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JUST SPEAK S
JUST SPEAK S
By way of purchasing this Device and not returning it for a full refund (see
below), you are irrevocably releasing, indemnifying from any liability, loss,
claim and expense (including attorney’s fees) and holding Caberg harmless
for any bodily injuries, harm or death as well as losses or damages in goods,
to any Vehicles including your own, or to any property or asset that belong to
you or to third parties, any of which may result from using the Device under
any circumstances or conditions and irrespective of jurisdiction. Caberg
will not be responsible for any physical damages, irrespective of reasons,
conditions or circumstances, including malfunctioning of the Device, and all
risks associated with operating it rest solely and entirely with the user of this
Device, irrespective of whether the Device is used by the original purchaser
or any third party.
Caberg hereby notifies you that using this Device may also be in
contravention to local, federal, state or national laws or regulations, and
that any use of the Device is entirely at your sole risk and responsibility.
1. You, your heirs, legal representatives, successors or assigns, hereby
voluntarily and forever release, discharge, indemnify and hold harmless
Caberg from any and all litigation, claims, debts, demands, actions and
liability which may arise, directly or indirectly, from using the Device for
any distress, pain, suffering, discomfort, loss, injury, death, damages
to or in respect to any person or property however caused, WHETHER
ARISING FROM THE NEGLIGENCE OR OTHERWISE, and which may
hereafter accrue to you on some future date as a result of said use, to
the fullest extent permitted by law.
2. You fully understand and assume the risks in using the Device, including
risk of negligent acts or omissions by others.
3. You confirm that you are physically capable to use the Device and that
you have no medical conditions or needs that may infringe upon your
abilities to do so in a safe manner. You confirm that you are at least
eighteen (18) years of age and that you have been advised of the risks
associated with the use of the Device. You further confirm that you will
not consume any alcohol that may affect your alertness or any mind-
altering substance, and will not carry, use or consume these substances
before or during the use of the Device.
4. You fully acknowledge our warnings and understand that: (a) risks and
dangers exist in using the Device while in traffic, including but not limited
to injury or illness, strains, fractures, partial and/or total paralysis, death
or other ailments that could cause serious disability; (b) these risks
and dangers may be caused by the negligence of the manufacturers
or its agents or any third party involved in designing or manufacturing
the Device; (c) these risks and dangers may arise from foreseeable or
unforeseeable causes. You hereby assume all risks and dangers and all
responsibility for any losses and/or damages, whether caused in whole
or in part by the negligence or other conduct of others, including the
Company.
5. You confirm that you have read this release of liability and fully understand
its terms and that you have given up substantial rights by not returning
the Device for a full refund (see refund option below).
Two-year Limited Warranty
Caberg S.p.A. (“Caberg”) warrants that this product (“Product”) shall conform
to and perform in accordance with published technical specifications and
the accompanying written materials, and shall be free of defects in materials
and workmanship, for a period of two (2) year from the date of purchase by
the first consumer purchaser of the Product. The limited warranty extends
only to the original consumer purchaser of the Product and is not assignable
or transferable to any subsequent purchaser/end-user.
This warranty is limited to the repair and/or replacement, at Caberg’s
discretion, of defective or non-conforming Product, and Caberg shall not
be responsible for the failure of the Product to perform specified functions,
or any other non-conformance caused by or attributable to: (a) any
misapplication or misuse of the Product; (b) failure of Customer to adhere
to any of Caberg’s specifications or instructions; (c) neglect of, abuse
of, or accident to, the Product; or (d) any associated or complementary
equipment or software not furnished by Caberg.
Limited warranty service may be obtained by delivering the Product to
Caberg or to the international distributor it was purchased through and
providing proof of purchase or receipt date. Customer agrees to insure the
Product or assume the risk of loss or damage in transit, to prepay shipping
charges to Caberg, and to use the original shipping container or equivalent.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, CABERG MAKES NO
WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT
TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT
TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NEITHER CABERG NOR ITS DEALER SHALL
BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT
LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING
FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF
FURNISHING OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR
THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF
CABERG OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL CABERG OR ITS DEALERS TOTAL
LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.
Return for Full Refund
IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE
CONDITIONS, YOU MAY RETURN THIS DEVICE TO CABERG FOR A FULL
