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About the warranty and after-service (continued)
Limited Warranty
Proxima Corp. (“Proxima”) warrants that each Desktop Projector 6850 (“Product”) projector purchased
from Proxima Corp. is free from defects in materials and workmanship under normal use during the
warranty period said warranty shall commence on the day of purchase by the End-User and continue for
a period of two (2) years.
To exercise the End-User’s rights under this warranty, the Product must be returned at the End-User’s
expense, to Proxima Corporation or to any authorized Proxima Corp. service center. The returned
product must be accompanied by (i) the End-User’s sales receipt or invoice that shows the date of
sale, product type and dealer’s name, and, when returned to Proxima Corporation, (ii) a return
authorization number, issued by Proxima Corporation that is clearly displayed on the outside of the
shipping carton. The Warranty extends only to the original End-User purchase and is not transferable.
EXCLUSIVE REMEDY
During the Warranty Period, Proxima Corp. will, at no additional charge, repair or replace defective
parts or, at the option of Proxima Corporation, replace the entire unit. Proxima Corporation shall
have no other obligation, and repair or replacement shall be the End-User’s exclusive remedy for any
defect in the Product.
WARRANTY LIMITATION AND EXCLUSION
This Limited warranty does not extend to any Product that has been damaged due to accident, unauthorized
modifications, tampering, abuse, misuse, alterations, unusual physical or electrical stress, or to
any Product that has been serviced by other than Proxima Corporation or its authorized agents or which
has been used in any manner other than from ordinary use in the application for which it was intended.
THE FOREGOING WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT
NOT PROHIBITED BY LAW, ALL STATUTORY WARRANTIES ARE HEREBY WAIVED AND EXCLUDED FROM THIS LIMITED
WARRANTY. PROXIMA CORPORATION EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED IN THE LIMITED WARRANTY.
LIMITATION OF LIABILITY
It is understood and agreed that the liability of Proxima Corporation, whether in contract, in tort,
under any warranty, in negligence or otherwise shall not exceed the return of the amount of the purchase
price paid by the End-User and under no circumstances shall Proxima Corporation be liable for
special, indirect or consequential damages. No action, regardless of form, arising out of the agreement
to purchase the Product may be brought by the End-User more than one year after the cause of the action
has accrued.