SEON Explorer EX8Plus Mobile, Инструкция по установке и эксплуатации

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W-2 700-0048 R003
YOUR EXCLUSIVE REMEDY AND SEON
’
S ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH
YOUR USE OF THE PRODUCTS AND
/
OR THIS AGREEMENT SHALL BE REPAIR OR REPLACEMENT OF
DEFECTIVE PRODUCTS
,
AS SET FORTH ABOVE
.
SEON SHALL NOT BE SUBJECT TO AND DISCLAIMS
: (
A
)
ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY
,
(
B
)
ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS
(
INCLUDING NEGLIGENCE
,
AND
STRICT LIABILITY
)
OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO GOODS SOLD OR
SERVICES RENDERED BY SELLER
,
OR ANY UNDERTAKINGS
,
ACTS OR OMISSIONS RELATING THERETO
,
AND
(
C
)
ALL CONSEQUENTIAL
,
INCIDENTAL
,
SPECIAL AND CONTINGENT DAMAGES WHATSOEVER
,
EVEN
IF SEON HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
.
Without limiting the generality of the foregoing, Seon specifically disclaims any liability for property or
personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss
of use of goods or any associated equipment, cost of capital, cost of substitute goods, facilities or services,
down-time, shut-down or slow-down costs, or for any other types of economic loss, and for claims of
customer’s customers or any third party for any such damages. Some jurisdictions do not allow limitation
or exclusion of incidental or consequential damages, so this limitation or exclusion may not apply to you.
In no event shall Seon’s total liability for any damages to you or any other person in connection with the
products or this agreement exceed the lower of the suggested list price or the actual price paid for the
products, regardless of whether such liability arises from contract, tort, warranty or any other form of
claim.
If any provision of this agreement is found to be void, invalid, or unenforceable, that finding shall not
affect the remaining provisions, all of which shall be enforced to the full extent permitted by law. If any
remedy hereunder is determined to have failed of its essential purpose, the limitations of liability and
exclusion of damages set forth above shall remain in full force and effect. This agreement may be modified
only in writing signed by a duly authorized representative of Seon.
Provisions Applicable to Canadian Customers
For those customers whose mailing address is in Canada, Seon’s offer and any agreement of sale resulting
therefrom shall be governed by and construed in accordance with the internal and domestic laws of the
Province of
BRITISH COLUMBIA
without giving effect to the conflict of laws rules thereof. The courts of
British Columbia shall have exclusive jurisdiction to entertain and determine all disputes and claims,
whether for specific performance, injunction, declaration or otherwise arising out of or in any way
connected with the construction, breach, or alleged, threatened or anticipated breach of the contract
resulting from this offer and shall have jurisdiction to hear and determine all questions as to the validity,
existence or enforceability thereof. The United Nations Convention On Contracts For The International
Sale Of Goods shall not apply.
Provisions Applicable to American Customers
For those customers whose mailing address is in the United States, Seon’s offer and any agreement of sale
resulting therefrom shall be governed by and construed in accordance with the internal and domestic laws
of the State of
WASHINGTON
without giving effect to the conflict of laws rules thereof. The Superior Court
of Washington for Whatcom County and U.S. District Court for the Western District of Washington shall
have exclusive jurisdiction to entertain and determine all disputes and claims, whether for specific
performance, injunction, declaration or otherwise arising out of or in any way connected with the
construction, breach, or alleged, threatened or anticipated breach of the contract resulting from this offer
and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability
thereof. Customer specifically consents to such Court’s exercise of jurisdiction over it. The United Nations
Convention On Contracts For The International Sale Of Goods shall not apply.