Limitation of liability and remedies, Governing law – Siemens Gigaset E450 User Manual

Page 38

Appendix

Gigaset E450 / USA EN / A31008-M1702-R301-2-6019 / appendix.fm / 13.4.07

UCT. Some states or provinces do not allow lim-

itations on how long an implied warranty lasts

or the exclusion or limitation of incidental or

consequential damages, so the above exclu-

sions or limitations may not apply to you

(applies only in the U.S. and Canada). If an

implied warranty or condition is created by your

state/province and federal or state/provincial

law prohibits disclaimer of it, you also have an

implied warranty or condition, BUT ONLY AS TO

DEFECTS DISCOVERED DURING THE PERIOD OF

THIS LIMITED WARRANTY (ONE YEAR). AS TO

ANY DEFECTS DISCOVERED AFTER THE ONE

YEAR PERIOD, THERE IS NO WARRANTY OR CON-

DITION OF ANY KIND. This limited warranty

gives you specific legal rights, and you may also

have other rights which vary from state to state

or from province to province (applies only in the

U.S. and Canada). In no event shall Siemens' lia-

bility exceed the cost of repairing or replacing

defective Products as provided herein, and any

such liabilities will terminate upon expiration of

the warranty period.

Any supplements or updates to the Product or

the software in the Product, including without

limitation, any (if any) software fixes or

upgrades or bug fixes provided to you after the

expiration of the one year Limited Warranty

period are not covered by any warranty or con-

dition, express, implied or statutory.

8. EXCLUSION OF INCIDENTAL,

CONSEQUENTIAL AND CERTAIN

OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW, IN NO EVENT SHALL SIE-

MENS, SELLER OR THEIR SUPPLIERS BE LIABLE

FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER

(INCLUDING, BUT NOT LIMITED TO, DAMAGES

FOR LOSS OF PROFITS OR CONFIDENTIAL OR

OTHER INFORMATION, FOR BUSINESS INTER-

RUPTION, FOR PERSONAL INJURY, FOR LOSS OF

PRIVACY, FOR FAILURE TO MEET ANY DUTY

INCLUDING OF GOOD FAITH OR OF REASON-

ABLE CARE, FOR NEGLIGENCE, AND FOR ANY

OTHER PECUNIARY OR OTHER LOSS WHATSO-

EVER) ARISING OUT OF OR IN ANY WAY

RELATED TO THE USE OF OR INABILITY TO USE

THE PRODUCT, THE PROVISION OF OR FAILURE

TO PROVIDE SUPPORT SERVICES, OR OTHER-

WISE UNDER OR IN CONNECTION WITH ANY

PROVISION OF THIS LIMITED WARRANTY, EVEN

IN THE EVENT OF THE FAULT, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY, BREACH OF

CONTRACT OR BREACH OF WARRANTY OF SIE-

MENS OR SELLER OR ANY SUPPLIER, AND EVEN

IF SIEMENS OR SELLER OR ANY SUPPLIER HAS

BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. REPAIR OR REPLACEMENT, AS PRO-

VIDED UNDER THE WARRANTY, IS YOUR SOLE

AND EXCLUSIVE REMEDY FOR BREACH OF THE

LIMITED WARRANTY.

9. LIMITATION OF LIABILITY AND

REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU

MIGHT INCUR FOR ANY REASON WHATSOEVER

(INCLUDING, WITHOUT LIMITATION, ALL DAM-

AGES REFERENCED ABOVE AND ALL DIRECT OR

GENERAL DAMAGES), THE ENTIRE LIABILITY OF

SIEMENS, SELLER AND ANY OF THEIR SUPPLIERS

UNDER ANY PROVISION OF THIS LIMITED WAR-

RANTY AND YOUR EXCLUSIVE REMEDY FOR ALL

OF THE FOREGOING (EXCEPT FOR ANY REMEDY

OF REPAIR OR REPLACEMENT ELECTED BY SIE-

MENS OR SELLER OR SUPPLIER WITH RESPECT

TO ANY BREACH OF THE LIMITED WARRANTY)

SHALL BE LIMITED TO THE GREATER OF THE

AMOUNT ACTUALLY PAID BY YOU FOR THE

PRODUCT OR FIVE DOLLARS ($5.00 USD). THE

FOREGOING LIMITATIONS, EXCLUSIONS AND

DISCLAIMERS SHALL APPLY TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, EVEN

IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

10.GOVERNING LAW

This limited warranty will be governed by the

laws of Texas, and excluding the United Nations

Convention on Contracts for the International

Sale of Goods.

If you want to learn more about Siemens Gigas-

ets, or for technical assistance with your

Gigaset, visit our web site at

http://www.siemens.com or, please call (866)

247 8758, or for TDD access (888) 777-0209.

Issued by Siemens Cordless Products

Siemens and Gigaset are registered trademarks

of Siemens Home and Office Communication

Devices GmbH & Co. KG.

Siemens Cordless Products is a division of

Siemens Home and Office Communication

Devices GmbH & Co. KG.

Product attributes subject to change.

Siemens reserves the right, to make changes

without notice in equipment design and/or

components.

Part Number: A31008-M1702-R301-2-6019

Communication Devices GmbH & Co. KG. All