5
1 YEAR LIMITED WARRANTY
PLEASE READ THIS WARRANTY CAREFULLY BEFORE USING THE PRODUCT.
THIS LIMITED WARRANTY CONTAINS SENSAPHONE’S STANDARD TERMS AND CONDITIONS. WHERE PERMITTED BY THE APPLICABLE
LAW, BY KEEPING YOUR SENSAPHONE PRODUCT BEYOND THIRTY (30) DAYS AFTER THE DATE OF DELIVERY, YOU FULLY ACCEPT THE
TERMS AND CONDITIONS SET FORTH IN THIS LIMITED WARRANTY.
IN ADDITION, WHERE PERMITTED BY THE APPLICABLE LAW, YOUR INSTALLATION AND/OR USE OF THE PRODUCT CONSTITUTES FULL
ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS LIMITED WARRANTY (HEREINAFTER REFERRED TO AS “LIMITED WARRANTY
OR WARRANTY”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS THIS WARRANTY, INCLUDING ANY LIMITATIONS OF
WARRANTY, INDEMNIFICATION TERMS OR LIMITATION OF LIABILITY, THEN YOU SHOULD NOT USE THE PRODUCT AND SHOULD
RETURN IT TO THE SELLER FOR A REFUND OF THE PURCHASE PRICE. THE LAW MAY VARY BY JURISDICTION AS TO THE APPLICABILITY
OF YOUR INSTALLATION OR USE ACTUALLY CONSTITUTING ACCEPTANCE OF THE TERMS AND CONDITIONS HEREIN AND AS TO THE
APPLICABILITY OF ANY LIMITATION OF WARRANTY, INDEMNIFICATION TERMS OR LIMITATIONS OF LIABILITY.
1.
WARRANTOR
: IN THIS WARRANTY, WARRANTOR SHALL MEAN “DEALER, DISTRIBUTOR, AND/OR MANUFACTURER.”
2.
ELEMENTS OF WARRANTY
: THIS PRODUCT IS WARRANTED TO BE FREE FROM DEFECTS IN MATERIALS AND CRAFTSMANSHIP
WITH ONLY THE LIMITATIONS AND EXCLUSIONS SET OUT BELOW.
3.
WARRANTY AND REMEDY
: ONE-YEAR WARRANTY — IN THE EVENT THAT THE PRODUCT DOES NOT CONFORM TO THIS
WARRANTY AT ANY TIME DURING THE TIME OF ONE YEAR FROM ORIGINAL PURCHASE, WARRANTOR WILL REPAIR THE DEFECT AND
RETURN IT TO YOU AT NO CHARGE.
THIS WARRANTY SHALL TERMINATE AND BE OF NO FURTHER EFFECT AT THE TIME THE PRODUCT IS: (1) DAMAGED BY EXTRANEOUS
CAUSE SUCH AS FIRE, WATER, LIGHTNING, ETC. OR NOT MAINTAINED AS REASONABLE AND NECESSARY; OR (2) MODIFIED; OR (3)
IMPROPERLY INSTALLED; OR (4) MISUSED; OR (5) REPAIRED OR SERVICED BY SOMEONE OTHER THAN WARRANTORS’ AUTHORIZED
PERSONNEL OR SOMEONE EXPRESSLY AUTHORIZED BY WARRANTOR’S TO MAKE SUCH SERVICE OR REPAIRS; (6) USED IN A MANNER OR
PURPOSE FOR WHICH THE PRODUCT WAS NOT INTENDED; OR (7) SOLD BY ORIGINAL PURCHASER.
LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION
UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR
REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST
REVENUE, BUSINESS INTERRUPTION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL
LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT,
AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT IT IS DETERMINED IN ANY ADJUDICATION
THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL
BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR
RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUPTION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR
INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH
OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE.
WITHOUT WAIVING ANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND
TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS
OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE
CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
INDEMNIFICATION AND COVENANT NOT TO SUE: YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS WARRANTORS, THEIR
OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, AGAINST ANY AND ALL CLAIMS,
DEMANDS OR ACTIONS BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES
THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS,
THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES,
OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY
WARRANTORS’ NEGLIGENCE.
YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROM ANY
CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES
THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS,
THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES,
OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY
WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE WARRANTY OR
WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING: THE WARRANTY OF
MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR
TRADE PRACTICE.
