Sensaphone 800 User Manual

Page 12

Sensaphone

Model 800 User’s Manual

OF THE WARRANTORS’ SYSTEM 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 MERCHANTABILITY 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 insur-

ance 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, fur-

ther 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.