The warranty of the System is based on the Service Plan selected. The System is warranted to operate as specified following the completion of the installation and maintained by Knockout Mosquito Systems under the appropriate Service Plan. The warranty includes all parts and labor free of charge for malfunctioning parts. The warranty does not cover damage or broken parts due to: (1) misuse of the System; (2) damage to the caused by the following: (i) vegetation/tree growth or falling plant/tree matter; (ii) flooding; (iii) power surges; (iv) faulty electrical connections; or (v) actions by the Customer or third parties on the Customer’s property wither with or without permission. The warranty does not cover modifications/upgrades to the System required by federal, state or local laws, ordinances, regulations or guidelines. Service, maintenance, refill or repair of the System by anyone other than Knockout Mosquito Systems, or an authorized contractor thereof, wholly voids the warranty. Any repairs to the System necessitated by any of the aforementioned unauthorized activities will be charged to the Customer.
NO IMPLIED WARRANTIES: LIMITATION OF LIABILITY
The Warranty herein constitutes the entirety of the Warranty offered by Knockout Mosquito Systems and SPECIFICALLY DICLAIMS any IMPLIED WARRANTY OF MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. In no event shall Knockout Mosquito Systems be liable to Customer or any third party for lost profits or indirect, special, consequential, or incidental damages resulting from a breach of any agreement between Customer and Knockout Mosquito Systems or any obligations arising therefrom, except any property damage personal injury resulting from the gross negligence or willful misconduct of Knockout Mosquito Systems. Under no circumstances shall monetary damages attributed to Knockout Mosquito Systems exceed the purchase price paid by Customer for the System. This limitation of liability shall apply regardless of the cause of action, whether in contract or tort, including negligence. The Parties acknowledge that Knockout Mosquito System’s pricing reflects the allocation of risk and limitations of liability contained in this Agreement.