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MistAway Systems Inc. (MSI) warrants this Product, the MistAway Drum-Based Misting Unit Gen 1.3, or the Tankless Misting Unit Gen 3, to be free from defects in material and workmanship as follows:
For a period of one (1) year from the date of original purchase (whether or not actual use begins on that date), MSI will repair or replace defective parts, with new or refurbished parts, at its option, at no charge. This warranty does not include labor or other costs incurred for diagnosing, removing, installing, shipping, servicing or handling of either defective parts or replacement parts.
This warranty applies solely to equipment supplied by MSI and is in lieu of all other warranties, expressed or implied. No person, agent, dealer, or distributor is authorized or empowered to give any other warranty or to assume any other liability on behalf of MSI
Manufacturer’s obligation under the warranty shall not apply to:
The foregoing is MSI’s only obligation and Purchaser’s exclusive remedy for breach of warranty. Purchaser’s failure to submit a claim as provided above shall specifically waive all claims for damages or other relief, including but not limited to claims based on latent defects. In no event shall Purchaser be entitled to special, direct, indirect, incidental, exemplary or consequential damages, expenses, injury, lost profits, lost savings, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use the equipment. In any case, MSI’s entire liability shall be limited to the amount Purchaser actually paid for the item.
Except as modified in writing signed by both parties, this warranty is and shall remain the complete and exclusive agreement between the parties with respect to warranties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement.