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Sensaphone 2800 User Manual

Page 12

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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 INTERRUPTION 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 INTERRUPTION
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 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

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Sensaphone 2800 Manual