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Failure due to abuse, misuse, accident, unauthorized alteration, modification or repair,
improper installation or operation (whether or not by a AMEC-certified service agent) or
improper storage, shipping damage or corrosion;
Costs associated with routine system checkouts, alignment/calibration, sea trials or
commissioning;
Defects or damage that result from the use of non-AMEC branded or certified products,
accessories or other peripheral equipment, including without limitation housings, parts, or
software;
Aftermarket software (i.e. all software other than the original operating software sold with the
products);
Products that have been refurbished, reconditioned, or remanufactured (The foregoing does
not apply to products repaired or replaced pursuant to the terms of this Warranty).
Products that have been dismantled resulting in the broken label on the Products;
Costs associated with overtime or premium labor costs;
Differences in material, coloring or size that may exist between actual products and the
pictures or descriptions of such products in our advertising, advertising literature or on the
Internet;
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING WARRANTY IS
AMEC’S SOLE WARRANTY AND IS APPLICABLE ONLY TO NEW PRODUCTS
PURCHASED WORLDWIDE. THE PROVISIONS OF THIS WARRANTY ARE IN LIEU OF
ANY OTHER WRITTEN WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR
ORAL, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
THE LIABILITY OF AMEC TO A CUSTOMER UNDER THIS WARRANTY, WHETHER FOR
BREACH OF CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE SHALL
IN NO EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL PURCHAE PRICE OF THE
PRODUCT GIVING RISE TO SUCH LIABILITY AND IN NO EVENT SHALL AMEC BE LIABLE
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOST OF
GOODWILL, REPUTATION, LOSS OF OPPORTUNITY OR INFORMATION, DATA,
SOFTWARE OR APPLICATIONS.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFICLEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
This Warranty supersedes and replaces all previous Warranties.
46


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