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AQUAGLO PLUS
NB will be shipped via standard shipping only. Any upgrades to Express Overnight
are the responsibility of the Customer. Under this Product Warranty Policy
Customs Clearance, Duties or Taxes are not part of the freight expense cost. This
warranty policy considers freight costs as transportation expense only, not
administrative or government fees mandated by local governments.
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If it
is determined the equipment is not covered under warranty due to misuse,
the customer incurs all freight charges.
9. SHIPMENT PACKAGING: Please retain all shipment packaging for return
shipments to NB for evaluation or service repair if needed. If shipment packaging
is not retained by the Customer NB will charge for the replacement shipment
packaging and freight costs.
10. LIMITATION OF LIABILITY: The liability of NB hereunder is agreed to be limited to
the amount equal to the total amount of all payments made by Customer pursuant
to this Product Warranty Agreement and by acceptance of the Product Warranty
Agreement. Customer hereby waives any and all claims for incidental, special,
consequential or punitive damages. Customer agrees to hold NB harmless and
indemnified from any and all such claims by Customer and its agents, servants,
employees and its successors and assigns.
11. FORCE MAJEURE: Neither party shall be liable for any failure or delay in
performance under this Agreement (other than for delay in the payment of money
due and payable hereunder) to the extent said failures or delays are proximately
caused by causes beyond that party's reasonable control and occurring without its
fault or negligence, or party to substantially meet its performance obligations under
this Agreement, provided that, as a condition to the claim of non-liability, the party
experiencing the difficulty shall give the other prompt written notice, with full details
following the occurrence of the cause relied upon. Dates by which performance
obligations are scheduled to be met will be extended for a period of time equal to
the time lost due to any delay so caused.
12. ENTIRE AGREEMENT: This agreement contains the whole agreement between
the parties in regards to extended warranties. There are no other terms,
obligations, covenants, representations, statements, or conditions, oral or
otherwise, of any kind whatsoever regarding this Purchase Option Agreement.
13. JURISDICTION AND GOVERNING LAW: Disputes arising under this Extended
Warranty Agreement shall be exclusively subject to the jurisdiction of the federal
courts of the United States and/or the state courts of Hennepin County, State of
Minnesota and jurisdiction therefore shall rest solely in Minnesota, without regard
to principles of conflicts of law that would require or permit the application of the
substantive law of any other jurisdiction.
14. ASSIGNMENT OF BINDING AGREEMENT: Customer shall not assign or transfer
its rights under this Product Warranty without the prior written consent of NB. The
provisions of this Product Warranty are binding upon all successors,
