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use the Product in accordance with Manufacturer’s published
specifications, cosmetic damages, damages caused by abuse, misuse,
wear, tear, water damage caused by damaged O-ring or O-ring contact
surfaces or debris trapped between the product housing and the O-ring,
damages caused by exposure to sunscreens or other chemicals, repair
or attempted repair by unauthorized persons, improper storage, non-
performance of scheduled maintenance, and battery leakage.
THE FOREGOING IS PURCHASER’S SOLE AND EXCLUSIVE
REMEDY, AND MANUFACTURER’S SOLE AND EXCLUSIVE
OBLIGATION, WITH RESPECT TO A CLAIM THAT A PRODUCT IS
DEFECTIVE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH
ABOVE, MANUFACTURER DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL
MANUFACTURER BE LIABLE TO PURCHASER OR ANY THIRD
PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, INJURIES TO PERSONS OR
PROPERTY, OR DAMAGES FOR WHICH PURCHASER MAY BE
LIABLE TO OTHER PERSONS OR ENTITIES, EVEN IF
MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND WHETHER THE CLAIM IS FOR BREACH OR
REPUDIATION OF CONTRACT, BREACH OF WARRANTY, TORT,
NEGLIGENCE OR OTHERWISE. SOME JURISDICTIONS DO NOT