W Box 0E-A100, Manual

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2. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE,
WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. TO THE
FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ADI BE LIABLE TO
ANYONE FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO
THE PRODUCT AND, OR FOR BREACH OF THIS OR ANY OTHER WARRANTY
OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF
LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ADI’S
OWN NEGLIGENCE OR FAULT AND EVEN IF ADI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSSES OR DAMAGES. Any product description (whether in
writing or made orally by ADI or ADI’s agents), specifications, samples, models, bulletin,
drawings, diagrams, engineering sheets, or similar materials used in connection with
the Buyer’s order are for the sole purpose of identifying ADI’s products and shall not be
construed as an express warranty or condition. Any suggestions by ADI or ADI’s agents
regarding use, applications or suitability of the products shall not be construed as an
express warranty or condition unless confirmed to be such in writing by ADI. ADI does
not represent that the products it sells may not be compromised or circumvented; that
the products will prevent any personal injury or property loss by burglary, robbery, fire or
otherwise, or that the products will in all cases provide adequate warning or protection.
Buyer understands and will cause its customer to understand that a properly installed
and maintained product is not insurance or guarantee that such will not cause or lead
to personal injury or property loss. CONSEQUENTLY ADI SHALL HAVE NO LIABILITY
FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON
ANY CLAIM AT ALL INCLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE
WARNING. However, if ADI is held liable whether directly or indirectly for any loss or
damage with respect to the products it sells, regardless of cause or origin, its maximum
liability shall not in any case exceed the purchase price of the product, which shall
be fixed as liquidated damages and not as a penalty and shall be the complete and
exclusive remedy against ADI.
3. Limitation on Liability to Buyer’s Customers.
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer
acknowledges that ADI shall only be deemed to give consumers of its products such
statutory warranties as may be required by law and at no time shall Buyer represent to
its customers and/or users of ADI products that ADI provides any additional warranties.
By accepting the products, to the fullest extent permitted by law, Buyer assumes all
liability for, and agrees to indemnity and hold ADI harmless against and defend ADI
from, any and all suits, claims, demands, causes of action and judgments relating to
damages, whether for personal injury or to personal property, suffered by any person,
firm, corporation or business association, including but not limited to, Buyer’s customers
Limited Warranty