Warranty Exclusions; Limitation Of Liability - Motion CL Serie Guia De Inicio Rapido

discretion, to give you a refund of your purchase price or lease payments
(less interest) instead of a replacement. THIS IS YOUR EXCLUSIVE REMEDY
FOR DEFECTIVE PRODUCTS. HOWEVER YOU MAY ALSO HAVE OTHER RIGHTS
THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY.
THIS IS YOUR EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. HOWEVER
YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE
OR FROM COUNTRY TO COUNTRY.

Warranty exclusions

This Limited Warranty does not extend to:
a. Expendable parts;
b. Any product from which the serial number has been removed or
altered;
c. Cosmetic damage or ordinary wear and tear;
d. Damage or non-functionality that results from
i. failure to follow the instructions that came with the product;
ii. accident, misuse, abuse, or other external causes;
iii. operation outside the usage parameters stated in the then current
user documentation for the product; or
iv. use of parts not manufactured or sold by Motion; or
e. Damage or non-functionality due to modifications or service by anyone
other than
i. Motion,
ii. a Motion authorized service provider, or
iii. your own installation of end-user replaceable Motion or Motion-
approved parts.

Limitation of liability

IF YOUR MOTION PRODUCT FAILS TO WORK AS WARRANTED ABOVE, YOUR
SOLE AND EXCLUSIVE REMEDY SHALL BE REPAIR OR REPLACEMENT. MO-
TION'S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED
IN ANY WAY TO THE MOTION PRODUCT IS EXPRESSLY LIMITED TO THE
LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF
REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MAL-
FUNCTION IN CONDITIONS OF NORMAL USE.
MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE
PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE
COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE.
MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY THE PROD-
UCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST
PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAM-
AGES. MOTION SHALL NOT BE LIABLE FOR ANY CLAIM MADE BY A THIRD
PARTY OR MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT,
OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM
(INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT
CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE
WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY
WILL BE EFFECTIVE EVEN IF MOTION KNEW OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY,
HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THIS LIM-
ITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE
OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY
TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUN-
TRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
Warranty transfer to another country
Motion is not responsible for any handling fees, tariffs, or import duties that
may be incurred in transferring the Products. Products and software may be
covered by export controls issued by the United States or other govern-
ments.
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