Magellan eXplorist 510 Quick Start Manual Download

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6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. MAGELLAN SHALL NOT BE

LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR

CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS,

DAMAGES ARISING FROM A DELAY OR LOSS OF USE, OR OUT OF THE BREACH OF THIS

WARRANTY OR ANY IMPLIED WARRANTY EVEN IF CAUSED BY THE NEGLIGENCE OR ANOTHER

FAULT OF MAGELLAN OR OUT OF THE NEGLIGENT USAGE OF THE PRODUCT. IN NO EVENT WILL

MAGELLAN BE HELD RESPONSIBLE FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some national, state, or local laws do not allow the exclusion or limitation of incidental or consequential

damages, so the above limitation or exclusion may not apply to you.
This provision shall not affect purchaser's statutory rights under applicable laws in force in purchaser's

locality. PURCHASER MAY HAVE OTHER RIGHTS WHICH VARY FROM LOCALITY TO LOCALITY.

7. COMPLETE AGREEMENT.

This written warranty is the complete, final and exclusive agreement between

Magellan and the purchaser with respect to the quality of performance of the goods and any and all

warranties and representations.

THIS WARRANTY SETS FORTH ALL OF MAGELLAN'S RESPONSIBILITIES REGARDING THIS

PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS

WHICH VARY FROM LOCALITY TO LOCALITY (including Directive 1999/44/EC in the EC Member

States) AND CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY TO YOU.
8. CHOICE OF LAW.

To the extent permitted by applicable law, this limited warranty is governed by the laws

of California, without reference to its conflict of law provisions or the U.N. Convention on Contracts for the

International Sale of Goods, and shall benefit Magellan, its successors and assigns.
This warranty does not affect the consumer's statutory rights under applicable laws in force in their locality, or

the customer's rights against the dealer or reseller arising from their sales/purchase contract.

Statutory warranty rights in France

Notwithstanding the guarantee thus granted, the seller shall remain bound by the contract in regard to any

lack of conformity of the product and any latent defect, as provided for in Articles 1641 to 1649 of the Civil

Code.
Article L. 211-4 of the Consumer Code provides that the seller shall deliver a product which conforms to the

contract and shall warrant the consumer in the event of non conformity upon delivery. The seller is also liable

for any non conformity which may result from the packaging, assembly instructions, or from the installation

when he was in charge of the installation under the contract or when the installation was implemented under

his responsibility.
Article L. 211-5 of the Consumer Code provides that, in order to conform to the contract, the product shall:
1° Fit for the use usually expected from a similar product and, if any:

- correspond to the description given by the seller and have the same characteristics as those presented by

the seller to the purchaser under samples or models;
- have the characteristics that a purchaser may legitimately expect in the light of public statements made by

the seller, by the producer or his representative and in particular in advertising or on labeling;

2° Or, have the characteristics defined by the common agreement of the parties or fit for a particular use

sought by the purchaser, communicated to the seller and accepted by the seller.