Sensaphone IMS-1000 Users manual User Manual

Page 10

IMS-1000 Manual

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 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 MERCHANTIBILITY 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 business 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 purchaser.

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 con-

form 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 exclu-

sion 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 warranties, 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 herein may give you specific legal rights that will depend upon the applicable

law. You may also have other legal rights depending upon the law in your jurisdiction.

6. CHOICE OF FORUM AND CHOICE OF LAW: In the event that a dispute arises out of or in connection with

this Limited Warranty, then any claims or suits of any kind concerning such disputes shall only and exclusively be

brought in either the Court of Common Pleas of Delaware County, Pennsylvania or the United States District Court

for the Eastern District of Pennsylvania.

Regardless of the place of contracting or performance, this Limited Warranty and all questions relating to its validity,

interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of

the State of Delaware, without regard to the principles of conflicts of law.

Effective date 05/01/2004

PHONETICS, INC. d.b.a. SENSAPHONE

901 Tryens Road

Aston, PA 19014

Phone: 610.558.2700 Fax: 610.558.0222