid or otherwise unenforceable, such provision will 

be enforced to the extent possible consistent with its stated intention, or, if incapable of such enforcement, will be 

deemed to be severed and deleted from this limited warranty, while the remainder of the terms of this limited 

warranty will continue in full force and effect.

4. DISPUTE RESOLUTION:

This FitDesk Limited Warranty shall be governed by and construed in accordance with the laws of the State of North 

Carolina, without regard to its principles of conflicts of law. The parties acknowledge the exclusive jurisdiction of the 

federal and state courts of the State of North Carolina.  Any claims or disputes under this FitDesk Limited Warranty 

shall be heard exclusively in any state or federal courts sitting in Guilford County, North Carolina, and both parties 

expressly consent to the personal jurisdiction and venue of the North Carolina state and federal courts for such 

actions.