vii
3 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 OF 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
: Three-Year Warranty — In the event that the Product does not conform to this
warranty at any time during the time of three years 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 per-
sonnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or pur-
pose 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 INTERRUTPION 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 INTERRUTPION 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
Summary of Contents for Sensaphone IMS-4000
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