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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.