LIMITATIONS ON WARRANTY SERVICE
Vioguard will not provide warranty service if Vioguard’s examination of the returned product di
scloses
that problems with the product do not exist or were caused by accident, misuse, abuse, mishandling,
neglect, alteration, negligence, unauthorized repair or alteration by anyone other than Vioguard.
Specifically, and without limiting the preceding, warranty service will not be provided and the limited
warranty shall be void if anyone other than Vioguard replace (or attempt to replace) the disinfection
lamps or use the Vioguard Cubby / Cubby+ with any lamps other than those specified by Vioguard. If
warranty service is declined for any of the above, Vioguard will return the product to you at your
expense. Any replacement or repair shall fulfill all of Vioguard’s responsibility to you under any legal
theory, including, but not limited to, contract, tort, indemnity, statutory provision or otherwise.
LIMITATION OF REMEDIES
Except where prohibited by law, liability of Vioguard for an alleged defective product shall be limited to
the replacement of the product or a refund of the purchase price, at Viogua
rd’s sole option. The
foregoing constitutes buyer’s sole and exclusive remedy, in lieu of all other remedies, for Vioguard
furnishing defective or nonconforming products, materials, parts or service.
LIMITATION OF LIABILITY
Except where prohibited by law,
Vioguard’s total liability to the buyer or any other third
-party for all
types of losses or damage, whether on account of negligence, strict liability in tort, breach of contract,
breach of warranty or otherwise, at law or in equity, shall in no event exceed the total contract price for
any product with respect to which losses or damage occurred and shall not exceed the price you paid for
the Vioguard Cubby / Cubby+. No consequential damages except where prohibited by law, in no event,
including late delivery or failure to deliver, shall Vioguard be liable to anyone for special, collateral,
indirect, exemplary, incidental, consequential or punitive damages arising from any breach of any of the
provisions of this agreement, including without limitation, provisions regarding warranties, guarantees,
indemnities and patent infringement (such excluded damages to include but not be limited to, costs of
removal and reinstallation of products or items, loss of goodwill, loss of revenue, loss of actual or
anticipated profits, loss of use, loss or corruption of data or loss of privacy, any inability to use all or part
of the Vioguard Cubby / Cubby+, personal injury or any failure to meet any duty (including any duty of
reasonable care or of workmanlike effort) or any claim under contract (including any claim for
fundamental breach and for any rights conferred by any sale of goods act). These limitations and
exclusions shall apply notwithstanding any failure of any essential purpose of any limited remedy and
shall apply even if Vioguard or any supplier or agent has been advised of the possibility of such losses or
damages or in the event of fault, tort (including negligence), strict or product liability, misrepresentation
or other reason. This clause will survive the termination of this contract by the provisions contained
therein or through the operation of law. some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not apply to you.
