Warranty 7.
Limitation of Liability.
THE REMEDIES DESCRIBED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
8.
(i) Purchaser means the entity or person purchasing the Product(s) supplied by Reseller; (j) Reseller means the authorized reseller or distributor of Product(s) in the United States; and (k) Water Hammer means the hydraulic shock caused by a pressure surge when water in motion experiences a momentum change by being forced to stop or change direction suddenly, commonly as a result of the rapid closing of a valve or stopper at the end of a pipeline system.
Governing Law and Jurisdiction.
All matters arising out of or relating to this Limited Warranty are governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
9.
Dispute Resolution and Binding Arbitration.
9.1. YOU AND ADF AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF THE PRODUCT(S), WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 9.2. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 9.3. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
10. Definitions For the purposes of this Limited Warranty, the terms below have the following meanings: (a)
ADF means Australian Designer Faucets, Inc. a company incorporated under the laws of the State of Delaware on September 10th, 2021;
(b) Applicable Standards and Regulations means all applicable standards and regulations for such Products, including but not limited to the installation, maintenance and removal of the Products, in the United States; (c)
Business Day means any day except a Saturday, Sunday or a bank holiday in New York, New York;
(d) Consequential Loss means loss beyond the normal measure of damages and includes indirect loss, loss of reputation, loss of profits, loss of actual or anticipated savings, loss of bargain and loss opportunities; (e)
Limited Warranty means this limited Product warranty set forth herein;
(f) Loss means any loss, liability, cost, expense, damage, charge, penalty, outgoing or payment however arising, whether present, unascertained, immediate, future or contingent and includes direct loss and Consequential Loss; (g) Phoenix means Phoenix Industries Pty Ltd (ABN 48 007 215 876) of 926 Mountain Highway, Bayswater, Victoria 3153 trading as ‘Phoenix Tapware’; (h) Product(s) means the Phoenix products supplied to the Purchaser by a Reseller;
— australliandesignerfaucets.com
ADF Registered Office 251 Little Falls Drive, Wilmington, DE 19808, USA
Phoenix Industries 926 Mountain Hwy, Bayswater VIC 3153, Australia
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