Sensaphone 1800 - Manual (Page 13)

Chapter
xi
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 conform to this warranty, the Product
should be shipped or delivered freight prepaid to a Warrantor with evidence
of original purchase.