repairs;(6) used in a manner or pur pose 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,
Sensaphone®Model 1108 User’s Manualx