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but Brookstone, in so far as permitted by law, provides these products “as is.”
This warranty does not apply to: a) damage caused by failure to follow instructions
relating to product’s use or the installation of components; b) damage caused
by accident, abuse, misuse, fire, floods, earthquake or other external causes; c)
damage caused by service performed by anyone who is not a representative
of Brookstone; d) accessories used in conjunction with a covered product; e) a
product or part that has been modified to alter functionality or capability; f) items
intended to be periodically replaced by the purchaser during the normal life of the
product including, without limitation, batteries or light bulbs; g) any product sold
“as is” including, without limitation, floor demonstration models and refurbished
items; or h) a product that is used commercially or for a commercial purpose.
BROOKSTONE SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES RESULTING FROM THE USE OF THIS PRODUCT, OR ARISING OUT OF ANY
BREACH OF THIS WARRANTY. TO THE EXTENT PERMITTED BY APPLICABLE LAW,
BROOKSTONE DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT
DEFECTS. IF BROOKSTONE CANNOT LAWFULLY DISCLAIM STATUTORY OR
IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH
WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS
EXPRESS WARRANTY.
Some states disallow the exclusion or limitation of incidental or consequential
damages or how long an implied warranty lasts, so the above exclusions or
limitations may not apply to you. This warranty gives you specific legal rights and
you may also have other rights, which vary from state to state.