Sensaphone Express II - Manual (Page 5)

1 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 INSTALLATION 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: One-Year Warranty — In the
event that the Product does not conform to this warranty at any time during the time of one year from original pur-
chase, 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 per-
sonnel 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, 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. 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 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
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
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