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e) NMP will repair or authorize the repair of the Product
under the limited warranty within 30 days after receipt of the
Product by NMP or an NMP authorized service center. If NMP
cannot perform repair covered under this limited warranty within
30 days, or after a reasonable number of attempts to repair the
same defect, NMP at its option, will provide a replacement
Product or refund the purchase price of the Product less a
reasonable amount for usage.
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.