Sensaphone 400 - Manual (Page 11)

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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 busi-
ness or guaranteeing that there will not be damage to your person or property
or business if you use this Product. You should maintain insurance 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, further subject to the limitations expressed
in any License Agreement or other Agreement provided by Warrantors to pur-
chaser.
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.
5. LEGAL REMEDIES AND DISCLAIMER: Some jurisdictions may not allow,
or may place limits upon, the exclusion and/or limitation of implied warranties,
incidental damages and/or consequential damages for some types of goods or
products sold to consumers and/or the use of indemnification terms. Thus, the
exclusions, indemnification terms and limitations set out above may not apply,
or may be limited in their application, to you. If the implied warranties can not be
excluded, and the applicable law permits limiting the duration of implied warran-
ties, then the implied warranties herein are to be limited to the same duration as
the applicable written warranty or warranties herein. The warranty or warranties