Limitation Of Liability; General Provisions - Varjo XR-3 Benutzerhandbuch

cost of shipping the Varjo Product to us. When we receive the Varjo
Product, we will determine if there is a defect or malfunction covered
by this Limited Warranty. If we find a defect or malfunction covered
by this Limited Warranty, we will repair or replace the Varjo Product
to provide You a Varjo Product that is substantially in accordance
with Varjo's technical specifications under Normal Use Conditions
and we will send the repaired Varjo Product or a replacement Varjo
Product, if any, to You at our cost. We may not return the original
Varjo Product to You. If You send us a Varjo Product without a valid
proof of purchase, we will return the Varjo Product to You at Your
cost, subject to prepayment, or, if such costs are not prepaid, we
will keep the Varjo Product thirty (30) days waiting for Your pick-up
before it is disposed of.
4. What is not covered?
This Limited Warranty does not cover and Varjo is not responsible for
(i) used or resold Varjo Products; (ii) Varjo Products not purchased
from Authorized Retailers; or (iii) any software (including but not
limited to any software on the Varjo product and any PC software
provided by Varjo).
Furthermore, this Limited Warranty does not cover and Varjo is not
responsible for damage to the Varjo Productor loss of the Varjo
Product or resulting from (i) an accident (e.g. accidental physical
impact, exposure to liquid, food or other contaminants, etc.) or theft;
(ii) use not in accordance with Normal Use Conditions or any other
misuse (including but not limited to neglect, abuse or alteration); (iii)
use with an unsuitable product not sold or licensed by Varjo; (iv) use
with inadequate ventilation; (v) use by children; (vi) circumvention of
our security mechanisms; (vii) reverse engineering; (viii) defects or
damage from viruses or other software problems introduced into the
Varjo Product; (ix) use of the Varjo Product in violation of any laws,
regulations or ordinances in effect where the Varjo Product is used;
(x) defects or damage caused by unauthorized repairs; (xi) Acts of
God, including but not limited to lightning, flood, tornado, earthquake
or hurricane; and/or (xii) cosmetic damages (e.g. scratches).
Additionally, this Limited Warranty does not cover and Varjo is not
responsible for damage to the Varjo Product or loss of the Varjo
Product resulting from normal wear and tear and normal depletion of
consumable parts.
Finally, this Limited Warranty does not include any specific
guarantees that the Varjo Product will be error-free or regarding
uptime or continued availability, data security features of software
or online accounts, or that any software, firmware or online sites will
function uninterrupted or error-free. This Limited Warranty is void if
the Varjo Product is returned with removed, damaged or tampered
labels or any alterations (including the unauthorized removal of any
component or external cover). [This Limited Warranty does not cover
data loss; it is Your responsibility to back up Your data, electronically
or physically, on a regular basis if you wish to retain Your data. Any
damages or costs related to data recovery, removal and installation
are not recoverable under this Limited Warranty.]

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NEITHER VARJO NOR ITS SUPPLIERS SHALL BE RESPONSIBLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS OR COMMERCIAL LOSS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, LOSS OF DATA, LOSS OF PRIVACY,
LOSS OF CONFIDENTIALITY, COST OF ANY REPLACEMENT GOODS
OR SUBSTITUTE EQUIPMENT OR LOSS OF USE WHILE THE VARJO
PRODUCT IS BEING REPLACED OR REPAIRED. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY
OF VARJO AND ITS SUPPLIERS UNDER THIS LIMITED WARRANTY
SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE VARJO PRODUCT. THESE EXCLUSIONS APPLY EVEN IF A
REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR VARJO HAS BEEN
ADVISED OF THE POSSIBILITY OF THESE DAMAGES, FOR ANY
CLAIM ARISING FROM OR RELATED TO THIS LIMITED WARRANTY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR
ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY.
Some states and countries do not allow the exclusion or limitation of
incidental or consequential damages, so limitations or exclusions in
this Limited Warranty may not apply to you.
No Varjo employee or representative or its affiliates or any third party
is authorized to make any modification, extension or addition to the
Limited Business Warranty or any part of these Terms.

6. General provisions

6.1 This Limited Warranty shall be subject to Finnish law, excluding
its choice of law provisions. The UN Convention on Contracts for the
International Sale of Goods shall not apply. Any dispute, controversy
or claim arising out of this Limited Warranty shall be finally settled
by arbitration in accordance with the Arbitration Rules of the Finland
Chamber of Commerce. Seat of arbitration shall be Helsinki. The
language of the arbitration shall be English.
6.2 If any provision of this Limited Warranty is found to be illegal,
invalid, or unenforceable under the laws of any jurisdiction, this will
not affect the legality, validity, or enforceability of any other provision
of the Limited Warranty.
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