Franklin BOOKMAN NIV-440 - Manual (Page 17)

16
Limited Warranty
(U.S. only)
FRANKLIN warrants to you that the BOOKMAN PRODUCT will be free from defects in materials and
workmanship for one year from purchase. In the case of such a defect in your BOOKMAN PRODUCT,
FRANKLIN will repair or replace it without charge on return, with purchase receipt, to the dealer from which
you made your purchase or Franklin Electronic Publishers, Inc., One Franklin Plaza, Burlington, N.J. 08016-
4907, within one year of purchase. Alternatively, FRANKLIN may, at its option, refund your purchase price.
Data contained in the BOOKMAN PRODUCT may be provided under license to FRANKLIN. FRANKLIN
makes no warranty with respect to the accuracy of data in the BOOKMAN PRODUCT. No warranty is made
that the BOOKMAN PRODUCT will run uninterrupted or error free. You assume all risk of any damage or
loss from your use of the BOOKMAN PRODUCT.
This warranty does not apply if, in the sole discretion of FRANKLIN, the BOOKMAN PRODUCT has been
tampered with, damaged by accident, abused, misused, or misapplication, or as a result of service or
modification by any party, including any dealer, other than FRANKLIN. This warranty applies only to products
manufactured by or for FRANKLIN. Batteries, corrosion, or battery contacts and any damage caused by
batteries are not covered by this warranty. NO FRANKLIN DEALER, AGENT, OR EMPLOYEE IS
AUTHORIZED TO MAKE ANY ADDITIONAL WARRANTY IN THIS REGARD OR TO MAKE ANY
MODIFICATION OR EXTENSION OF THIS EXPRESS WARRANTY.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS OR IMPLIED
WARRANTIES, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE FRANKLIN’S OBLIGATION TO REPLACE OR REFUND AS SET FORTH ABOVE IN
THIS WARRANTY. Some States do not allow the exclusion of implied warranties, or limitations on how long
a warranty lasts. This warranty gives you specific rights; you may also have additional rights which vary from
State to State. This warranty shall not be applicable to the extent that enforcement of any provision may be
prohibited by applicable law.
FRANKLIN SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER INDIRECT LOSS OR DAMAGE,
ARISING OUT OF YOUR PURCHASE, THE MANUFACTURE OR SALE OF THE BOOKMAN PRODUCT,
THIS LICENSE, OR ANY OBLIGATION RESULTING THEREFROM OR THE USE OR PERFORMANCE
OF THE BOOKMAN PRODUCT UNDER ANY LEGAL THEORY, WHETHER BREACH OF CONTRACT,
TORT, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION OR PROCEEDING, WHICH DAMAGES
SHALL INCLUDE, BUT NOT BE LIMITED TO, LOST PROFITS, DAMAGES TO PROPERTY, OR PERSONAL
INJURY (BUT ONLY TO THE EXTENT PERMITTED BY LAW). FRANKLIN’S ENTIRE LIABILITY FOR
ANY CLAIM OR LOSS, DAMAGE, OR EXPENSE FROM ANY SUCH CAUSE SHALL IN NO EVENT
EXCEED THE PRICE PAID FOR THE BOOKMAN PRODUCT. THIS CLAUSE SHALL SURVIVE FAILURE
OF AN EXCLUSIVE REMEDY. This license and warranty is governed by the laws of the United States and
the State of New Jersey.