IDP-782 - Hardware Guide
Installer Responsibility
The installer is responsible for all injuries or damages arising out of or relating to any wrongful or negligent
act or omission of the installer (and/or any subcontractors) in connection with the installation of any
SkyWave product, except any such injuries or damages arising solely from a defective SkyWave product.
In addition to the liability imposed upon the installer on the account of personal or property injury or
damage, bodily injury, including death, suffered as a result of the installer’s wrongful or negligent
installation of any SkyWave product, the installer assumes the obligation to defend, indemnify and hold
SkyWave harmless, including its directors, officers, employees, agents and assigns, and to indemnify
SkyWave, including its directors, officers, employees, agents and assigns, from and against every damage,
expense, liability or payment arising out of or relating to such wrongful or negligent act or omission,
including legal and court fees. The installer also agrees to defend, indemnify and hold SkyWave harmless,
including its directors, officers, employees, agents and assigns, from and against any wrongful or negligent
act or omission committed by any subcontractor or other person employed by or under the supervision of
the installer for any purpose in connection with the installation of SkyWave products, and to indemnify
SkyWave, including its directors, officers, employees, agents and assigns, from every damage, expense,
liability or payment arising out of or relating to such wrongful or negligent act or omission, including legal
and court fees. Every right, defence, and/or indemnity of whatsoever nature applicable to SkyWave shall
also be available and shall extend to benefit and to protect the SkyWave’s directors, officers, employees,
agents and assigns and for such purposes SkyWave is or shall be deemed to be acting as agent or trustee
on behalf of and for the benefit of such companies and persons.
Limited Liability
SkyWave’s liability is limited to the cost of repair or replacement of any of SkyWave’s products during the
warranty period. To the maximum extent permitted by applicable law, SkyWave's total liability for damages
of any kind, whether based on breach of contract, tort (including negligence), product liability, incidental,
special, consequential, indirect or similar damages with product application and usages will be limited to
an amount equal to the product's original price paid by the Purchaser to SkyWave and this limitation of
liability is reasonable given the price of SkyWave's products. In no event will SkyWave be liable to the
Purchaser, any resellers of the Purchaser or any end user for any lost profits or savings, lost business, loss
of data, any telecommunications breakdown, unavailability, downtime, interruption or delay, any
suspension of service by any third party service provider including Inmarsat or any incidental, special,
indirect, or consequential damages, whether based on breach of contract, tort (including negligence),
product liability, incidental, special, consequential, indirect or similar damages and whether or not
SkyWave has been advised of the possibility of such occurrence or damage. The parties agree that the
foregoing represents a fair allocation of risk hereunder.
T213, Version 02
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