26
WARRANTY INFORMATION
Ruskinn Technology Limited warrants for the applicable time period that the PhO
2
xBox will
substantially perform in accordance with the user documentation. The terms of this Agreement do
not affect or prejudice the statutory rights of a consumer acquiring the Ruskinn Technology Limited
PhO
2
xBox otherwise than in the normal course of a business.
THIS WARRANTY DOES NOT APPLY IN THE FOLLOWING CIRCUMSTANCES:
(A) IF THE Ruskinn Technology Limited PhO
2
xBox HAS BEEN REPAIRED BY PERSONS NOT AUTHORIZED
BY Ruskinn Technology Limited; OR
(B) THE Ruskinn Technology Limited PhO
2
xBox and associated accessories/peripherals HAVE BEEN
ALTERED, MODIFIED, OR MISUSED; OR
(C) THE Ruskinn Technology Limited PhO
2
xBox IS USED WITH NON- Ruskinn Technology Limited
COMPONENTS; OR
(D) THE Ruskinn Technology Limited PhO
2
xBox OR A COMPONENT IS USED FOR OTHER USES (FOR
EXAMPLE USE WITH OTHER CIRCUIT BOARDS OR SOFTWARE) OR
(E) THE Ruskinn Technology Limited PhO
2
xBox HAS NOT BEEN MAINTAINED OR USED IN ACCORDANCE
WITH THE INSTALLATION AND USER GUIDE. UNLESS PROHIBITED BY LAW, THIS WARRANTY IS MADE
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, THE IMPLIED WARRANTY OF
MERCHANTABILITY, OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF
PERFORMANCE, CUSTOM OR USAGE OF TRADE. Ruskinn Technology Limited DOES NOT WARRANT
THAT THE Ruskinn Technology Limited PhO2xBox WILL FUNCTION ERROR FREE.
If within the Warranty Period, the Ruskinn Technology Limited PhO
2
xBox does not conform to the
express warranty set forth above, Ruskinn Technology Limited's sole obligation and Users sole remedy
shall be, at Ruskinn Technology Limited's option: 1. to repair or replace the non-conforming
component; or, 2. refund the purchase price.
LIMITATION OF LIABLITY.
UNLESS PROHIBITED BY LAW, Ruskinn Technology Limited WILL NOT BE LIABLE TO USER OR OTHERS
FOR ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING,
FOR EXAMPLE, LOST PROFITS, BUSINESS, INVESTMENTS, OR OPPORTUNITIES EVEN IF Ruskinn
Technology Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The parties agree that Ruskinn Technology Limited total cumulative liability to User for direct damages
for all causes under this Agreement shall not exceed £5,000,000 (FIVE MILLION UK STERLING
POUNDS), or the price paid for the Ruskinn Technology Limited PhO
2
xBox whichever is higher. Some
states or countries may have laws which require liability rights different from those stated above. In
such states or countries, the minimum required liability terms shall apply.
