Siemens Gigaset SL78H User Manual page 69

Gigaset SL785 / EN-US / A31008-M2009-XXXX-1-XX / appendix.fm / 09.01.2009
others which vary from state/jurisdiction to
state/jurisdiction.
7. DISCLAIMER OF WARRANTIES
GIGASET USA AND ITS SUPPLIERS PROVIDE THE
PRODUCT AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS. THE LIMITED WAR-
RANTY IS IN LIEU OF ANY OTHER EXPRESS WAR-
RANTIES (IF ANY) CREATED BY ANY DOCUMEN-
TATION OR PACKAGING EXCEPT FOR THE LIM-
ITED WARRANTY, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRAN-
TIES, 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 NEGLI-
GENCE, ALL WITH REGARD TO THE PRODUCT,
AND THE PROVISION OF OR FAILURE TO PRO-
VIDE SUPPORT SERVICES. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, OR CORRE-
SPONDENCE TO DESCRIPTION OR NON-
INFRINGEMENT WITH REGARD TO THE PROD-
UCT. Some states do not allow limitations on
how long an implied warranty lasts or the exclu-
sion 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 and federal or
state 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 WAR-
RANTY OR CONDITION OF ANY KIND. This lim-
ited warranty gives you specific legal rights,
and you may also have other rights which vary
from state to state. In no event shall Gigaset
USA's liability exceed the cost of repairing 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
expiration of the one year limited warranty
period are not covered by any warranty or con-
dition, express, implied or statutory.
Service (Customer Care)
8. EXCLUSION OF INCIDENTAL,
CONSEQUENTIAL AND CERTAIN
OTHER DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL GIGASET
USA, SELLER OR THEIR SUPPLIERS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT, OR CON-
SEQUENTIAL DAMAGES WHATSOEVER (INCLUD-
ING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION,
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 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 GIGASET USA OR SELLER OR ANY
SUPPLIER, AND EVEN IF GIGASET USA 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 WAR-
RANTY.
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
GIGASET USA, SELLER AND ANY OF THEIR SUP-
PLIERS UNDER ANY PROVISION OF THIS LIMITED
WARRANTY AND YOUR EXCLUSIVE REMEDY FOR
ALL OF THE FOREGOING (EXCEPT FOR ANY
REMEDY OF REPAIR OR REPLACEMENT ELECTED
BY GIGASET USA OR SELLER OR SUPPLIER 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.
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