Secure Care KinderGUARD ID, Installation Manual, Page: 72 / 96

Doc. No.: A05280692 Rev. AE ECO: 13200 Date: 11/04/2019
72
NOTE: Transmitters are not repaired, nor is the warranty extended, beyond the expiration date.
If this Product is returned to Secure Care for any reason, you will retain title (unless and until a part or product is replaced,
in which case you will obtain title to the replacement part or product at the time of replacement), the risk of loss, and the
obligation to pay all costs of shipping, storage and other charges and obligations relating to this Product.
C. Except as stated in this section 2, Secure Care disclaims all warranties, express or implied, with respect to the
whole or any part of this product, including, without limitation, all implied warranties of merchantability, fitness for a
particular purpose, title and/or non-infringement. Secure Care also disclaims all obligations that might otherwise arise or
be implied from a course of dealing or usage in trade.
3. Limitations of Liability
A . Regardless of the form of any claim or action, Secure Care’s total liability to all persons, whether singly or together,
for all occurrences combined, for claims, costs, damages or liabilities based on any cause whatsoever and arising from or
in connection with this product, or the manufacture, distribution, promotion, sale, installation, set-up, testing, support,
maintenance, operation, servicing, use or performance of this product, or from or in connection with any delay or failure
in providing this product, shall not exceed the aggregate price (without interest) paid to Secure Care for this product.
B . In no event shall Secure Care be liable to anyone for any loss of data, loss of profits or loss of use of this product
or any equipment, or for any special, incidental, consequential, exemplary, punitive, multiple, or other damages, arising
from or in connection with the manufacture, distribution, promotion, sale, installation, set-up, testing, support,
maintenance, operation, servicing, use or performance of this product or from or in connection with any delay or failure
in providing or delivering this product.
C. In no event shall Secure Care be liable to anyone for any claims, costs, damages or liabilities caused by: (i) any distributor’s
failure to perform its obligations and responsibilities under a distributor agreement with Secure Care; (ii) improper or defective
promotion, distribution, sale, installation, set-up, testing, support, maintenance or repair of this product, including work performed,
without Secure Care’s prior written consent in its absolute discretion, by a person who has not satisfactorily completed Secure
Care technical training, or in a manner not consistent with Secure Care technical training; (iii) improper or defective operation or
use of this product by a person who has not successfully completed Secure Care in-service training, or in a manner not consistent
with Secure Care in-service training; (iv) supply of this product by a distributor for use in, or the use of this product in, any system
or configuration not designed to Secure Care standards or in which a distributor or any third party has substituted materials and/or
goods not specified by Secure Care; or (v) deterioration of this product during storage. This liability extends to voiding the
product/system warranty and agency certifications. You will assume all liability for any deviations from the above.
D . You agree to indemnify and hold Secure Care harmless from all claims, costs, damages and liabilities asserted by
anyone for any damages that are excluded and waived, or are intended to be excluded and waived, by this section 3, or
which are imposed by law on behalf of anyone but which are not expressly stated in this general product warranty
statement.
E. The exclusions, waivers and limitations on claims, costs, damages and liabilities and any rights of indemnification
set forth in this Section 3 shall be enforceable to the maximum extent allowed by law and shall not be expanded or negated
in any respect by Secure Care’s operation of a “help line” to receive and respond to telephone or dial-in inquires about
this product, by any communications through that “help line” or by any actions taken by anyone following
communications with Secure Care over such “help line.”
4. Governing Law and Arbitration
A. This General Product Warranty Statement, and all questions arising out of or relating to it, shall be governed by
and construed in accordance with the laws of the State of New Hampshire, without giving effect to the conflict of laws
provisions thereof, and excluding the United Nations Convention on contracts for the international sale of goods, the 1974
convention on the limitation period on the international sale of goods (the “1974 convention”), and the protocol amending
the 1974 convention, done at Vienna April 11, 1980.
B. Any dispute, controversy or claim arising out of or relating to this general product warranty statement shall be
resolved by arbitration. Regardless of the amount in dispute, the arbitration shall be conducted by a single arbitrator
selected by the parties or, if they cannot agree, by a single arbitrator selected in accordance with the commercial arbitration
rules of the American Arbitration Association without regard to the amount in dispute. The arbitration shall be conducted
in English, in accordance with the commercial arbitration rules of the American Arbitration Association, in Concord, New