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Section 11: Terms and Conditions
TERMS OF USE, LIMITED WARRANTY & LIABILITY WAIVER
TERMS OF USE, LIMITED WARRANTY, and LIABILITY WAIVER
Arometrix offers all of its products with the following terms and conditions and notices as follows. By accepting and/or using an Arometrix product,
you hereby acknowledge and agree to the following terms and conditions, and acceptance of these terms and conditions are a condition precedent
to any purchase/sale agreement between you and Arometrix. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM AROMETRIX IF
YOU (A) DO NOT AGREE TO THESE TERMS, OR (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING
CONTRACT WITH AROMETRIX.
EXCLUSIVE OBLIGATION: The Arometrix product you are purchasing has been designed for a specific use within a set of suitable operating
conditions, as set forth in its User Manual, or as indicated otherwise by Arometrix. Any use of the Arometrix Product for any purpose or under any
conditions, other than those specified, shall render any limited warranty void, and shall expressly invalidate any liability of Arometrix for damages
as a result of such misuse.
USER LIMITATION: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from,
transfer, or sell, any information, software, products or services obtained from or created by Arometrix to any third party, without the express
written consent of Arometrix to do otherwise. Any violation of this provision shall give rise to an indemnification of Arometrix by you, for any third
party claims arising out of such violation.
THIRTY (30) DAY LIMITED WARRANTY: All Arometrix products are warranted against any manufacturing defect for a period of thirty (30) days from
the date of purchase, unless such product is a custom-work for you and not a standard Arometrix product. This limited warranty extends only to the
original purchaser of the Arometrix products. It does not extend to any subsequent or other owner or transferee of the product. The responsibility
of Arometrix for defective products is limited to repair, replacement or refund as set forth in this warranty statement. Any product qualifying as a
custom-work shall not be warranted against any defects for any purpose, and your acceptance of such custom-work shall relieve Arometrix of any
liability for any purpose. WITH THE EXCEPTION OF THE LIMITED WARRANTY ABOVE, YOU AGREE ANY Arometrix PRODUCT IS PROVIDED AS IS,
EXCLUSIVE OF ANY WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, EXPRESSED OR IMPLIED.
LIMITATION OF LIABILITY: You agree and acknowledge, Arometrix shall have no liability to you whatsoever for any direct, indirect, punitive,
incidental, special consequential damages arising out of or connected with the use or misuse of its products. In particular, given the nature of
Arometrix products, you agree and acknowledge, under no circumstances whatsoever shall Arometrix be liable to you for any consequential
damages for damage to any non- Arometrix product or service, arising from the failure, use or misuse of a Arometrix product, including, but not
limited to, any vacuum system, engine, vehicle, factory, or the like. In the event, a court of law with proper jurisdiction finds Arometrix liable to
you for any purpose, you agree and acknowledge Arometrix's maximum liability shall not exceed the purchase price of one unit of product giving
rise to such liability, or $250.00, whichever is greater.
ENTIRE OBLIGATION: These terms and conditions express the entire obligation of Arometrix with respect to its products. If any part of these terms
and conditions are deemed void, invalid, unenforceable or illegal, including, but not limited to, the warranty disclaimers, liability disclaimers and
liability limitations set forth above, then the unenforceable clause or sentence may be disregarded with the remainder of these terms and
conditions valid and enforced. In the event the unenforceable clause or sentence leaves a void in these terms and conditions, a provision closely
matching the intent of the unenforceable provision should be deemed inherent within these terms and conditions, slightly modified to render such
provision valid and enforceable.
GENERAL: These terms and conditions are governed by the laws of the State of New Jersey, USA. All claims and disputes arising under or relating to
this Agreement are to be settled by binding arbitration in the state of New Jersey. An award of arbitration may be confirmed in a court of
competent jurisdiction. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and
conditions.
MODIFICATION OF TERMS AND CONDITIONS: Arometrix reserves the right to change the terms, conditions, and notices under which their
products are offered.
Arometrix, Inc.
arometrix.com/resources