123
DAMAGES TO THE FULL EXTENT THE SAME
MAY BE DISCLAIMED BY LAW. CUSTOMER
ACKNOWLEDGES THAT SERVICE
INTERRUPTIONS WILL OCCUR FROM TIME TO
TIME, AND AGREES TO HOLD COMPANY AND
NEXTEL HARMLESS FOR ALL SUCH
INTERRUPTIONS.
20. NO WARRANTY (EQUIPMENT) – NEITHER
COMPANY NOR NEXTEL MAKES ANY
WARRANTIES OR REPRESENTATIONS OF ANY
KIND, STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER
OF THIS EQUIPMENT. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR NEXTEL
MAKES ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER HEREBY WAIVES, AS AGAINST
COMPANY AND NEXTEL ALL OTHER
WARRANTIES, GUARANTEES, CONDITIONS, OR
LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
LAW OR OTHERWISE. IN NO EVENT SHALL
COMPANY, OR NEXTEL BE LIABLE FOR
CONSEQUENTIAL, SPECIAL, OR INCIDENTAL
DAMAGES, WHETHER OR NOT OCCASIONED
BY THEIR NEGLIGENCE AND INCLUDING,
WITHOUT LIMITATION, LIABILITY FOR ANY
LOSS OR DAMAGE RESULTING FROM THE
INTERRUPTION OR FAILURE IN THE
OPERATION OF ANY EQUIPMENT SOLD OR
OTHERWISE PROVIDED HEREUNDER. THERE
ARE NO WARRANTIES THAT EXTEND BEYOND
THE DESCRIPTION CONTAINED HEREIN.
CUSTOMER ASSUMES THE ENTIRE RISK AS TO
THE QUALITY AND PERFORMANCE OF THE
EQUIPMENT. UNLESS OTHERWISE AGREED
BY COMPANY, IF THE EQUIPMENT PROVES
DEFECTIVE, THE COSTS OF ALL NECESSARY
SERVICING AND REPAIR WILL BE BORNE BY
CUSTOMER.
21. DEFINITIONS – For purposes of this
Agreement: 1) “Call Credit Validity Period” means
the number of days, from the date of call credit
activation until the date of call credit expiration, set
out in the relevant rate plan; 2) “RE-BOOST Card”
means the Boost Mobile card containing additional
call credits which may be purchased from
participating outlets or the voucher number and
expiration date provided to customers when
additional call credits are purchased without a card
being provided, as applicable; 3) “Grace Period”
means the 60 day period commencing on the date
of Call Credit expiration, and ending on the date of
account cancellation.
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