THE LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, AND ALL OTHER OBLIGATIONS ON THE PART OF ANKER/ANKER SOLIX UNLESS SUCH OTHER WARRANTIES AND OBLIGATIONS ARE AGREED TO IN WRITING BY ANKER/ANKER SOLIX. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER IN SUCH JURISDICTIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANKER'S/ANKER SOLIX'S AGGREGATE LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE PURCHASE PRICE PAID TO ANKER/ANKER SOLIX BY THE BUYER FOR THE PRODUCT IN THE CASE OF A WARRANTY CLAIM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANKER/ANKER SOLIX HEREBY DISCLAIMS AND SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED TO ANY OF ITS PRODUCTS OR THEIR USE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANKER/ANKER SOLIX BE LIABLE TO THE BUYER, OR TO ANY THIRD PARTY CLAIMING THROUGH OR UNDER THE BUYER, FOR ANY LOST PROFITS, LOSS OF USE, OR EQUIPMENT DOWNTIME, OR FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, HOWSOEVER ARISING, RELATED TO THE PRODUCTS, EVEN IF ANKER/ANKER SOLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANKER SOLIX X1 HOME ENERGY STORAGE SYSTEM IS NOT INTENDED FOR USE AS A PRIMARY OR BACKUP POWER SOURCE FOR LIFE SUPPORT SYSTEMS, MEDICAL EQUIPMENT, OR ANY OTHER USE WHERE THE ANKER SOLIX X1 HOME ENERGY STORAGE SYSTEM’S FAILURE COULD LEAD TO INJURY TO PERSONS OR LOSS OF LIFE OR CATASTROPHIC PROPERTY DAMAGE. ANKER SOLIX DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANY SUCH USE OF THE ANKER SOLIX X1. ADDITIONALLY, ANKER SOLIX RESERVES THE RIGHT TO REFUSE TO SERVICE PRODUCTS USED FOR THESE PURPOSES AND DISCLAIMS ANY AND ALL LIABILITY ARISING OUT OF ANKER'S SERVICE OR REFUSAL TO SERVICE THE PRODUCTS IN SUCH CIRCUMSTANCES.
CLAIMS BY BUYER THAT GO BEYOND THE WARRANTY TERMS SET OUT HEREIN, INCLUDING CLAIMS FOR COMPENSATION OR DAMAGES, ARE NOT COVERED BY THE LIMITED WARRANTY, INSOFAR AS ANKER SOLIX IS NOT SUBJECT TO STATUTORY LIABILITY. EVENTUAL CLAIMS IN ACCORDANCE WITH THE LAW ON PRODUCT LIABILITY REMAIN UNAFFECTED. COVERAGE UNDER THE LIMITED WARRANTY IS SUBJECT TO BUYER COMPLYING WITH THE FOREGOING NOTIFICATION REQUIREMENTS AND COOPERATING WITH ANKER SOLIX'S DIRECTIONS. ANKER SOLIX'S SOLE OBLIGATION AND BUYER’S EXCLUSIVE REMEDY FOR ANY DEFECT WARRANTED HEREUNDER IS LIMITED TO THOSE ACTIONS EXPRESSLY STATED ABOVE. SUCH ACTIONS ARE FINAL AND DO NOT GRANT ANY FURTHER RIGHTS, IN PARTICULAR WITH RESPECT TO ANY CLAIMS FOR COMPENSATION. UNLESS OTHERWISE SPECIFIED IN AN EXECUTED AGREEMENT WITH ANKER SOLIX, THE LIMITED WARRANTY AND RELATED PROVISIONS SET OUT HEREIN ARE SUBJECT TO ANKER SOLIX'S GENERAL TERMS AND CONDITIONS, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS THEREOF, WHICH RELATE TO THE DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND GOVERNING LAW AND JURISDICTION.
THE BUYER ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS OF LIABILITY ARE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH LIMITATIONS THE PURCHASE PRICE OF THE PRODUCTS WOULD BE SUBSTANTIALLY DIFFERENT. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO THE BUYER IN SUCH JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE EXCLUSION OF DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE BUYER IN SUCH JURISDICTIONS.
YOU MAY HAVE SPECIFIC LEGAL RIGHTS OUTSIDE THIS WARRANTY, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. THIS LIMITED WARRANTY DOES NOT AFFECT ANY ADDITIONAL RIGHTS YOU HAVE UNDER LAWS IN YOUR JURISDICTION GOVERNING THE SALE OF CONSUMER GOODS. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS LIMITED WARRANTY STATEMENT MAY NOT APPLY TO YOU IN THOSE AREAS.