Warranty
52
COMMON LAW OR OTHERWISE, ALL OF
WHICH ARE HEREBY EXCLUDED
(INCLUDING WITHOUT LIMITATION, THE
IMPLIED CONDITIONS, WARRANTIES OR
OTHER TERMS AS TO SATISFACTORY
QUALITY OR FITNESS FOR PURPOSE).
8. VERTU SHALL NOT BE LIABLE FOR LOSS OR
DAMAGE, WHETHER SPECIAL, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL,
INCLUDING BUT NOT LIMITED TO ANY OF
THE FOLLOWING LOSSES OR DAMAGE
(WHETHER SUCH LOSSES OR DAMAGE
WERE FORESEEN, FORESEEABLE, KNOWN
OR OTHERWISE):
a) LOSS OF ANTICIPATED BENEFITS OR
PROFITS.
b) LOSS OF ACTUAL OR ANTICIPATED
SAVINGS.
c) PUNITIVE DAMAGES.
d) THIRD PARTY CLAIMS.
e) LOSS OF USE OF THE PRODUCT OR ANY
ASSOCIATED EQUIPMENT OR FACILITIES.
f) DOWNTIME OR LOSS OF BUSINESS.
g) LOSS OF OPPORTUNITY.
h) LOSS OF GOODWILL.
i) LOSS OF REPUTATION.
j) LOSS OF OR DAMAGE TO OR
CORRUPTION OF DATA.
9. Vertu does not warrant uninterrupted or error free
internet or data connections.
10. Vertu shall not be liable for any delay in rendering
service under the Limited Warranty, or loss of use
during the period that the Product is being
repaired.
11. Vertu’s total liability in contract, tort (including
negligence or breach of statutory duty),
misrepresentation or otherwise, arising in
connection with the sale of the Product shall be the
price paid by the Client for the Product less a
reasonable amount for usage.
12. The invalidity or unenforceability of any term or any
part of any term of, or any right arising pursuant to,
this Limited Warranty shall not affect the validity or
enforceability of any other terms or rights or the
remainder of any such term or right, which shall
continue in full force and effect except for any such
invalid or unenforceable provision or part thereof.
13. Vertu neither assumes nor authorises any
authorised service centre or any other person or
entity to assume for it any other obligation or liability
beyond that which is expressly provided for in this
Limited Warranty, including the provider or seller of
any extended warranty or service agreement. Any
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