SENA NEMO10-SK - Manual (Page 53)

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Appendix D: Warranty
D.1 GENERAL WARRANTY POLICY
Sena Technologies, Inc. (hereinafter referred to as SENA) warrants that the Product shall conform to
and perform in accordance with published technical specifications and the accompanying written
materials, and shall be free of defects in materials and workmanship, for the period of time herein
indicated, such warranty period commencing upon receipt of the Product.
This warranty is limited to the repair and/or replacement, at SENA’s discretion, of defective or non-
conforming Product, and SENA shall not be responsible for the failure of the Product to perform
specified functions, or any other non- conformance caused by or attributable to: (a) any misapplication
or misuse of the Product; (b) failure of Customer to adhere to any of SENA’s specifications or
instructions; (c) neglect of, abuse of, or accident to, the Product; or (d) any associated or
complementary equipment or software not furnished by SENA.
Limited warranty service may be obtained by delivering the Product to SENA or to the international
distributor it was purchased through and providing proof of purchase or receipt date. Customer agrees
to insure the Product or assume the risk of loss or damage in transit, to prepay shipping charges to
SENA, and to use the original shipping container or equivalent.
D.2 LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SENA MAKES NO WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT, PARTS OR SERVICES
PROVIDED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER
SENA NOR ITS DEALER SHALL BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS
RESULTING FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF FURNISHING
OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR THE PERFORMANCE, USE OR
INABILITY TO USE THE SAME, EVEN IF SENA OR ITS DEALER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SENA OR ITS DEALERS TOTAL LIABILITY
EXCEED THE PRICE PAID FOR THE PRODUCT.