Common use of Disclaimer of Warranty and Limitations Clause in Contracts

Disclaimer of Warranty and Limitations. Except for the limited warranties set forth herein and subject to the applicable local law, Acer disclaims all other warranties, expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose. In no event shall Acer, subject to the applicable local law, be liable for any incidental, special or consequential damages, including but not limited to loss of business, profits, data or use, whether in an action in contract or tort or based on a warranty, arising out of or in connection with the use or performance of the Product or any Acer-supplied software that accompanies the Product, even if Acer has been advised of the possibility of such damages. You agree that repair, and (upon availability) replacement, as applicable, under the warranty services described herein is your sole and exclusive remedy with respect to any breach of the Acer Limited Warranty set forth herein. Repair time frames specified by the warranty are not guaranteed in any way, and indicate time to respond by Acer or its Authorized Service Provider. If a Specific repair time is required a special warranty extension, if available, must be purchased by the client.