Whisper Power Lithium Plus User Manual page 38

38 WhisperPower Lithium Plus 12 V 210 Ah 340 Ah
11.5 Any liability to the customer in any case ceases to apply in the event that the
customer fails to notify Whisper Power of the existence of the defect within ten
(10) days of having discovered the defect, in writing, in order to enable Whisper
Power to investigate the damage. Some of Whisper Power's products electronically
store usage data, including charging/discharging data, in order to enable Whisper
Power to analyse such data retroactively when investigating damage.
11.6 Any liability of Whisper Power for damage suffered by the customer is in any
case limited to the invoice amount of the relevant products, unless such damage
has been caused by gross negligence or willful misconduct of Whisper Power.
Whisper Power can never be held liable for (a) damage caused by any of the
circumstances mentioned in clause 11.3, leading to damage to the Whisper Power
products or to any other device located near those products, or (b) consequential
damage or (c) loss of profits or goodwill.
11.7 To the extent that a court determines that the limitation of liability as meant
in clause 11.6 cannot be invoked against a particular claim for damages by the
customer, Whisper Power's liability for loss of property, damage to property,
and bodily injury (including death) caused by the application of those particular
Whisper Power products shall in any event be limited to the amount actually paid
out by Whisper Power's insurance company to Whisper Power in accordance with
the insurance cover of that insurance policy for that particular type of damage.
Whisper Power has taken out insurance against certain risks, as described in the
respective insurance policies. These policies contain a usual limitation of insurance
payment to be paid out to Whisper Power if, and to the extent that, the event is a
covered event.