INSTALLATION AND MAINTENANCE MANUAL
LYNX E1 FAMILY
LICENSED & SPREAD SPECTRUM RADIOS
JUNE 2001
W/CS97-1
vi
LIMITATIONS ON DAMAGES (North America)
6.1 THE WARRANTY STATED IN THIS DOCUMENT IS THE
CUSTOMER'S EXCLUSIVE WARRANTY FOR THE
EQUIPMENT; WESTERN MULTIPLEX SPECIFICALLY
DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND OF
MERCHANTABILITY.
6.2 WESTERN MULTIPLEX SHALL NOT BE LIABLE IN TORT,
INCLUDING LIABILITY IN NEGLIGENCE OR STRICT
LIA BILITY, AND SHALL HAVE NO LIABILITY AT ALL
FOR INJURY TO PERSONS OR PROPERTY. WESTERN
MULTIPLEX'S LIABILITY FOR FAILURE TO FULFIL ITS
OBLIGATIONS UNDER THIS WARRANTY OR ANY
OTHER LIABILITY UNDER OR IN CONNECTION WITH THE
EQUIPMENT SHALL BE LIMITED TO THE AMOUNT OF THE
PURCHASE PRICE OF THE EQUIPMENT. THE REMEDIES
STATED IN THIS WARRANTY ARE THE CUSTOMER'S
EXCLUSIVE REMEDIES AGAINST WESTERN MULTIPLEX
REGARDING THE EQUIPMENT.
6.3 EVEN IF WESTERN MULTIPLEX HAS BEEN ADVISED OF
THE POSSIBILITY OF THEM, WESTERN MULTIPLEX
SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING THE COST OF LABOR BY THE CUSTOMER'S
OWN EMPLOYEES, AGENTS OR CONTRACTORS IN
IDENTIFYING, REMOVING OR REPLACING THE
DEFECTIVE ITEM; LOST PROFITS, AND REVENUES;
FAILURE TO REALIZE EXPECTED SAVINGS; ANY CLAIM
AGAINST A CUSTOMER BY A THIRD PARTY; OR ANY
OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY
KIND.
6.4 THESE LIMITATIONS AND DISCLAIMERS ARE NOT MADE
BY WESTERN MULTIPLEX WHERE PROHIBITED BY LAW.
LIMITATIONS ON DAMAGES (International)
6.1 THE WARRANTY STATED IN THIS DOCUMENT IS THE
CUSTOMER'S EXCLUSIVE WARRANTY FOR THE
EQUIPMENT; ALL OTHER WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND OF
MERCHANTABILITY ARE EXCLUDED TO THE FULLEST
EXTENT PERMITTED BY LAW.
6.2
WESTERN MULTIPLEX'S LIABILITY FOR FAILURE TO
FULFIL ITS OBLIGATIONS UNDER THIS WARRANTY OR
IN TORT OR AS A RESULT OF STRICT LIABILITY OR
ANY OTHER LIABILITY UNDER OR IN CONNECTION WITH
THE EQUIPMENT OR ITS SUPPLY SHALL BE LIMITED,
EXCEPT IN RESPECT OF DEATH AND PERSONAL INJURY
CAUSED BY WESTERN MULTIPLEX'S NEGLIGENCE, TO
THE AMOUNT OF THE PURCHASE PRICE OF THE
EQUIPMENT. THE REMEDIES STATED IN THIS
WARRANTY ARE THE CUSTOMER'S EXCLUSIVE
REMEDIES AGAINST WESTERN MULTIPLEX REGARDING
THE EQUIPMENT.
6.3 EVEN IF WESTERN MULTIPLEX HAS BEEN ADVISED OF
THE POSSIBILITY OF THEM, WESTERN MULTIPLEX
SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING THE COST OF LABOR BY THE CUSTOMER'S
OWN EMPLOYEES, AGENTS OR CONTRACTORS IN
IDENTIFYING, REMOVING OR REPLACING THE
DEFECTIVE ITEM; LOST PROFITS, AND REVENUES;
FAILURE TO REALIZE EXPECTED SAVINGS; ANY CLAIM
AGAINST A CUSTOMER BY A THIRD PARTY; OR ANY
OTHER COMMERCIAL OR ECONOMIC LOSSES OF ANY
KIND.
