Sensaphone 800 User Manual

Page 11

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 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