H. Limitation of Liability
1. Customer's right to recover damages shall be limited to moneys actually
paid by Customer to purchase this Agreement. This limitation shall apply
regardless of the form of action. Any action for breach of this Agreement
must be brought within six months of termination of this Agreement and
any extension thereof.
2. Except as provided in this Agreement, neither Epson nor its affiliates or
agents shall be liable for (a) any loss, inconvenience, or damage,
including direct, special, incidental, or consequential damages, including
lost profits, cost of substitute equipment, downtime, claims of third
parties, including customers, or injury to property, resulting from the use or
inability to use the Product, whether resulting from a breach of any
expressed or implied warranty or any other legal theory, or (b) delay in
furnishing or failing to furnish Service if such a delay is caused by an act
of God, strike, governmental action or any cause beyond Epson's
reasonable control. Some jurisdictions do not allow limits on implied
warranties or on remedies for breach in certain transactions. In such
jurisdictions, the limits of this and the preceding paragraph may not
apply.
I. General
1. This Agreement is the complete and exclusive Agreement between the
parties. No Epson employee or other person is authorized to make any
representations or statements, which are inconsistent with this
Agreement. Any such representations or statements are void.
2. Any controversy or claim arising out of or relating to this Agreement, or
the breach hereof, shall be settled by arbitration to be conducted in Los
Angeles, California, in accordance with the Commercial Arbitration Rules
of the American Arbitration Association, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. This Agreement shall be construed in accordance
with the laws of California, except the arbitration clause which shall be
enforced pursuant to the Federal Arbitration Act.
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