Gigaset A510IP Manual page 142

FCC / ACTA Information
7. DISCLAIMER OF WARRANTIES
GIGASET NAM AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF ANY)
AS IS AND WITH ALL FAULTS. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER EXPRESS
WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING EXCEPT FOR THE
LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF
ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF
LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE PRODUCT, AND
THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WAR-
RANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, OR CORRESPON-
DENCE TO DESCRIPTION OR NONINFRINGEMENT WITH REGARD TO THE PRODUCT. Some
states/jurisdictions/provinces do not allow limitations on how long an implied warranty lasts
or the exclusion or limitation of incidental or consequential damages, so the above exclusions
or limitations may not apply to you. If an implied warranty or condition is created by your
state/province and federal or state/provincial law prohibits disclaimer of it, you also have an
implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD
OF THIS LIMITED WARRANTY (ONE YEAR). AS TO ANY DEFECTS DISCOVERED AFTER THE ONE
YEAR PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. This limited warranty
gives you specific legal rights, and you may also have other rights which vary from state to
state/province to province. In no event shall Gigaset NAM's liability exceed the cost of repair-
ing or replacing defective Products as provided herein, and any such liabilities will terminate
upon expiration of the warranty period.
Any supplements or updates to the Product or the software in the Product, including without
limitation, any (if any) software fixes or upgrades or bug fixes provided to you after the expi-
ration of the one year limited warranty period are not covered by any warranty or condition,
express, implied or statutory.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIGASET
NAM, SELLER OR THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUP-
TION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, 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 PROVISION OF OR FAILURE TO PRO-
VIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
OF THIS LIMITED WARRANTY, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLI-
GENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF GIGASET
NAM OR SELLER OR ANY SUPPLIER, AND EVEN IF GIGASET NAM OR SELLER OR ANY SUPPLIER
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 WHATSO-
EVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL
DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF GIGASET NAM, SELLER AND ANY
OF THEIR SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY AND YOUR EXCLU-
SIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR
REPLACEMENT ELECTED BY GIGASET NAM OR SELLER OR SUPPLIER WITH RESPECT TO ANY
BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE PRODUCT OR FIVE DOLLARS ($5.00 USD/CAN). THE FORE-
GOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM
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