Idaho Power company (“Idaho Power”) is not the manufacturer of the Kill A Watt meter. Idaho Power hereby disclaims any and all implied or express warranties (including, but not limited to, implied warranties of merchantability or fitness for a particular purpose) and shall not be responsible for any representation or promise with respect to the Kill A Watt meter or its use, operation, improper application or malfunction.

In no event shall Idaho Power be responsible for any direct, special, incidental, consequential or indirect damages of any nature or kind, whether in contract, warranty, tort, negligence, strict liability, or under any indemnification provision or otherwise related to the Kill A Watt meter or its use, operation, improper application or malfunction.