Sensaphone® Model 1108 User’s Manual
repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser.
LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACE- MENT 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 WAR- RANTIES 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 RESPON- SIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUP- TION 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 CON- TRACT, 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 MIS- TAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SER- VICES, 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, LIA- BILITIES 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, SUPPLI- ERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS, DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES,
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