may, at Marantz Pro's sole option, use rebuilt, reconditioned, or new
parts or components when repairing any product or replace a product
with a rebuilt, reconditioned, new or comparable product. Repaired
products will be warranted for a period equal to the remainder of the
original Limited Warranty on the original product or for 90 days,
whichever is longer. All replaced parts, components, boards, and
equipment become the property of Marantz Pro. If Marantz Pro
determines that any product is not covered by this Limited Warranty,
purchaser must pay all parts, shipping, and labor charges for the repair
or return of such product.
4.
What are the limits on inMusic's liabilities? THE WARRANTIES
GIVEN IN THIS LIMITED WARRANTY, TOGETHER WITH ANY IMPLIED
WARRANTIES COVERING MARANTZ PRO PRODUCTS, INCLUDING
WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE
DURATION OF THIS LIMITED WARRANTY. EXCEPT TO THE EXTENT
PROHIBITED BY APPLICABLE LAW, INMUSIC OR MARANTZ PRO
SHALL
NOT
BE
LIABLE
FOR
ANY
SPECIAL,
INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, LOSS OF
PROFITS, DAMAGES TO PURCHASER'S PROPERTY, OR INJURY TO
PURCHASER OR OTHERS ARISING OUT OF THE USE, MISUSE OR
INABILITY TO USE ANY MARANTZ PRO PRODUCT, BREACH OF
WARRANTY, OR NEGLIGENCE, INCLUDING BUT NOT LIMITED TO
INMUSIC'S OR MARANTZ PRO'S OWN NEGLIGENCE, EVEN IF
INMUSIC, MARANTZ PRO, OR THEIR AGENTS HAVE BEEN ADVISED
OF SUCH DAMAGES, OR FOR ANY CLAIM BROUGHT AGAINST
PURCHASER BY ANY OTHER PARTY. THIS LIMITED WARRANTY IS
THE COMPLETE WARRANTY FOR MARANTZ PRO PRODUCTS, AND
IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. THIS
LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN
THE ORIGINAL PURCHASER OF THIS PRODUCT AND STATES
PURCHASER'S EXCLUSIVE REMEDY. IF ANY PORTION OF THIS
LIMITED WARRANTY IS ILLEGAL OR UNENFORCEABLE BY REASON
OF ANY LAW, SUCH PARTIAL ILLEGALITY OR UNENFORCEABILTY
SHALL NOT AFFECT THE ENFORCEABILITY OF THE REMAINDER OF
THIS LIMITED WARRANTY WHICH PURCHASER ACKNOWLEDGES IS
AND WILL ALWAYS BE CONSTRUED TO BE LIMITED BY ITS TERMS
OR AS LIMITED AS THE LAW PERMITS.
This Limited Warranty allocates risk of product failure between
purchaser and Marantz Pro, and Marantz Pro's product pricing reflects
this allocation of risk and the limitations of liability contained in this
4