Sensaphone CELL682 User Manual

Page 9

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.

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.

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 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.

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