54
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
SecurityPhone.book 54 ページ 2004年7月21日 水曜日 午後6時58分