38
Limited Warranty
39
DataLink V.90 PCMCIA Fax Modem
WARRANTIES EXCLUSIVE
: IF AN
ACTION
TEC ELECTRONICS’ PRODUCT DOES
NOT OPERATE AS WARRANTED ABOVE, CUSTOMER’S SOLE REMEDY FOR BREACH
OF THAT WARRANTY SHALL BE REPAIR, REPLACEMENT, OR REFUND OF THE
PURCHASE PRICE PAID, AT
ACTION
TEC ELECTRONICS’ OPTION. TO THE FULL
EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY
OR OTHERWISE, INCLUDING WARRANTIES, TERMS OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY
QUALITY, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT,
ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
ACTION
TEC ELECTRONICS
NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR
IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION,
MAINTENANCE OR USE OF ITS PRODUCTS.
ACTION
TEC ELECTRONICS SHALL NOT BE LIABLE UNDER THIS WARRANTY
IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT
OR MALFUNCTION IN THE PRODUCT DOES NOT EXIST OR WAS CAUSED
BY CUSTOMER’S OR ANY THIRD PERSON’S MISUSE, NEGLECT, IMPROPER
INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPT TO OPEN, REPAIR OR
MODIFY THE PRODUCT, OR ANY OTHER CAUSE BEYOND THE RANGE OF THE
INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS, OR ACTS
OF GOD.
LIMITATION OF LIABILITY
: TO THE FULL EXTENT ALLOWED BY LAW,
ACTION
TEC
ELECTRONICS ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY,
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS,
LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT
OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE,
USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCT, EVEN IF
ACTION
TEC ELECTRONICS OR ITS AUTHORIZED RESELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND LIMITS ITS LIABILITY TO REPAIR,
REPLACEMENT,OR REFUND OF THE PURCHASE PRICE PAID, AT
ACTION
TEC
ELECTRONICS’ OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL
NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL OF ITS
ESSENTIAL PURPOSE.
