Appendix d: warranty, D.1 general warranty policy, D.2 limitation of liability – SENA LS110 User Manual

Page 65

Advertising
background image

65

Appendix D: Warranty

D.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.

D.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.

Advertising