MaxPower Corporation, Inc. (“MaxPower”) warrants its CoolCube products only to the extent stated in its official written warranty. Unless otherwise specifically provided in writing by MaxPower, MaxPower warrants to end users that products shall be free of defects of materials or workmanship and will function in accordance with MaxPower’s published specifications under ordinary intended use and service for a period of twelve (12) months after delivery to the end user. MaxPower shall, at its sole option, repair or replace any defective product covered by this warranty. Such remedy shall be end user’s sole remedy with respect to any particular defect in the products.

This warranty does not cover defects or malfunctions which result from causes beyond MaxPower’s control, including, without limitation, (a) unusual physical or electrical stress; (b) accident, neglect, abuse, misuse or other abnormal use; (c) failure to perform routine maintenance in accordance with MaxPower’s recommended procedures; (d) normal wear and tear; (e) repairs or attempted repairs by an unauthorized person; (f) modifications or alterations to the products; (g) use with supplies or devices not supplied or approved by MaxPower; or (h) improper servicing. This warranty shall extend only to the original end user and shall be void if any labels or other identifying marks permanently affixed to products when shipped by MaxPower are removed, altered, defaced or obliterated.

The aforesaid warranty is the only warranty made by MaxPower with respect to the products, and releases MaxPower from all obligations or liabilities for damages arising out of or in connection with the sale, use or performance of the products including, without limitation to, any lost profits or any other consequential, incidental, special or exemplary damages of any kind. MAXPOWER DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO THE PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE. THERE ARE NO WARRANTIES WHICH EXTENDE BEYOND THE DESCRIPTION CONTAINED HEREIN.

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