Sensaphone 400 User Manual

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SENSAPHONE 400 User’s Manual

RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL,

SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT

NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE,

BUSINESS INTERRUPTION LOSSES, LOST PROFITS, LOSS OF BUSINESS,

LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF

ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT,

BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY

WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED

IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR

REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE

REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL

COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS

BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL,

CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND,

INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS

INTERRUPTION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS

OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF

ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT,

BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY

WARRANTORS’ NEGLIGENCE.

WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF

A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO

BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES,

NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR

DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY

SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR

WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS

GREATER. YOU HEREBY RELEASE WARRANTORS FROM ANY AND ALL

OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY,

DEFEND AND HOLD HARMLESS WARRANTORS, THEIR OWNERS,

DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR

AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS

OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES

OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE

DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,

AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY

RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY

TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE

FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT

OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’

NEGLIGENCE.

YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT

TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS,

EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR

ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY CLAIM,

DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES