Sensaphone IMS-4000 Users manual - Manual (Page 11)

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3 year LImIteD Warranty
PLEASE READ THIS WARRANTY CAREFULLY BEFORE USING THE PRODUCT.
THIS LIMITED WARRANTY CONTAINS SENSAPHONE’S STANDARD TERMS AND CONDITIONS. WHERE PERMITTED
BY THE APPLICABLE LAW, BY KEEPING YOUR SENSAPHONE PRODUCT BEYOND THIRTY (30) DAYS AFTER THE DATE
OF DELIVERY, YOU FULLY ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS LIMITED WARRANTY.
IN ADDITION, WHERE PERMITTED BY THE APPLICABLE LAW, YOUR INSTALLATION AND/OR USE OF THE PRODUCT
CONSTITUTES FULL ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY (HEREINAFTER
REFERRED TO AS "LIMITED WARRANTY OR WARRANTY"). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS WARRANTY, INCLUDING ANY LIMITATIONS OF WARRANTY, INDEMNIFICATION TERMS OR LIMITATION OF
LIABILITY, THEN YOU SHOULD NOT USE THE PRODUCT AND SHOULD RETURN IT TO THE SELLER FOR A REFUND
OF THE PURCHASE PRICE. THE LAW MAY VARY BY JURISDICTION AS TO THE APPLICABILITY OF YOUR INSTALLA-
TION OR USE ACTUALLY CONSTITUTING ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN AND AS TO THE
APPLICABILITY OF ANY LIMITATION OF WARRANTY, INDEMNIFICATION TERMS OR LIMITATIONS OF LIABILITY.
1. WARRANTOR: In this Warranty, Warrantor shall mean "Dealer, Distributor, and/or Manufacturer."
2. ELEMENTS OF WARRANTY: This Product is warranted to be free from defects in materials and craftsmanship
with only the limitations and exclusions set out below.
3. WARRANTY AND REMEDY: Three-Year Warranty — In the event that the Product does not conform to this war-
ranty at any time during the time of three years from original purchase, warrantor will repair the defect and return it
to you at no charge.
This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause
such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly
installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or
someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for
which the product was not intended; or (7) sold by original purchaser.
LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE
WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT,
AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. 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 LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSI-
NESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINAN-
CIAL 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 INAP-
PLICABLE, 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 IN-
CIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO ANY LOST REVENUE, BUSINESS INTERRUTPION 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 WARRAN-
TORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMIS-
SIONS, 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, LI-
ABILITIES 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 COMPA-
NIES, 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 IN-
STALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE