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8. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL DISTRIB-
UTOR OR ITS SUPPLIERS (INCLUDING GIGASET
COMMUNICATIONS), BE LIABLE FOR ANY SPE-
CIAL, INCIDENTAL, INDIRECT, OR CONSEQUEN-
TIAL DAMAGES WHATSOEVER (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROF-
ITS OR CONFIDENTIAL OR OTHER INFORMA-
TION, FOR BUSINESS INTERRUPTION, FOR PER-
SONAL INJURY, FOR LOSS OF PRIVACY, FOR FAIL-
URE TO MEET ANY DUTY INCLUDING OF GOOD
FAITH OR OF REASONABLE CARE, FOR NEGLI-
GENCE, AND FOR ANY OTHER PECUNIARY OR
OTHER LOSS WHATSOEVER) ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF OR
INABILITY TO USE THE PRODUCT, THE PROVI-
SION OF OR FAILURE TO PROVIDE SUPPORT SER-
VICES, OR OTHERWISE UNDER OR IN CONNEC-
TION WITH ANY PROVISION OF THIS LIMITED
WARRANTY, EVEN IN THE EVENT OF THE FAULT,
TORT (INCLUDING NEGLIGENCE), STRICT LIABIL-
ITY, BREACH OF CONTRACT OR BREACH OF
WARRANTY OF DISTRIBUTOR OR ANY OF ITS
SUPPLIERS (INCLUDING GIGASET COMMUNICA-
TIONS) HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. REPAIR OR REPLACEMENT,
AS PROVIDED UNDER THE WARRANTY, IS YOUR
SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
THE LIMITED WARRANTY.
9. LIMITATION OF LIABILITY AND
REMEDIES
NOTWITHSTANDING ANY DAMAGES THAT YOU
MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAM-
AGES REFERENCED ABOVE AND ALL DIRECT OR
GENERAL DAMAGES), THE ENTIRE LIABILITY OF
DISTRIBUTOR OR ANY OF ITS SUPPLIERS
(INCLUDING GIGASET COMMUNICATIONS)
UNDER ANY PROVISION OF THIS LIMITED WAR-
RANTY AND YOUR EXCLUSIVE REMEDY FOR ALL
OF THE FOREGOING (EXCEPT FOR ANY REMEDY
OF REPAIR OR REPLACEMENT ELECTED BY DIS-
TRIBUTOR OR ANY OF ITS SUPPLIERS (INCLUD-
ING GIGASET COMMUNICATIONS) WITH
RESPECT TO ANY BREACH OF THE LIMITED WAR-
RANTY) SHALL BE LIMITED TO THE GREATER OF
THE AMOUNT ACTUALLY PAID BY YOU FOR THE
PRODUCT OR FIVE DOLLARS ($5.00 USD). THE
FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, EVEN
IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
10. GOVERNING LAW
This limited warranty will be governed by the
laws of the Province of Ontario and the federal
laws of Canada applicable therein and exclud-
ing the United Nations Convention on Con-
tracts for the International Sale of Goods.
If you want to learn more about Gigaset Service
or for Support on your Gigaset phone, visit our
web site at
www.gigaset.com/customercare or please call
1-866-247-8758.
Issued by
Gigaset Communications GmbH
Schlavenhorst 66, D-46395 Bocholt
Gigaset Communications GmbH is a licensee of
the Siemens trademark .
© Gigaset Communications GmbH 2009
All rights reserved.
Subject to availability. Rights of modifications
reserved.
www.gigaset.com
Part Number:A31008-M1806-R401-1-5819
Appendix
41
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