misuse; (c) subjected to alterations, modifications or repairs by the
Customer of by any party other than ATN without prior written consent of
ATN; (d) special order or “close-out” merchandise or merchandise sold
“as-is” by either ATN or the ATN dealer; or (e) merchandise that has been
discontinued by the manufacturer and either parts or replacement units
are not available due to reasons beyond the control of ATN. ATN shall
not be responsible for any defects or damage that in ATN’s opinion is a
result from the mishandling, abuse, misuse, improper storage or improper
operation, including use in conjunction with equipment which is electrically
or mechanically incompatible with or of inferior quality to the product, as
well as failure to maintain the environmental conditions specified by the
manufacturer. This warranty is extended only to the original purchaser. Any
breach of this warranty shall be waived unless the customer notifies ATN at
the address noted below within the applicable warranty period.
The customer understands and agrees that except for the foregoing
warranty, no other warranties written or oral, statutory, expressed or
implied, including any implied warranty of merchantability or fitness for a
particular purpose, shall apply to the product. All such implied warranties
are hereby and expressly disclaimed.
LIMITATION OF LIABILITY
ATN will not be liable for any claims, actions, suits, proceedings, costs,
expenses, damages or liabilities arising out of the use of this product.
Operation and use of the product are the sole responsibility of the
Customer. ATN’s sole undertaking is limited to providing the products and
services outlined herein in accordance with the terms and conditions of
this Agreement. The provision of products sold and services performed
by ATN to the Customer shall not be interpreted, construed, or regarded,
either expressly or implied, as being for the benefit of or creating any
obligation toward any third party of legal entity outside ATN and the
Customer; ATN’s obligations under this Agreement extend solely to the
Customer.
ATN’s liability hereunder for damages, regardless of
the form or action, shall not exceed the fees or other charges paid
to ATN by the customer or customer’s dealer. ATN shall not, in any
event, be liable for special, indirect, incidental, or consequential
damages, including, but not limited to, lost income, lost revenue, or
lost profit, whether such damages were foreseeable or not at the time
of purchase, and whether or not such damages arise out of a breach
of warranty, a breach of agreement, negligence, strict liability or any
other theory of liability.
PRODUCT WARRANTY REGISTRATION
In order to validate the warranty on your product, ATN must receive a
completed Product Warranty Registration Card for each unit or complete
warranty registration on our website at www.atncorp.com. Please complete
the included form and immediately mail it to our Service Center: ATN
Corporation, 1341 San Mateo Avenue, South San Francisco, CA 94080.
