10
caused by unauthorized repairs; (x) Acts of God,
including but not limited to lightning, flood, tornado,
earthquake, or hurricane; and/or (xi) cosmetic
damages (e.g. scratches).
Additionally, this Limited Warranty does not cover
and Varjo is not responsible for damage to the Varjo
Product or Varjo Accessory or loss of the Varjo
Product or Varjo Accessory resulting from normal
wear and tear and normal depletion of consumable
parts.
Finally, this Limited Warranty does not include any
specific guarantees that the Varjo Product or Varjo
Accessory will be error-free, or regarding uptime
or continued availability, data security features of
software or online accounts, or that any software,
firmware or online sites will function uninterrupted
or error-free. This Limited Warranty is void if a
Varjo Product or Varjo Accessory is returned with
removed, damaged or tampered labels or any
alterations (including the unauthorized removal of
any component or external cover). [This Limited
Warranty does not cover data loss; it is Your
responsibility to back up Your data, electronically
or physically, on a regular basis if you wish to
retain Your data. Any damages or costs related
to data recovery, removal, and installation are not
recoverable under this Limited Warranty.]
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, NEITHER VARJO NOR ITS
SUPPLIERS SHALL BE RESPONSIBLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO LOST PROFITS OR COMMERCIAL
LOSS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION, LOSS OF DATA, LOSS
OF PRIVACY, LOSS OF CONFIDENTIALITY, COST
OF ANY REPLACEMENT GOODS OR SUBSTITUTE
EQUIPMENT, OR LOSS OF USE WHILE THE VARJO
PRODUCT OR VARJO ACCESSORY IS BEING
REPLACED OR REPAIRED. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE
ENTIRE LIABILITY OF VARJO AND ITS SUPPLIERS
UNDER THIS LIMITED WARRANTY SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU FOR THE VARJO PRODUCT OR VARJO
ACCESSORY. THESE EXCLUSIONS APPLY EVEN IF
A REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR
VARJO HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES, FOR ANY CLAIM ARISING
FROM OR RELATED TO THIS LIMITED WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT PRODUCT LIABILITY OR ANY OTHER
CAUSE OF ACTION OR LEGAL OR EQUITABLE
THEORY. Some states and countries do not
allow the exclusion or limitation of incidental
or consequential damages, so limitations or
exclusions in this Limited Warranty may not apply
to you.
No Varjo employee or representative or its affiliates
or any third party is authorized to make any
modification, extension or addition to the Limited
Business Warranty or any part of these Terms.
6. General provisions
6.1 This Limited Warranty shall be subject to
Finnish law, excluding its choice of law