Limitations of Liability and Remedies; Notification Requirements; Time Limits
Neither Mimaki nor its affiliates shall be liable for any loss, inconvenience, or damage, including special, incidental or consequential damages, including, lost profits, cost of substitute equipment, lost media/ink, downtime, claims of third parties, including customers, or injury to property resulting from the use or inability to use this Product, whether resulting from breach of warranty, breach of contract, negligence, strict tort or any other legal theory. Mimaki’s liability with respect to Products proved to its satisfaction to be defective within the applicable warranty period shall be limited to repair or replacement as provided in the foregoing information, or, in extraordinary cases, at Mimaki’s sole discretion, the return of the Product with full refund of the purchase price. These repairs, replace, or refund remedies are your exclusive remedies for breach of warranty.
No claims shall be asserted against Mimaki or its affiliates, unless the failure or defect giving rise to the claim is sustained prior to the expiration of the warranty period specified herein. If you discover within the applicable warranty period a failure of the Product to conform to specifications or a defect in material or workmanship, that is not able to be remedied over the phone with your local authorized Dealer, you must promptly notify Mimaki in writing. In no event shall such notification be received by Mimaki later than 36 months from the date of delivery. Any suit or action for breach of warranty must be commenced and filed in a court of competent jurisdiction within 36 months following delivery of the Product. These limitations apply whether damages are sought, or a claim made, under this warranty or as a tort claim (including negligence and strict Product liability), a contract claim, or any other claim. These limitations cannot be waived or amended by any person. These limitations of liability and remedies will be effective even if Mimaki or an authorized representative of Mimaki has been advised by you of the possibility of any such damages. These limitations of liability and remedies, however, will not apply to claims for personal injury.