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Copyright Vital Home Systems, LLC
© 2015 Vital Home Systems
PURPOSE OR INTENDED USE ARISING OUT OF OR IN
CONNECTION WITH PERFORMANCE OF THIS AGREEMENT.
IN NO EVENT SHALL VHS BE LIABLE FOR ANY DAMAGES
CAUSED BY DELAY IN RENDERING SUPPORT SERVICES. IN
NO EVENT SHALL VHS BE LIABLE FOR ANY PERSONAL OR
COMMERCIAL LOSSES, LOSS OF PROFITS OR REVENUES,
OR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR
PUNITIVE DAMAGE WHATSOEVER RESULTING FROM ANY
BREACH ON THE PART OF VHS OR FROM THE PRODUCTS
DELIVERED OR SERVICES PERFORMED, WHETHER IN
CONTRACT OR TORT, WHETHER OR NOT CAUSED BY A
DEFECTIVE PRODUCT, NEGLIGENCE ARISING FROM
CUSTOMER’S INABILITY TO USE THE PRODUCT EITHER
SEPARATELY OR IN COMBINATION WITH ANY OTHER
PRODUCT OR FROM ANY OTHER CAUSE, EVEN IF VHS HAS
BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY
OF SUCH DAMAGES.
THE SOLE AND EXCLUSIVE LIABILITY OF VHS FOR ANY
CLAIM HEREUNDER SHALL BE LIMITED TO THE REPAIR OF
DEFECTIVE PRODUCT AND SHALL NOT, IN ANY EVENT,
EXCEED THE PRICE PAID TO VHS FOR THE PARTICULAR
PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE
CLAIM, REGARDLESS OF THE FORM OF ANY SUCH CLAIM.
All Products should only be installed indoors within the
specifications on the product specification sheets.
Failure to properly install the Product shall void this
Limited Warranty.
EXCLUSIONS
The warranties set forth above are exclusive and in lieu of
all other warranties. VHS makes no other warranties,
express or implied, and VHS expressly disclaims all other
warranties, including, but not limited to: implied
warranties of merchantability, fitness for a particular
purpose, non- interference, non-infringement, and/or
satisfactory quality. These other warranties are hereby
excluded to the extent allowed by applicable law and are
expressly disclaimed by VHS, its suppliers and licensors.
The provisions set forth state VHS’s entire responsibility
and Customer’s sole and exclusive remedy with respect to
any breach of any warranty or contract.
INFRINGEMENT INDEMNITY
Subject to the restriction in this Limited Warranty, VHS
SHALL NOT assume responsibility for any suit or
proceeding brought against Customer, insofar as it is
based on a claim that a Product, or any part thereof,
furnished by VHS, infringes upon any United States
trademark, patent, or intellectual property rights;
provided, however, that VHS shall have been given timely
notice in writing of the assertion of any such claim and of
the threat or institution of any such suit or proceeding,
and all authority, information, and reasonable assistance
required for the defense of same. The determination to
assume any responsibility or indemnify any Customer or
third party pursuant to this section is in the sole and
absolute discretion of VHS.
GOVERNING LAW
Any action, regardless of form, arising out of the
Agreement between VHS and Customer is governed by
the laws of the State of California. Any action or
proceeding brought by any party against any other party
arising out of or related to this Limited Warranty shall be
brought exclusively in San Diego County.
TRANSFER OF OWNERSHIP
Transfer of Product ownership or software rights from the
original VHS purchaser, excluding distributors and
resellers, or from the original VHS licensee will void all
existing VHS warranties of any kind.
CONTACT
Vital Home Systems is a registered trademark of VHS.
Information published here is current as of the date of
publication.
You may verify information by contacting us at:
Vital Home Systems
Phone: 847-609-9000
Email: [email protected]
www.vitalhomesystems.com
