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f) If the Product is returned to NMP during the limited warranty
period, but the problem with the Product is not covered under the
terms and conditions of this limited warranty, the Consumer will
be notified and given an estimate of the charges the Consumer
must pay to have the Product repaired, with all shipping charges
billed to the Consumer. If the estimate is refused, the Product will
be returned freight collect. If the Product is returned to NMP after
the expiration of the limited warranty period, NMP's normal
service policies shall apply and the Consumer will be responsible
for all shipping charges.
9. The Product consists of newly assembled equipment that may
contain used components that have been reprocessed to allow
machine compliance with Product performance and reliability
specifications.
10. ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE
DURATION OF THE FOREGOING LIMITED WRITTEN WARRANTY.
OTHERWISE, THE FOREGOING LIMITED WARRANTY IS THE
CONSUMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NMP SHALL NOT
BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF ANTICIPATED
BENEFITS OR PROFITS, LOSS OF SAVINGS OR REVENUE, PUNITIVE
DAMAGES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED
EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE
EQUIPMENT OR FACILITIES, DOWNTIME, THE CLAIMS OF ANY
THIRD PARTIES, INCLUDING CUSTOMERS, AND INJURY TO
PROPERTY, RESULTING FROM THE PURCHASE OR USE OF THE
PRODUCT OR ARISING FROM BREACH OF THE WARRANTY, BREACH
OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL
OR EQUITABLE THEORY, EVEN IF NMP KNEW OF THE LIKELIHOOD
OF SUCH DAMAGES. NMP SHALL NOT BE LIABLE FOR DELAY IN
RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF
USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
11. Some states do not allow limitation of how long an implied
warranty lasts, so the above one-year warranty limitation may
not apply to you (the Consumer). Some states do not allow the
exclusion or limitation of incidental and consequential damages,
so certain of the above limitations or exclusions may not apply to
you (the Consumer). This limited warranty gives the Consumer
specific legal rights and the Consumer may also have other rights
which vary from state to state.
12. NMP neither assumes nor authorizes any authorized service
center or any other person or entity to assume for it any other
obligation or liability beyond that which is expressly provided for
in this limited warranty including the provider or seller of any
extended warranty or service agreement.