Blackberry Wireless Handheld Manual page 104

New Zealand
WITHOUT LIMITATION LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, DAMAGES CAUSED BY
DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS AND THE LIKE AND PERSONAL INJURY OR WRONGFUL DEATH
DAMAGES) ARISING FROM OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE BLACKBERRY HARDWARE,
EVEN IF RIM OR A RIM SOLUTION PROVIDER ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
IS INTENDED TO APPLY AND DOES APPLY WITHOUT REGARD TO WHETHER SUCH DAMAGES ARE CLAIMED,
ASSERTED OR BROUGHT IN AN ACTION OR CLAIM SOUNDING IN TORT (INCLUDING NEGLIGENCE) OR CONTRACT, OR
UNDER WARRANTY, OR UNDER ANY OTHER LAW OR FORM OF ACTION. TO THE MAXIMUM EXTENT PERMITTED BY
LAW, ANY EXTERNAL BATTERIES PROVIDED WITH THE BLACKBERRY HARDWARE ARE PROVIDED "AS IS" OR ARE
SUBJECT TO THE LIMITED WARRANTY SPECIFICALLY APPLICABLE TO SUCH BATTERIES, IF ANY, AND ANY SIM CARDS
PROVIDED WITH THE BLACKBERRY HARDWARE ARE PROVIDED AS IS, AND NEITHER EXTERNAL BATTERIES NOR SIM
CARDS ARE, FOR PURPOSES OF THIS WARRANTY, PART OF THE BLACKBERRY HARDWARE. YOU ASSUME THE RISK OF
USING ANY ACCESSORY NOT PROVIDED AS PART OF THE BLACKBERRY SOLUTION. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, IN NO EVENT SHALL RIM'S LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH
YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE BLACKBERRY HARDWARE YOU PURCHASED OR
THE COST OF REPAIRING OR REPLACING THE BLACKBERRY HARDWARE, WHICHEVER IS GREATER. THE LIMITED
WARRANTY WITH RESPECT TO THE BLACKBERRY DESKTOP SOFTWARE, TO ALL DOCUMENTATION AND TO ANY
FIRMWARE RESIDING ON THE BLACKBERRY HARDWARE IS SET FORTH IN THE LICENSE AGREEMENT. IN THE EVENT
THAT THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 (THE "ACT") OR SIMILAR LEGISLATION IMPLIES INTO
THIS AGREEMENT TERMS, CONDITIONS, GUARANTEES, OR WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED,
SUCH TERMS, CONDITIONS, GUARANTEES, OR WARRANTIES WILL APPLY TO THIS AGREEMENT, PROVIDED THAT
RIM'S LIABILITY FOR A BREACH OF ANY SUCH TERM, CONDITION, GUARANTEE OR WARRANTY, INCLUDING FOR ANY
ECONOMIC OR CONSEQUENTIAL LOSS, SHALL BE LIMITED TO THOSE REMEDIES AVAILABLE TO YOU UNDER THE ACT.
IF YOU ARE ACQUIRING OR HAVE INDICATED TO RIM THAT YOU ARE ACQUIRING ANY GOOD OR SERVICE TO WHICH
THIS AGREEMENT APPLIES FOR THE PURPOSE OF A BUSINESS (AS DEFINED IN THE ACT) OR FOR RE-SUPPLY IN TRADE,
YOU ACKNOWLEDGE AND AGREE THAT THE PROVISIONS OF THE ACT WILL NOT APPLY.
Waiver by RIM of any default will not be deemed a continuing waiver of such default or a waiver of any other default.
Except as otherwise stated herein, this Limited Warranty is to be construed under the laws of the Province of Ontario. The
United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from
application to this Limited Warranty. Any disagreement or dispute arising out of or relating to this Limited Warranty shall
be settled by final and binding arbitration to be conducted in Ontario, Canada by a single arbitrator in accordance with
the Commercial Rules of Conciliation and Arbitration of the International Chamber of Commerce. No dispute between the
parties, or involving any person but YOU, may be joined or combined together, without the prior written consent of RIM.
If a provision of this Limited Warranty is held to be invalid or unenforceable, such invalidity or unenforceability shall not
invalidate or render unenforceable the entire Limited Warranty, but rather (unless a failure of consideration would result
therefrom) the Limited Warranty shall be construed as if not containing the particular invalid or unenforceable provision or
provisions, and the rights and obligations of each party shall be construed and enforced accordingly.
It is the express will of the parties that this Limited Warranty and any and all related documents be drawn up in English.
If there is any inconsistency between this Limited Warranty and any warranty included in the packaging of the BlackBerry
Hardware, the provisions of this Limited Warranty shall apply to the extent of such inconsistency.
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