Sensaphone 400 - Manual (Page 10)

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SENSAPHONE 400 User’s Manual
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 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