Appendix e. warranty, E.1 general warranty policy, E.2 limitation of liability – SENA Rhio10 User Manual

Page 97

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Appendix E. Warranty

E.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.

E.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

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