ComCenter II User Guide v1.3
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© 2022 Blue Sky Network, All Rights Reserved
PRODUCT WARRANTY
PLEASE READ -- THIS DOCUMENT CONTAINS IMPORTANT NOTICES, WARRANTY
INFORMATION, AND LIMITATIONS ON YOUR RIGHTS.
Upon the signed verification of the attached Quotation (see Equipment Purchase & Service
Agreement Terms & Conditions) by the Customer (“
Customer
”), the Quotation and these Terms and
Conditions shall constitute a binding contract (“
Contract
”) between Customer and Blue Sky Network,
LLC, a Delaware limited liability company (“
Blue Sky
”) for the
purchase of the products and services
described in the Quotation.
Product Terms and Conditions
Blue Sky Network, LLC (“Blue Sky”) warrants that the Products it manufactured shall be free from
defects in materials and workmanship. This warranty (i) shall apply to Customer (as named in the
Quotation) only and no other and (ii) shall not apply to any Product which is not stored, handled,
installed, or used in strict accordance with Blue Sky’s specifications and instruction manuals, or
which is altere
d without Blue Sky’s express consent, or which has been subject to misuse,
negligence, or accident.
Blue Sky’s sole obligation shall be to replace or repair defective Products covered by this warranty
provided that Customer returns such defective Product within two (2) years of the date of the
Quotation. Customer hereby agrees that the replacement or repair of defective Products shall be
Customer’s sole remedy in the event of a breach of warranty and shall be in lieu of any other
remedy. Except as provided above with respect to Products only,
Blue Sky makes no warranties
relating to the Products (see section on Warranty Disclaimer/Limitation of Liability).
Warranty Disclaimer/Limitation of Liability
EXCEPT AS EXPRESSLY SET FORTH HEREIN WITH RESPECT TO THE BLUE SKY PRODUCTS, NO
WARRANTIES APPLY (AND BLUE SKY SPECIFICALLY DISCLAIMS ALL WARRANTIES), WHETHER
EXPRESS, IMPLIED OR ARISING BY OPERATION OF LAW (INCLUDING, WITHOUT LIMITATION, THE
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). IN NO EVENT,
WHETHER DUE TO BREACH OF WARRANTY HEREUNDER OR ANY OTHER CAUSE WHATSOEVER,
SHALL BLUE SKY BE LIABLE FOR OR OBLIGATED IN ANY MANNER TO PAY CONSEQUENTIAL,
INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, COST OF
SUBSTITUTE PRODUCTS AND PERSONAL INJURY OR PROPERTY DAMAGE, WHETHER SUCH CLAIM IS
BASED ON CONTRACT OR TORT OR ANY OTHER THEORY OF LAW.
Blue Sky’s only duties in connection with the sale of the Products shall be to honor the limited
warranty for the Products as set forth herein. To the extent assignable, any manufacturer warranty
for Products other than the Products shall be assigned by Blue Sky and passed through to the
Customer. Blue Sky’s sole liability, if any, for loss or damage arising out of mistakes, omis
sions,
interruptions, errors, or any other causes relating to the services, INCLUDING THE NEGLIGENCE OF
BLUE SKY, shall be limited to the credit for service interruption for each separate period of
interruption as described in the section on Availability of Service.
