Channel Master Digital Advantage 100 (2020) - Manual (Page 17)

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2.4 The price of out-of-warranty repairs payable by the Customer will be based on standard
labor and parts prices in effect at the time of the repair. CHANNEL MASTER will use its best
efforts to ensure that the cost of such repair, exchange, refurbishing, or substitution will not
exceed the original price of Product. 2.5 If the problem reoccurs within the warranty period,
CHANNEL MASTER will, at its option: (1) re-perform the service; (2) replace the product
pursuant to the terms of this warranty, (3) permit Customer to return the product and issue a
refund pursuant to this warranty, or (4) refund the amount the Customer paid for the services.
PRODUCT MODIFICATION: 3.1 CHANNEL MASTER reserves the right to make changes or
improvements to its products, during subsequent production, without incurring the obligation
to install such changes or improvements on previously manufactured or sold products.
FORCE MAJEURE: 4.1 CHANNEL MASTER will not be liable if its performance under this
warranty becomes commercially impracticable due to any contingency beyond CHANNEL
MASTER’s reasonable control, including acts of God, fires, flood, wars, sabotage, civil
unrest, accidents, labor disputes or shortages, government laws, rules and regulations,
whether valid or invalid, inability to obtain material, equipment or transportation, incorrect,
delayed or incomplete specifications, drawings or data supplied by Customer (collectively
“Force Majeure”)
LIMITATIONS AND QUALIFICATIONS OF WARRANTY: 5.1 This Limited Warranty
extends only to the original purchaser of the Equipment and is in lieu of all other express or
implied warranties, including those of merchantability and fitness for a particular purpose.
This Warranty does not apply to any damage, defect of failure caused by: (a) any part of the
equipment having been modified, adapted, repaired, maintained, transported or relocated
by any person; (b) Storage or environmental characteristics which do not conform to the
applicable sections of the appropriate Equipment Manual or Instruction Sheet; (c) Failure
to conform with the Equipment Operating Instructions in the applicable Equipment Manual
or Instruction Sheet; (d) External causes, including external electrical stress or lightning,
or use in conjunction with incompatible equipment, unless such use was with CHANNEL
MASTER’s prior written request; (e) Cosmetic damage; (f) Accidental damage, negligence,
modification, mishandling, abuse or misuse; or (g) Force Majeure.
LIMITATION ON DAMAGES: 6.1 THIS WARRANTY IS THE CUSTOMER’S EXCLUSIVE
WARRANTY FOR THE EQUIPMENT, CHANNEL MASTER SPECIFICALLY DISCLAIMS
ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF MERCHANTABILITY.
6.2 CHANNEL MASTER WILL NOT BE LIABLE IN TORT, INCLUDING LIABILITY IN
NEGLIGENCE OR STRICT LIABILITY, AND WILL HAVE NO LIABILITY AT ALL FOR
INJURY TO PERSONS OR PROPERTY. CHANNEL MASTER’S LIABILITY FOR FAILURE
TO FULFILL ITS OBLIGATIONS UNDER THIS WARRANTY OR ANY OTHER LIABILITY
UNDER OR IN CONNECTION WITH THE EQUIPMENT WILL BE LIMITED TO THE
AMOUNT OF THE PURCHASE PRICE OF THE EQUIPMENT AT THE TIME OF ORIGINAL
PURCHASE. THE REMEDIES STATED IN THIS WARRANTY ARE THE CUSTOMER’S
EXCLUSIVE REMEDIES AGAINST CHANNEL MASTER REGARDING THE EQUIPMENT.
6.3 EVEN IF CHANNEL MASTER HAS BEEN NOTIFIED OF THE POSSIBILITY OF THEM,
CHANNEL MASTER WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND REVENUES,
FAILURE TO REALIZE EXPECTED SAVINGS, ANY CLAIM AGAINST A CUSTOMER BY A
THIRD PARTY, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY KIND.
6.4 THESE LIMITATIONS AND DISCLAIMERS ARE NOT MADE BY CHANNEL MASTER
WHERE PROHIBITED BY LAW.