v0.2
FreedomAlert
®
7
T
ESTING AND SERVICE OF FreedomAlert EQUIPMENT
: The
FreedomAlert equipment, once installed, are in the exclusive possession
and control of the Purchaser, and it is Purchaser’s sole responsibility to test
the operation of equipment and request warranty service if the equipment is
under warranty.
LIMITED WARRANTIES OR REPRESENTATIONS.
LogicMark LLC
does not represent nor warrant that the FreedomAlert system will prevent any
loss, damage or injury to person or property, or that the personal emergency
alert system will in all cases provide the protection for which it is installed
or intended. Purchaser acknowledges that LogicMark LLC is not an insurer,
and that Purchaser assumes all risk for loss or injury to Purchaser’s property
or person. LogicMark LLC has made no representation or warranties, except
those expressed herein and hereby disclaims any warranty of merchantability
or fitness for any particular use.
PURCHASER’S EXCLUSIVE REMEDY:
Purchaser’s exclusive remedy
for LogicMark LLC’s default hereunder is to require LogicMark LLC to
repair or replace, at LogicMark LLC’s option, any equipment or part of the
personal emergency alert system which is non-operational during LogicMark
LLC’s warranty period.
LIMITATION OF LIABILITY:
The FreedomAlert equipment is not
designed or guaranteed to prevent any loss or injury. This Limited War-
ranty and Disclaimer of Liability constitutes the terms of sale and use of the
FreedomAlert (and accessory) equipment, and if, notwithstanding these terms
of sale and use of the product, there should arise any liability on the part of
LogicMark LLC as a result of any cause whatsoever, regardless of whether
or not such loss, damage, or personal injury was caused by or contributed
to by LogicMark LLC’s negligence to any degree or failure to perform any
obligation or strict products liability, such liability will be limited to an
amount paid by the Purchaser to LogicMark LLC for the product, or to the
sum of $300.00, whichever is greater.