Sensaphone 400 User Manual

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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, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS

TERMS OF THIS LIMITED WARRANTY.

EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES

DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR

WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES

ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF

MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A

PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR

PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY

WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE

PRACTICE.

It must be clear that the Warrantors are not insuring your premises or busi-

ness or guaranteeing that there will not be damage to your person or property

or business if you use this Product. You should maintain insurance coverage

sufficient to provide compensation for any loss, damage, or expense that may

arise in connection with the use of products or services, even if caused by

Warrantors’ negligence. The warrantors assume no liability for installation of the

Product and/or interruptions of the service due to strikes, riots, floods, fire, and/

or any cause beyond Seller’s control, further subject to the limitations expressed

in any License Agreement or other Agreement provided by Warrantors to pur-

chaser.

The agreement between the Warrantors and the Purchaser, including but

not limited to the terms and conditions herein shall not be governed by the

Convention for the International Sale of Goods. Where applicable, the Uniform

Commercial Code as adopted by the State of Delaware shall apply.

4. PROCEDURE FOR OBTAINING PERFORMANCE OF WARRANTY: In the

event that the Product does not conform to this warranty, the Product should

be shipped or delivered freight prepaid to a Warrantor with evidence of original

purchase.

5. LEGAL REMEDIES AND DISCLAIMER: Some jurisdictions may not allow,

or may place limits upon, the exclusion and/or limitation of implied warranties,

incidental damages and/or consequential damages for some types of goods or

products sold to consumers and/or the use of indemnification terms. Thus, the

exclusions, indemnification terms and limitations set out above may not apply,

or may be limited in their application, to you. If the implied warranties can not be

excluded, and the applicable law permits limiting the duration of implied warran-

ties, then the implied warranties herein are to be limited to the same duration as

the applicable written warranty or warranties herein. The warranty or warranties