Sensaphone 800 - Manual (Page 11)

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LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER
OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION
UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT
OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR
OR REPLACEMENT. 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 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