10 ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE OR USE, SHALL BE LIMITED TO THE DURATION
OF THE FOREGOING LIMITED WRITTEN WARRANTY. OTHERWISE, THE
FOREGOING LIMITED WARRANTY IS THE CONSUMER'S SOLE AND
EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED. NMP SHALL NOT BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO, LOSS OF ANTICIPATED BENEFITS OR PROFITS, LOSS OF
SAVINGS OR REVENUE, PUNITIVE DAMAGES, LOSS OF USE OF THE
PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST
OF ANY SUBSTITUTE EQUIPMENT OR FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES, INCLUDING CONSUMERS, AND
INJURY TO PROPERTY, RESULTING FROM THE PURCHASE OR USE OF
THE PRODUCT OR ARISING FROM BREACH OF THE WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL OR EQUITABLE THEORY, EVEN IF NMP KNEW OF THE LIKELIHOOD
OF SUCH DAMAGES. NMP SHALL NOT BE LIABLE FOR DELAY IN
RENDERING SERVICE UNDER THE LIMITED WARRANTY, OR LOSS OF
USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED.
11 Some states do not allow limitation of how long an implied warranty
lasts, so the above one-year warranty limitation may not apply to you
(the Consumer). Some states do not allow the exclusion or limitation
of incidental and consequential damages, so certain of the above
limitations or exclusions may not apply to you (the Consumer). This
limited warranty gives the Consumer specific legal rights and the
Consumer may also have other rights which vary from state to state.
12 NMP neither assumes nor authorizes any authorized service center or
any other person or entity to assume for it any other obligation or
liability beyond that which is expressly provided for in this limited
warranty including the provider or seller of any extended warranty or
service agreement.
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ACEC
