SecurityPhone.book 54 ページ ２００４年７月２１日 水曜日 午後６時５８分
THE PARTIES DO NOT MAKE ANY CLAIMS OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE PRODUCT’S POTENTIAL, ABILITY OR EFFECTIVENESS TO DETECT, MINIMIZE, OR IN ANYWAY PREVENT DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF ANY KIND WHATSOEVER. THE PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, PERSONAL INJURY, DAMAGE OR LOSS OR THEFT RELATED TO THE PRODUCT OR ITS USE OR FOR ANY HARM, WHETHER PHYSICAL OR MENTAL RELATED THERETO. THE PARTIES DO NOT REPRESENT THAT THE PRODUCT MAY NOT BE COMPROMISED AND OR CIRCUMVENTED, OR THAT THE PRODUCT WILL PREVENT DEATH, PERSONAL INJURY AND /OR BODILY INJURY, AND/OR DAMAGE TO PROPERTY OF PURCHASER OR OTHERS RESULTING FROM BURGLARY, ROBBERY, FIRE OR OTHERWISE, OR THAT THE PRODUCT WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. PURCHASER UNDERSTANDS THAT A PROPERLY INSTALLED AND MAINTAINED PRODUCT MAY ONLY REDUCE THE RISK OF EVENTS SUCH AS BURGLARY, ROBBERY, FIRE OR SIMILAR EVENTS WITHOUT WARNING, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR OR THAT THERE WILL BE NO DEATH, PERSONAL INJURY AND/OR PROPERTY DAMAGE AS A RESULT. THE PARTIES SHALL NOT BE LIABLE FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR LOSS OF ANY KIND WHATSOEVER TO PURCHASER OR OTHERS, WHETHER DIRECTLY, INDIRECTLY, INCIDENTALLY, CONSEQUENTIALLY OR OTHERWISE, CAUSED BY THE OPERATION, NONOPERATION, FUNCTIONING, MALFUNCTIONING OR MISUSE OF THE PRODUCT ALONE OR IN CONNECTION WITH PRODUCTS, ACCESSORIES, OR ATTACHMENTS OF OTHERS, INCLUDING BATTERIES, USED IN CONJUNCTION WITH THE PRODUCT, OR ARISING OUT OF THE PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILTY, FAILURE TO COMPLY WITH ANY LAW OR OTHER FAULT. HOWEVER, IF THE PARTIES ARE HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY FOR ANY SUCH DEATH, PERSONAL INJURY, PROPERTY DAMGE OR LOSS OF ANY KIND WHATSOEVER ARISING UNDER THIS LIMITED WARRANTY OR OTHERWISE, REGARDLESS OF THE CAUSE OR ORIGIN, THE PURCHASER AGREES THAT THE PARTIES’ MAXIMUM LIABILITY SHALL NOT IN ANY CASE EXCEED THE PURCHASE PRICE OF THE PRODUCT, WHICH SHALL BE FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY OF THE PURCHASER AGAINST THE PARTIES. PURCHASER AGREES TO BE SOLELY RESPONSIBLE FOR AND TO INDEMNIFY AND HOLD THE PARTIES COMPLETELY HARMLESS FROM ALL LAWSUITS, CLAIMS, EXPENSES, COSTS AND ATTORNEYS’ FEES ARISING OUT OF THE PRODUCT EVEN IF DUE TO THE PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, FAILURE TO COMPLY WITH ANY LAW OR ANY OTHER FAULT. PURCHASER AGREES TO FILE ANY LAWSUIT OR OTHER ACTION AGAINST THE PARTIES WITHIN ONE (1) YEAR FROM THE DATE OF THE EVENT THAT CAUSED THE LOSS, DAMAGE OR LIABILITY.
PURCHASER FURTHER AGREES THAT THE LIABILITY OF ANY BUSINESS OR COMPANY PROVIDING THE INSTALLATION AND/OR MONITORING OF THE HOME ALARM SECURITY SYSTEM, OR ANY PART THEREOF, WITH THE PRODUCT IS LIMITED IN ACCORDANCE WITH THE PROVISIONS OF THIS PRODUCT LIMITED WARRANTY AND SUCH BUSINESS OR COMPANY MAY INVOKE ALL OF THE PARTIES’ RIGHTS, LIMITATIONS AND DISCLAIMERS HEREUNDER.
THIS LIMITED WARRANTY APPLIES TO THE PRODUCT ONLY, GIVES THE PURCHASER SPECIFIC RIGHTS AND SHALL NOT BE MODIFIED, VARIED OR EXTENDED. SOMES STATES DO NOT ALLOW LIMITATION OF SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OF SAME MAY NOT APPLY TO PURCHASER. THE PURCHASER MAY HAVE OTHER
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