Disclaimer Of Liability & Warranty - banks iDash 1.8 DataMonster Owner's Manual

DISCLAIMER OF LIABILITY &
WARRANTY
Gale Banks Engineering Inc., and its
distributors, employees, and dealers
(hereafter "SELLER") shall in no way be
responsible for the product's proper
use and service. The BUYER hereby
waives all liability claims.
The BUYER acknowledges that he/ she
is not relying on the SELLER's skill or
judgment to select or furnish goods
suitable for any particular purpose
and that there are no liabilities which
extended beyond the description on
the face hereof and the BUYER hereby
waives all remedies or liabilities,
expressed or implied, arising by
law or otherwise, (including without
any obligations of the SELLER with
respect to fitness, merchantability,
and consequential damages) whether
or not occasioned by the SELLER's
negligence. The BUYER is responsible
to fully understand the capability and
limitations of his/her vehicle according
to manufacturer specifications and
agrees to hold the SELLER harmless
from any damage resulting from the
failure to adhere to such specifications.
The SELLER disclaims any warranty
and expressly disclaims any liability
for personal injury or damages. The
BUYER acknowledges and agrees
that the disclaimer of any liability for
personal injury is a material term for
this agreement and the BUYER agrees
to indemnify the SELLER and to hold
the SELLER harmless from any claim
related to the item of the equipment
purchased. Under no circumstances
will the SELLER be liable for any
damages or expenses by reason of the
use or sale of any such equipment.
The BUYER is responsible to obey all
applicable federal, state, and local
laws, statutes, and ordinances when
operating his/her vehicle, and the
BUYER agrees to hold SELLER harmless
from any violation thereof.
The SELLER assumes no liability
regarding the improper installation
or misapplication of its products.
It is the BUYER's responsibility to
check for proper installation and if
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in doubt, contact the manufacturer.
The BUYER is solely responsible for all
warranty issues from the automotive
manufacturer.
The use of this device signifies
automatic approval of these conditions.
GALE BANKS ENGINEERING
LIMITED WARRANTY
Please see enclosed warranty
information card, or go to www.
bankspower.com/support/warranty,
for warranty information regarding
your product. THIS WARRANTY APPLIES
ONLY TO THE ORIGINAL CONSUMER
PURCHASER OF THIS PRODUCT.
In the event of a defect, GBE will, at
its discretion, repair or replace the
hardware product with a product of
like kind or quality, which may be new
or reconditioned, with no charge to the
purchaser for parts or labor. GBE's limit
of liability under this limited warranty
shall be the actual cash value of the
product at the time the purchaser
returns the product to GBE for repair
less a reasonable amount for usage,
as determined by GBE in its sole
discretion. The repaired or replaced
product will be warranted for 90 days
from the date of return shipment, or
for the balance of the original warranty,
whichever is longer.
GBE warrants that the software
included in hardware product will be
free from defects in the media for
a period of 30 days from the date
of shipment and will substantially
conform to the then current user
documentation provided with the
hardware products (including updates
thereto). GBE's sole obligation shall
be the correction or replacement of
the media or the software so that
it will substantially conform to the
then- current user documentation.
GBE does not warrant the software
will meet purchaser's requirements or
that its operation will be uninterrupted,
error-free or virus-free. The purchaser
assumes the entire risk of using the
software.