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AGREEMENT,
PHILIPS
OTHER WARRANTY WHETHER EXPRESS
OR IMPLIED (WHETHER BY STATUTE,
UNDER THE OPERATION OF LAW OR
OTHERWISE) AND SPECIALLY DISCLAIMS
ANY WARRANTY OF SATISFACTORY
QUALITY MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
PHILIPS' TOTAL LIABILITY FOR DAMAGES
RELATING TO OR ARISING OUT OF THE
PURCHASE OR USE OF THE PRODUCT,
REGARDLESS OF THE TYPE OR CAUSE OF
SUCH DAMAGE OR THE FORM OR
CHARACTERISATION
ASSERTED (E.G. CONTRACT OR TOPIT),
SHALL NOT EXCEED THE ORIGINAL
PURCHASE
PRICE
PRODUCT.
HOWEVER IN NO EVENT SHALL PHILIPS BE
LIABLE FOR ANY PUNITIVE, SPECIAL,
INCIDENTAL,
CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO THE LOSS OF USE,
LOSS
OF
TIME,
COMMERIAL LOSS, LOST PROFITS, LOST
BUSINESS OPPORTUNITIES, COST OF
SUBSTITUTION OF GOODS OR SERVICES,
INVESTMENTS, DAMAGE TO GOODWILL
OR REPUTATION, OR LOSS OF DATA AND
PROVIDES
NO
OF THE
CLAIM
PAID
FOR
THE
INDIRECT
OR
INCONVENIENCE,
CLAIMS BY THIRD PARTIES) RESULTING
FROM PURCHASE OR USE OF THE
PRODUCT, TO THE FULLEST EXTENT
ALLOWED BY LAW, WHETHER OR NOT
PHILIPS HAS BEEN ADVISED OF THE
POSSIBILTY OF SUCH DAMAGES. THESE
LIMITATIONS
NOTWITHSTANDING THE FAILURE OF
THE ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY.
This limited warranty represents the complete
and
exclusive
agreement
Consumer and Philips with respect to this
cellular Product and it supercedes all prior
agreements between the parties, oral or
written,
and
all
other
between the parties relating to the subject
matter of this limited warranty. No carrier,
retailer, agent, dealer, employee, thereof, or
employee of Philips is authorized to make
modifications to this limited warranty and you
should not rely on any such representation.
This limited warranty does not affect the
Consumer's statutory rights under applicable
national laws in force.
SHALL
APPLY
between
the
communications
89
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