10 warranty, 1 general warranty policy, 2 limitation of liability – SENA ProBee-ZS10 User Manual

Page 72: Warranty

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ProBee-ZS10 User Guide Rev.1.5

10 Warranty

10.1 GENERAL WARRANTY POLICY

Sena Technologies, Inc. (hereinafter referred to as SENA) warrants that the Product shall conform to and
perform in accordance with published technical specifications and the accompanying written materials,
and shall be free of defects in materials and workmanship, for the period of time herein indicated, such
warranty period commencing upon receipt of the Product.

This warranty is limited to the repair and/or replacement, at SENA’s discretion, of defective or non-
conforming Product, and SENA shall not be responsible for the failure of the Product to perform specified
functions, or any other non- conformance caused by or attributable to: (a) any misapplication or misuse of
the Product; (b) failure of Customer to adhere to any of SENA’s specifications or instructions; (c) neglect
of, abuse of, or accident to, the Product; or (d) any associated or complementary equipment or software
not furnished by SENA.

Limited warranty service may be obtained by delivering the Product to SENA or to the international
distributor it was purchased through and providing proof of purchase or receipt date. Customer agrees to
insure the Product or assume the risk of loss or damage in transit, to prepay shipping charges to SENA,
and to use the original shipping container or equivalent.

10.2 LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY PROVIDED HEREIN, SENA MAKES NO WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER SENA NOR ITS
DEALER SHALL BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER IN AN
ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS,
BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM, OR
ARISING OUT OF, OR IN CONNECTION WITH THE USE OF FURNISHING OF EQUIPMENT, PARTS
OR SERVICES HEREUNDER OR THE PERFORMANCE, USE OR INABILITY TO USE THE SAME,
EVEN IF SENA OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL SENA OR ITS DEALERS TOTAL LIABILITY EXCEED THE PRICE PAID FOR THE
PRODUCT.


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