Common use of Exclusions and Limitations Clause in Contracts

Exclusions and Limitations. USDD does not warrant that the operation of is product or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.

Appears in 3 contracts

Samples: lfpubweb.cityofdenton.com, legistarweb-production.s3.amazonaws.com, legistarweb-production.s3.amazonaws.com

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Exclusions and Limitations. USDD does not warrant that the operation of is product This Refurbished Warranty Policy applies only to Product(s) manufactured by or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useBragi. This Refurbished Warranty Policy does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to to, and specifically excludes, the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not applyfollowing: (a) to consumable parts, a)consumable parts such as batteries, unless damage has occurred due to a defect in materials or workmanshipworkmanship in the Refurbished Product(s); (b) to normal wear and tear and cosmetic damage, including including, but not limited to to, scratches, dents and broken plastic on portsplastic; (c) to defects or damage caused by use with non-USDD productsmisuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product Product(s) outside the permitted or intended uses described by USDDXxxxx; (e) damage caused by use with non-Bragi products; (f) to damage any non-Bragi hardware products or failure caused by installation any software, even if packaged or service (including upgrades sold with the Product(s); and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) modifications of the Refurbished Product(s) by anyone other than Xxxxx. Xxxxx is not responsible for damage arising from failure to a product or part that has been modified follow instructions relating to alter functionality or capability without the written permission use of USDD; or (h) if any serial number has been removed or defacedthe Refurbished Product(s). TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD XXXXX IS NOT RESPONSIBLE FOR DIRECT, FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, LOSS OF USE; , LOSS OF REVENUE; , LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY; , LOSS OF ANTICIPATED SAVINGS; , LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL; , LOSS OF REPUTATION; and , OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE REFURBISHED PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTREFURBISHED PRODUCT(S). USDD disclaims SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER THIS REFURBISHED WARRANTY POLICY SETS FORTH THE FULL EXTENT OF XXXXX’S WARRANTY RESPONSIBILITY. THIS REFURBISHED WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. To the extent the foregoing disclaimers are not permitted by applicable law, any representation that it will be able implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to repair any product under the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this Warranty or make a product exchange without risk limitation may not apply to or loss of the programs or data stored thereonyou.

Appears in 2 contracts

Samples: groupon.s3.amazonaws.com, d3gqasl9vmjfd8.cloudfront.net

Exclusions and Limitations. USDD does not warrant that the operation of is product or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable partsfaulty and improper maintenance, such as batteriesservice, unless damage has occurred due to a defect repair andƒor alteration in materials any way that is not contemplated in the documentation for the product or workmanship; carried out with MSS’s consent in writing, operational adjustments covered in the operating manual for the product or normal maintenance, (b) to cosmetic damagedamages, including (c) if the product is modified or tampered with, (d) if the product is damaged by acts of God, misuse, abuse, negligence, accident, normal wear and tear and deterioration, improper environmental conditions (including, but not limited to scratchesto, dents and broken plastic on ports; (celectrical surges, water damage, chemical exposure, andƒor heatƒcold exposure) to damage caused by use with non-USDD products; (d) to damage caused by accidentor lack of responsible care, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating if the product outside has had the permitted model or intended uses described by USDD; serial number altered, defaced or removed, (f) to damage consumables (such as storage media or failure caused by installation or service (including upgrades and expansionsbatteries) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to products that have been purchased “as is” and MSS, the seller or the liquidator expressly disclaim their warranty obligation pertaining to the product, (h) to any non−MSS ACS hardware product or any software (irrespective if packaged or sold with an MSS hardware product) and MSS products purchased from an unauthorized distributorƒreseller,(i) to damage that occurs in shipment or (j) to damages by any other causes not related to defective design, workmanship andƒor materials. All Inquiries for RMA and Warranty Repair should be directed to the following: McKinney Security Systems, LLC X.X. Xxx 0000 Xxxxx, XX 00000 Phone: 000.000.0000 Fax: 000.000.0000 NOTE: • The product must be serviced by a manufacturer’s authorized service technician • Failure to comply with any of the aforementioned requirements will invalidate this Limited Hardware Warranty. Xxxx Xxxxxxxxx, President Date Notary Public, State of Texas Date McKINNEY SECURITY SYSTEMS, LLC XxXxxxxx Security Systems one YEAR LIMITED HARDWARE WARRANTY To: For: Warranty Coverage McKinney Security Systems’ (“MSS”) warranty obligations are limited to the terms set forth below: MSS warrants the original purchaser that the MSS Network Video Product (“NVP”) enclosed with this limited hardware warranty will in respect of the hardware be free from defects in design, workmanship and materials under normal use for a period of one (1) year from the date of substantial completion, August 1, 2017, (“Warranty Period”). The original purchaser shall without undue delay notify MSS of any defect which appears according to MSS RMA Handling procedure. If a valid claim is received within the Warranty Period, the sole remedy of the original purchaser and MSS’s sole and exclusive liability shall be limited to, at MSS’s sole discretion, MSS will repair or replace defective parts of the MSS camera with new parts, or with serviceable used parts that are superior or equivalent in performance to new parts, without charge. Repaired or replacement hardware will be warranted for the remainder of the original Warranty Period or ninety (90) days, whichever is longer. When a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceableexchanged, the legality or enforceability replacement hardware becomes the property of the remaining terms original purchaser and all hardware or part thereof that is replaced shall not become the property of MSS. This Limited Warranty is applicable in all countries and may be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereonenforced by contacting MSS.

Appears in 1 contract

Samples: Tips Vendor Agreement

Exclusions and Limitations. USDD This warranty does not warrant that cover damage or claims to the operation of is product or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage extent arising from Customeror relating to: • Other manufacturers’ products used with eXP Interior Extreme; • Mold, mildew, algae, fungus or other conditions involving organic growth; • Installation over structural or framing members that are or which become twisted, bowed or otherwise distorted; • Damage due to improper installation or building or system design; • Handling or storage not in accordance with standard building or industrial practice; • Failure to purchase and install eXP Interior Extreme within 12 months from its date of manufacture; • Use of eXP Interior Extreme other than its intended use; • A third-party’s failure actions, omissions or negligence; • Installations in buildings that have not been maintained with reasonable care; or • The performance of other materials applied or attached to, or installed over, with or adjacent to follow instructions relating to the product’s useeXP Interior Extreme. This Limited Warranty does not apply is the only warranty applicable to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery eXP Interior Extreme and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IS IN LIEU OF AND EXCLUDES, AND SELLER DISCLAIMS, ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS WARRANTIES EXPRESSED OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN PURPOSE. SELLER WILL NOT BE RESPONSIBLE OR LATENT DEFECTSLIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM, OR FOR LOSS OF INCOME OR PROFITS, DAMAGE TO ANY STRUCTURE, CONTENTS OR OTHER PROPERTY, OR LOSS OF USE. If USDD canSome states prohibit the exclusion or limitation of warranties or may not lawfully disclaim statutory allow the exclusion or implied warranties then limitation of incidental or consequential damages, so the above disclaimers may not apply to you. This warranty gives you specific legal rights and you may also have other rights which will vary depending upon the extent permitted by law, all such warranties shall state. eXP Interior Extreme has natural surface characteristics that result normally from its manufacture that are not to be limited in duration to the duration considered defects or evidence of a breach of this express Warranty warranty. MAKING CLAIMS All claims under this warranty must be submitted in writing to National Gypsum Services Company d/b/a National Gypsum Company, authorized sales agent and service provider to repair or replacement service as determined by USDD in its sole discretionSeller, within thirty (30) days from the time you discover a problem with eXP Interior Extreme. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability Include a brief description of the remaining terms shall problem with photographs and copies of sales receipts, invoices or other documents which may show the dates of purchase and installation. Mail this information to: National Gypsum Company 0000 Xxxxxxxx Xxxxxxxxx Charlotte, NC 28209 Attn: Director, Quality Services R&D If Seller determines that the product in question does not comply with this Limited Warranty, Seller will replace the product or, at its option and for product which has been installed, will provide reimbursement to cover costs of repair and replacement up to a maximum of two times the price paid for the product at the time of purchase for installation. Such price must be affected or impairedproperly documented by the claimant. EXCEPT AS PROVIDED IN THIS WARRANTY REMEDY BE THE EXCLUSIVE REMEDY FOR ANY CLAIM HEREUNDER AND TO IS THE EXTENT PERMITTED BY LAWTOTAL LIABILITY OF SELLER FOR ANY CLAIM OF PROBLEMS OR DEFECTS WITH eXP INTERIOR EXTREME, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WHETHER BASED ON THIS LIMITED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS BREACH OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OFCONTRACT, DAMAGE TO NEGLIGENCE, OR CORRUPTION OF DATASTRICT LIABILITY. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTYIssued January 2021 National Gypsum Company is the exclusive service provider for products manufactured by Gold Bond Building Products, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTSLLC. The eXP family of products is manufactured by Gold Bond Building Products, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTLLC. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.Gold Bond Building Products, LLC 0000 Xxxxxxx Xxxx, Charlotte, NC 28211 704.365.7300 • xxxxxxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: www.buildsite.com

Exclusions and Limitations. USDD does not warrant that the operation of is product This Warranty Policy applies only to Product(s) manufactured by or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useBragi. This Warranty Policy does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to to, and specifically excludes, the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not applyfollowing: (a) to consumable parts, a)consumable parts such as batteries, unless damage has occurred due to a defect in materials or workmanshipworkmanship in the Product(s); (b) to normal wear and tear and cosmetic damage, including including, but not limited to to, scratches, dents and broken plastic on portsplastic; (c) to defects or damage caused by use with non-USDD productsmisuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product Product(s) outside the permitted or intended uses described by USDDXxxxx; (e) damage caused by use with non-Bragi products; (f) to damage any non-Bragi hardware products or failure caused by installation any software, even if packaged or service (including upgrades sold with the Product(s); and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) modifications of the Product(s) by anyone other than Bragi. Xxxxx is not responsible for damage arising from failure to a product or part that has been modified follow instructions relating to alter functionality or capability without the written permission use of USDD; or (h) if any serial number has been removed or defacedthe Product(s). TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD XXXXX IS NOT RESPONSIBLE FOR DIRECT, FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, LOSS OF USE; , LOSS OF REVENUE; , LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY; , LOSS OF ANTICIPATED SAVINGS; , LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL; , LOSS OF REPUTATION; and , OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTPRODUCT(S). USDD disclaims SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER THIS WARRANTY POLICY SETS FORTH THE FULL EXTENT OF XXXXX’S WARRANTY RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. To the extent the foregoing disclaimers are not permitted by applicable law, any representation that it will be able implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to repair any product under the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this Warranty or make a product exchange without risk limitation may not apply to or loss of the programs or data stored thereonyou.

Appears in 1 contract

Samples: d3gqasl9vmjfd8.cloudfront.net

Exclusions and Limitations. USDD warrants that the Services performed hereunder will be carried out with due care and attention by qualified personnel. Defective Hardware subject to repair hereunder will be repaired to good working order. USDD does not warrant that the operation of is product the System, Hardware, Software, or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the productSystem’s use. This Warranty Agreement does not apply to any Hardware or Software (as defined below) not used in conjunction with the System and for its intended purpose. This Warranty Agreement does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this WarrantyAgreement. This Warranty Agreement does not applyapply to: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product Product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product Product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if to any Product from which the serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AGREEMENT AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS EXPRESS, OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warrantywarranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AGREEMENT AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO TO: LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and AND LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. ALL PRODUCT AND SERVICE CLAIMS ARE LIMITED TO THOSE EXCLUSIVE REMEDIES SET FORTH IN THIS SERVICE AGREEMENT. USDD’S AGGREGATE LIABILITY IN CONNECTION WITH THE REPAIR OR REPLACEMENT OF HARDWARE UNDER THIS AGREEMENT SHALL NOT EXCEED THE LESSER OF THE AGGREGATE PURCHASE PRICE OF THE HARDWARE PAID BY CUSTOMER TO USDD (i) GIVING RISE TO THE CLAIM OR (ii) PROCURED BY CUSTOMER IN THE TWELVE (12) MONTHS PRIOR TO WHEN THE CLAIM AROSE. USDD’S AGGREGATE LIABILITY IN CONNECTION WITH SERVICES UNDER THIS AGREEMENT SHALL BE LIMITED TO CORRECTION OR RE-PERFORMANCE OF THE DEFECTIVE SERVICES OR REFUND OF FEES PAID FOR THE SERVICES, AT USDD’S SOLE ELECTION, IF CUSTOMER NOTIFIES USDD IN WRITING OF DEFECTIVE SERVICES WITHIN NINETY (90) DAYS OF THE DEFECTIVE SERVICES. CUSTOMER SHALL NOT BRING A LEGAL OR EQUITABLE ACTION AGAINST USDD MORE THAN ONE YEAR AFTER THE FIRST EVENT GIVING RISE TO A CAUSE OF ACTION, UNLESS A SHORTER LIMITATIONS PERIOD IS PROVIDED BY APPLICABLE LAW. USDD disclaims any representation that it will be able to repair any product hardware under this Warranty Service Agreement or make a product exchange without risk to or loss of the programs or data stored thereon.

Appears in 1 contract

Samples: Service Agreement

Exclusions and Limitations. USDD This Limited Warranty applies only to hardware products manufactured by or for The Firebeam Company that can be identified by the “The Firebeam Company” trade mark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-The Firebeam Company hardware products or any software, even if packaged or sold with The Firebeam Company hardware. Manufacturers, suppliers or publishers, other than The Firebeam Company, may provide their own warranties to the end user purchaser, but The Firebeam Company, in so far as permitted by law, provides their products “as is”. Software distributed by The Firebeam Company with or without The Firebeam Company brand name (including, but not limited to system software) is not covered under this Limited Warranty. The Firebeam Company does not warrant that the operation of is the product or any related peripherals will be uninterrupted or error-free. USDD The Firebeam Company is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty warranty does not apply: (a) to damage caused by use with non-The Firebeam Company products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the product outside the permitted or intended uses described by The Firebeam Company; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of The Firebeam Company or a Firebeam Company Authorised Service Provider; (e) to a product or part that has been modified to significantly alter functionality or capability without the written permission of The Firebeam Company; (f) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any The Firebeam Company serial number has been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD THE FIREBEAM COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF THE FIREBEAM COMPANY CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretionALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY THE FIREBEAM COMPANY IN ITS SOLE DISCRETION. No Not The Firebeam Company reseller, agent, or employee is authorized authorised to make any modification, extension, extension or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impairedwarranty. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD THE FIREBEAM COMPANY IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE FIREBEAM COMPANY PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS. THE FIREBEAM COMPANY DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY OR MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF THE PROGRAMS OR DATA. CONSUMER PROTECTION LAWS FOR CONSUMERS WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRY OF PURCHASE OR, IF DIFFERENT, THEIR COUNTRY OF RESIDENCE, THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that it will be able to repair any vary by country, state or province. This Limited Warranty is governed by and construed under the laws of the country in which the product purchase took place. The Firebeam Company, the warrantor under this Warranty Limited Warranty, is identified at the end of this document according to the country or make a region in which the product exchange without risk to or loss of the programs or data stored thereonpurchase took place.

Appears in 1 contract

Samples: www.thefirebeamcompany.com

Exclusions and Limitations. USDD does not warrant that This Limited Warranty applies only to products manufactured by or for Concast, Inc., subject to the operation of is product or any related peripherals will be uninterrupted or error-freeconditions and limitations provided herein. USDD Concast, Inc., in so far as permitted by law, provides its products “AS IS”. Concast, Inc. is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials cosmetic or workmanship; (b) to cosmetic surface damage, including but not limited to scratches, dents and broken plastic on portschips that do not adversely impact the structural integrity of the product; (c) to damage caused by use with non-USDD products; (db) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causescauses or Acts of God; (ec) to damage caused by operating using the product outside the permitted or intended uses described by USDDConcast, Inc.; (fd) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service providerConcast, Inc.; (ge) to a product or part that has been modified to alter functionality functionality, structural integrity or capability without the written permission of USDDConcast, Inc.; or (hf) if to any serial number has been removed non-cement based products or defacednon-cement based product parts, components or accessories, including, without limitation, any polymer concrete, fiberglass, aluminum or galvanized steel products or product parts, components or accessories. ANY NON-CEMENT BASED PRODUCTS OR NON-CEMENT BASED PRODUCT PARTS, COMPONENTS OR ACCESSORIES SHALL NOT BE COVERED BY THIS WARRANTY. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD CONCAST, INC. SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF CONCAST, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretionINC. CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY CONCAST, INC. IN ITS SOLE DISCRETION. No Concast, Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warrantywarranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD CONCAST, INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORYLEGALTHEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY COSTS OF RECOVERING PROGRAMMING STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTOMISSIONS. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.OBTAINING WARRANTY SERVICE

Appears in 1 contract

Samples: www.concastinc.com

Exclusions and Limitations. USDD does not warrant that Except for the operation of is product remedies expressly set forth above or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useextent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. This In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not apply to not, under any Hardware circumstances, cover defects resulting from: normal wear and tear or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively otherwise due to the manufacturer’s warranty, if any. Recovery and reinstallation normal aging of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanshipthe Product; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on portsunless failure has occurred due to a defect in manufacturing, materials or workmanship; (c) improper or unreasonable use or maintenance; failure to damage caused by use with non-USDD productsfollow operating instructions; (d) to accident; excess moisture; insects; damage caused by accident, abuse, misuse, floodfire, lightning, fireearthquake, earthquake or other external causescause; (e) power surges; connections to damage improper voltage supply; unauthorized alteration or modification of original condition; damages caused by operating the product outside the permitted inadequate packing or intended uses described by USDDshipping procedures; (f) loss of, damage to damage or failure corruption of stored data; damages caused by installation use with non-OtterBox products; Products that require modification or service (including upgrades adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and expansions) performed by anyone who is products purchased from unauthorized dealers that are not a representative of USDD or a USDD authorized installer or service provider; (g) subject to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedOtter’s quality controls. FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OTTER MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD XXXXX SPECIFICALLY DISCLAIMS ANY AND EXCLUDES ALL STATUTORY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSPURPOSE. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY AND TO THE EXTENT IS NOT PERMITTED BY LAW, USDD THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES, PROVINCES AND COUNTRIES DO NOT RESPONSIBLE ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR DIRECTPRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL OTTER, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM PUNITIVE DAMAGES, OF ANY BREACH OF WARRANTY OR CONDITIONNATURE WHATSOEVER, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS ARISING OUT OF THE USE OF MONEY; OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF ANTICIPATED SAVINGS; VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF GOODWILL; USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT OTTER HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATADATA CONTAINED IN THE FOREGOING DEVICES. USDD IS NOT RESPONSIBLE NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY INDIRECT LOSS REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR DAMAGE HOWSOEVER CAUSED GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE REPLACEMENT ENTIRE AGGREGATE LIABILITY OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, OTTER AND ANY FAILURE OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO MAINTAIN THE CONFIDENTIALITY AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATA STORED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCTABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS

Appears in 1 contract

Samples: www.otterbox.fr

Exclusions and Limitations. USDD does not warrant that This Limited Warranty applies only to products manufactured by or for Concast, Inc., subject to the operation of is product or any related peripherals will be uninterrupted or error-freeconditions and limitations provided herein. USDD Concast, Inc., in so far as permitted by law, provides its products “AS IS”. Concast, Inc. is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials cosmetic or workmanship; (b) to cosmetic surface damage, including but not limited to scratches, dents and broken plastic on portschips that do not adversely impact the structural integrity of the product; (c) to damage caused by use with non-USDD products; (db) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causescauses or Acts of God; (ec) to damage caused by operating using the product outside the permitted or intended uses described by USDDConcast, Inc.; (fd) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service providerConcast, Inc.; (ge) to a product or part that has been modified to alter functionality functionality, structural integrity or capability without the written permission of USDDConcast, Inc.; (f) to any non-fiberglass products or (h) if non-fiberglass product parts, components or accessories, including, without limitation, any serial number has been removed cement, polymer concrete, aluminum or defacedgalvanized steel products or product parts, components or accessories. ANY NON-FIBERGLASS PRODUCTS OR NON-FIBERGLASS PRODUCT PARTS, COMPONENTS OR ACCESSORIES SHALL NOT BE COVERED BY THIS WARRANTY. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD CONCAST, INC. SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF CONCAST, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretionINC. CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY CONCAST, INC. IN ITS SOLE DISCRETION. No Concast, Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warrantywarranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD CONCAST, INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORYLEGALTHEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY COSTS OF RECOVERING PROGRAMMING STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTOMISSIONS. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.OBTAINING WARRANTY SERVICE

Appears in 1 contract

Samples: www.concastinc.com

Exclusions and Limitations. USDD does not warrant that This Limited Warranty applies only to products manufactured by or for Concast, Inc., subject to the operation of is product or any related peripherals will be uninterrupted or error-freeconditions and limitations provided herein. USDD Concast, Inc., in so far as permitted by law, provides its products “AS IS”. Concast, Inc. is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials cosmetic or workmanship; (b) to cosmetic surface damage, including but not limited to scratches, dents and broken plastic on portschips that do not adversely impact the structural integrity of the product; (c) to damage caused by use with non-USDD products; (db) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causescauses or Acts of God; (ec) to damage caused by operating using the product outside the permitted or intended uses described by USDDConcast, Inc.; (fd) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service providerConcast, Inc.; (ge) to a product or part that has been modified to alter functionality functionality, structural integrity or capability without the written permission of USDDConcast, Inc.; (f) to any non-aluminum or (h) if non-galvanized steel products or non-aluminum or non-galvanized steel product parts, components or accessories, including, without limitation, any serial number has been removed cement, polymer concrete or defacedfiberglass products or product parts, components or accessories. ANY NON-ALUMINUM OR NON-GALVANIZED STEEL PRODUCTS OR NON-ALUMINUM OR NON-GALVANIZED STEEL PRODUCT PARTS, COMPONENTS OR ACCESSORIES SHALL NOT BE COVERED BY THIS WARRANTY. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD CONCAST, INC. SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF CONCAST, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretionINC. CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY CONCAST, INC. IN ITS SOLE DISCRETION. No Concast, Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warrantywarranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD CONCAST, INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORYLEGALTHEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY COSTS OF RECOVERING PROGRAMMING STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTOMISSIONS. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.OBTAINING WARRANTY SERVICE

Appears in 1 contract

Samples: www.concastinc.com

Exclusions and Limitations. USDD This Warranty Policy applies only to Product(s) manufactured by or for Bragi that are marked with the “Bragi” trade name or logo and contain a valid Bragi serial number which has not been removed or altered. This Warranty Policy does not apply to, and specifically excludes, the following: (a) consumable parts and accessories, such as FitSleeve parts, The Leash accessory and others; (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, third-party applications downloaded to the Product(s) or companion applications that connect to and communicate with the Product(s) or if any of the serial numbers have been removed or altered; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Xxxxx; (e) damage caused by use with non-Bragi products; (f) any non-Bragi hardware products or any software, even if packaged or sold with the Product(s); and (g) modifications of the Product(s) firmware or software by anyone other than Bragi. Bragi reserves the right to disable Product(s) if Xxxxx suspects fraud or if Xxxxx determines that the Product(s) are counterfeit, stolen or lost in shipment. Bragi does not warrant that the operation of is product or any related peripherals the Product(s) will be uninterrupted or error-free. USDD Xxxxx is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement use of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedProduct(s). TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD XXXXX IS NOT RESPONSIBLE FOR DIRECT, FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, LOSS OF USE; , LOSS OF REVENUE; , LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY; , LOSS OF ANTICIPATED SAVINGS; , LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL; , LOSS OF REPUTATION; and , OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTPRODUCT(S). USDD disclaims SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER THIS WARRANTY POLICY SETS FORTH THE FULL EXTENT OF XXXXX’S WARRANTY RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. To the extent the foregoing disclaimers are not permitted by applicable law, any representation that it will be able implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to repair any product under the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this Warranty or make a product exchange without risk limitation may not apply to or loss of the programs or data stored thereonyou.

Appears in 1 contract

Samples: d3gqasl9vmjfd8.cloudfront.net

Exclusions and Limitations. USDD does not warrant that Except for the operation of is product remedies expressly set forth above or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useextent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. This In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not apply to not, under any Hardware circumstances, cover defects resulting from: normal wear and tear or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively otherwise due to the manufacturer’s warranty, if any. Recovery and reinstallation normal aging of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanshipthe Product; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on portsunless failure has occurred due to a defect in manufacturing, materials or workmanship; (c) improper or unreasonable use or maintenance; failure to damage caused by use with non-USDD productsfollow operating instructions; (d) to accident; excess moisture; insects; damage caused by accident, abuse, misuse, floodfire, lightning, fireearthquake, earthquake or other external causescause; (e) power surges; connections to damage improper voltage supply; unauthorized alteration or modification of original condition; damages caused by operating the product outside the permitted inadequate packing or intended uses described by USDDshipping procedures; (f) loss of, damage to damage or failure corruption of stored data; damages caused by installation use with non-OtterBox products; Products that require modification or service (including upgrades adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and expansions) performed by anyone who is products purchased from unauthorized dealers that are not a representative of USDD or a USDD authorized installer or service provider; (g) subject to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedXxxxx’s quality controls. FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OTTER MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD XXXXX SPECIFICALLY DISCLAIMS ANY AND EXCLUDES ALL STATUTORY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSPURPOSE. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY AND TO THE EXTENT IS NOT PERMITTED BY LAW, USDD THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES, PROVINCES AND COUNTRIES DO NOT RESPONSIBLE ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR DIRECTPRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL OTTER, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM PUNITIVE DAMAGES, OF ANY BREACH OF WARRANTY OR CONDITIONNATURE WHATSOEVER, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS ARISING OUT OF THE USE OF MONEY; OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF ANTICIPATED SAVINGS; VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF GOODWILL; USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT OTTER HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATADATA CONTAINED IN THE FOREGOING DEVICES. USDD IS NOT RESPONSIBLE NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY INDIRECT LOSS REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR DAMAGE HOWSOEVER CAUSED GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE REPLACEMENT ENTIRE AGGREGATE LIABILITY OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, OTTER AND ANY FAILURE OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO MAINTAIN THE CONFIDENTIALITY AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATA STORED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCTABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. USDD disclaims any representation that it will THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS To submit a warranty claim, visit xxxxx://xxx.xxxxxxxx.xxx/en-us/warranty-claim or call 0-000-000-0000. Any warranty claims must be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.made by customer no later than sixty

Appears in 1 contract

Samples: files.bbystatic.com

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Exclusions and Limitations. USDD’s obligations under this Warranty are contingent on the End User providing USDD with VPN access or other means for remote access to the System for remote diagnosis. USDD does not warrant that the operation of is product the System, Hardware, Software, or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from CustomerEnd User’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used in conjunction with the System and for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defaced. If at any time during the Warranty Period, Customer operates the System in a virtualized environment not provided by USDD or on any server other than dedicated servers provided by USDD, this Warranty shall not apply to server performance or compatibility with the remainder of the System. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD IS NOT RESPONSIBLE FOR DIRECT, INDIRECT SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.any

Appears in 1 contract

Samples: Public Procurement Authority Master Price Agreement

Exclusions and Limitations. USDD This Warranty is contingent upon proper warehousing, shipment and substantiated normal use of the Axis Hardware, and specifically does not warrant that apply if the operation Axis Hardware has had the model or serial number altered, defaced or removed, or to defects attributable to (i) modifications to or alterations of is product the Axis Hardware by any party other than Axis, (ii) faulty maintenance, incorrect installation or faulty repair by any related peripherals will be uninterrupted party other than Axis, (iii) use of the Axis Hardware for a purpose for which it was not designed or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useintended, (iv) normal wear and tear or deterioration, or (v) misuse, abuse, negligence or accidents. This Warranty does not apply to any Axis Hardware that was purchased “as is” or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors where Axis, the seller or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively the liquidator expressly has disclaimed their warranty obligation pertaining to the manufacturer’s warrantyproduct. Also, the Warranty only applies to Axis Hardware purchased from an authorized distributor/reseller. Furthermore, this Warranty only applies if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who extent that it is not a representative of USDD in conflict with applicable export control regulations, sanctions or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedembargos. THE WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY APPLICABLE BETWEEN THE ORIGINAL PURCHASER AND AXIS WITH RESPECT TO THE AXIS HARDWARE AND NO OTHER WARRANTIES OF ANY KIND SHALL APPLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY AXIS DISCLAIMS AND REMEDIES EXCLUDES ALL OTHER WARRANTIES OTHER THAN THE EXPRESS WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONSABOVE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS INCLUDING ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE AND NON-INFRINGEMENT. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSAS SET FORTH HEREIN. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF LAWS UNDER SUCH JURISDICTIONS APPLY, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No resellerTHEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impairedAND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY AND OR TO THE MINIMUM EXTENT PERMITTED REQUIRED BY MANDATORY LAW, USDD IS NOT RESPONSIBLE NEITHER AXIS NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR DIRECT, ANY SPECIAL, INCIDENTAL INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR CONSEQUENTIAL INDIRECT LOSSES OR DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; DATA, LOSS OF REVENUE; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; PROFIT, REVENUE OR PRODUCTION, INTEREST ON INVESTMENTS, LOSS OF GOODWILL; LOSS , COST OF REPUTATION; CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS OR CLAIMS OF CUSTOMERS REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME. AXIS’ TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS UNDER THIS WARRANTY SHALL BE LIMITED TO AND IN NO CASE EXCEED THE PRICE PAID FOR THE AXIS HARDWARE. THESE LIMITATIONS ON POTENTIAL LIABILITIES HAVE BEEN AN ESSENTIAL CONDITION IN SETTING THE PRODUCT PRICE. Applicable Law ● This Warranty is governed by and LOSS OFconstrued under the laws of Sweden without regard to its conflicts of laws provisions. ● This Warranty is only applicable to Axis Hardware shipped out from an Axis configurations and Logistics Center prior to April 1st, DAMAGE TO OR CORRUPTION OF DATA2020. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT● This Warranty may be subject to Axis’ change at any time without prior notice. USDD disclaims any representation AXIS Communications 5 Year Warranty Policy Warranty Coverage Axis warrants the original purchaser (the distributor) that it the Axis hardware will be able free from defects in design, workmanship and materials under substantiated normal use for a period of five (5) years from the date of shipment from an Axis’ Configurations-and Logistics Center to, subject to repair any product under this the exclusions and limitations set out below. This Warranty or make a product exchange without risk is only applicable to or loss the Axis hardware and accessories included with the Axis Hardware on the date of the programs original purchase (hereinafter jointly referred to as “Axis Hardware”). The original purchaser shall without undue delay notify Axis of any defect that appears in the Axis Hardware in accordance with Axis’ RMA handling. Failure to notify Axis of said defect shall mean that the original purchaser loses the right to have the defect remedied. A valid form of bill of sale or data stored thereonreceipt, substantiating the purchase and the date thereof, must be presented to Axis within the warranty period to obtain warranty service. The sole remedy of the original purchaser and Axis’ sole and exclusive liability shall be limited to, at Axis’ sole discretion, ither repair of the Axis Hardware using new or refurbished replacement parts, or replacement of the Axis Hardware. Repaired Axis Hardware or replacement hardware products will be warranted under the terms set forth herein for the remainder of the original warranty period or ninety (90) days, whichever is longer. When the Axis Hardware or part thereof is replaced, all products or parts thereof that are replaced shall become the property of Axis. This Warranty is applicable in all countries and may be enforced by contacting Axis Support. For more -information, please visit xxx.xxxx.xxx/xxxxxxxx.

Appears in 1 contract

Samples: Tips Vendor Agreement

Exclusions and Limitations. USDD does not warrant that This Limited Warranty applies only to products manufactured by or for Concast, Inc., subject to the operation of is product or any related peripherals will be uninterrupted or error-freeconditions and limitations provided herein. USDD Concast, Inc., in so far as permitted by law, provides its products “AS IS”. Concast, Inc. is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials cosmetic or workmanship; (b) to cosmetic surface damage, including but not limited to scratches, dents and broken plastic on portschips that do not adversely impact the structural integrity of the product; (c) to damage caused by use with non-USDD products; (db) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causescauses or Acts of God; (ec) to damage caused by operating using the product outside the permitted or intended uses described by USDDConcast, Inc.; (fd) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service providerConcast, Inc.; (ge) to a product or part that has been modified to alter functionality functionality, structural integrity or capability without the written permission of USDDConcast, Inc.; (f) to any non-polymer concrete based products or (h) if non-polymer concrete based product parts, components or accessories, including, without limitation, any serial number has been removed cement, fiberglass, aluminum or defacedgalvanized steel products or product parts, components or accessories. ANY NON-POLYMER CONCRETE BASED PRODUCTS OR NON-POLYMER CONCRETE BASED PRODUCT PARTS, COMPONENTS OR ACCESSORIES SHALL NOT BE COVERED BY THIS WARRANTY. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD CONCAST, INC. SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by lawIF CONCAST, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretionINC. CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY CONCAST, INC. IN ITS SOLE DISCRETION. No Concast, Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warrantywarranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD CONCAST, INC. IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORYLEGALTHEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY COSTS OF RECOVERING PROGRAMMING STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTOMISSIONS. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.OBTAINING WARRANTY SERVICE

Appears in 1 contract

Samples: concastinc.com

Exclusions and Limitations. USDD does not warrant that Except for the operation of is product remedies expressly set forth above or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useextent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. This In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not apply to not, under any Hardware circumstances, cover defects resulting from: normal wear and tear or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively otherwise due to the manufacturer’s warranty, if any. Recovery and reinstallation normal aging of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanshipthe Product; (b) to cosmetic damage, including but not limited to scratches, dents dents, tears, holes, punctures, and broken plastic on portsunless failure has occurred due to a defect in manufacturing, materials or workmanship; (c) improper or unreasonable use or maintenance; failure to damage caused by use with non-USDD productsfollow operating instructions; (d) to accident; excess moisture; insects; damage caused by accident, abuse, misuse, floodfire, lightning, fireearthquake, earthquake or other external causescause; (e) power surges; connections to damage improper voltage supply; unauthorized alteration or modification of original condition; damages caused by operating the product outside the permitted inadequate packing or intended uses described by USDDshipping procedures; (f) loss of, damage to damage or failure corruption of stored data; damages caused by installation use with non-LifeProof products; Products that require modification or service (including upgrades adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and expansions) performed by anyone who is products purchased from unauthorized dealers that are not a representative of USDD or a USDD authorized installer or service provider; (g) subject to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedOtter’s quality controls. FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OTTER MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD XXXXX SPECIFICALLY DISCLAIMS ANY AND EXCLUDES ALL STATUTORY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSPURPOSE. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY AND TO THE EXTENT IS NOT PERMITTED BY LAW, USDD THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES, PROVINCES AND COUNTRIES DO NOT RESPONSIBLE ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR DIRECTPRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL OTTER, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM PUNITIVE DAMAGES, OF ANY BREACH OF WARRANTY OR CONDITIONNATURE WHATSOEVER, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS ARISING OUT OF THE USE OF MONEY; OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF ANTICIPATED SAVINGS; VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF GOODWILL; USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT OTTER HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATADATA CONTAINED IN THE FOREGOING DEVICES. USDD IS NOT RESPONSIBLE NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY INDIRECT LOSS REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR DAMAGE HOWSOEVER CAUSED GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE REPLACEMENT ENTIRE AGGREGATE LIABILITY OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, OTTER AND ANY FAILURE OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO MAINTAIN THE CONFIDENTIALITY AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATA STORED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCTABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. USDD disclaims any representation that it will be able to repair any product under this Warranty or make a product exchange without risk to or loss of the programs or data stored thereon.THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS

Appears in 1 contract

Samples: www.lifeproof.eu

Exclusions and Limitations. USDD does not warrant that Except for the operation of is product remedies expressly set forth above or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useextent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. This In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not apply to not, under any Hardware circumstances, cover defects resulting from: normal wear and tear or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively otherwise due to the manufacturer’s warranty, if any. Recovery and reinstallation normal aging of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanshipthe Product; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on portsunless failure has occurred due to a defect in manufacturing, materials or workmanship; (c) improper or unreasonable use or maintenance; failure to damage caused by use with non-USDD productsfollow operating instructions; (d) to accident; excess moisture; insects; damage caused by accident, abuse, misuse, floodfire, lightning, fireearthquake, earthquake or other external causescause; (e) power surges; connections to damage improper voltage supply; unauthorized alteration or modification of original condition; damages caused by operating the product outside the permitted inadequate packing or intended uses described by USDDshipping procedures; (f) loss of, damage to damage or failure corruption of stored data; damages caused by installation use with non-OtterBox products; Products that require modification or service (including upgrades adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and expansions) performed by anyone who is products purchased from unauthorized dealers that are not a representative of USDD or a USDD authorized installer or service provider; (g) subject to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedOtter’s quality controls. FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OTTER MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD XXXXX SPECIFICALLY DISCLAIMS ANY AND EXCLUDES ALL STATUTORY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSPURPOSE. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY AND TO THE EXTENT IS NOT PERMITTED BY LAW, USDD THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES, PROVINCES AND COUNTRIES DO NOT RESPONSIBLE ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR DIRECTPRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL OTTER, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM PUNITIVE DAMAGES, OF ANY BREACH OF WARRANTY OR CONDITIONNATURE WHATSOEVER, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS ARISING OUT OF THE USE OF MONEY; OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF ANTICIPATED SAVINGS; VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF GOODWILL; USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT OTTER HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATADATA CONTAINED IN THE FOREGOING DEVICES. USDD IS NOT RESPONSIBLE NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY INDIRECT LOSS REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR DAMAGE HOWSOEVER CAUSED GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE REPLACEMENT ENTIRE AGGREGATE LIABILITY OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, OTTER AND ANY FAILURE OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO MAINTAIN THE CONFIDENTIALITY AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATA STORED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCTABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. USDD disclaims any representation that it will THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS To submit a warranty claim, visit xxxxx://xxx.xxxxxxxx.xxx/en-us/warranty-claim or call 0- 000-000-0000. Any warranty claims must be able to repair any product under this Warranty or make a product exchange without risk to or loss made by customer no later than sixty (60) calendar days after the expiration of the programs or data stored thereonapplicable Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to Otter for inspection. Xxxxx reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.

Appears in 1 contract

Samples: files.bbystatic.com

Exclusions and Limitations. USDD This Warranty Policy applies only to Product(s) manufactured by or for Bragi that are marked with the “Bragi” trade name or logo and contain a or altered. This Warranty Policy does not apply to, and specifically excludes, the following: (a) consumable parts and accessories, such as FitSleeve parts, The Leash accessory and others; (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, third-party applications downloaded to the Product(s) or companion applications that connect to and communicate with the Product(s) or if any of the serial numbers have been removed or altered; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Xxxxx; (e) damage caused by use with non-Bragi products; (f) any non-Bragi hardware products or any software, even if packaged or sold with the Product(s); and (g) modifications of the Product(s) firmware or software by anyone other than Bragi. Bragi reserves the right to disable Product(s) if Xxxxx suspects fraud or if Xxxxx determines that the Product(s) are counterfeit, stolen or lost in shipment. Bragi does not warrant that the operation of is product or any related peripherals the Product(s) will be uninterrupted or error-free. USDD Xxxxx is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s use. This Warranty does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement use of such components shall be subject exclusively to the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with non-USDD products; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by USDD; (f) to damage or failure caused by installation or service (including upgrades and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedProduct(s). TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD XXXXX IS NOT RESPONSIBLE FOR DIRECT, FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, LOSS OF USE; , LOSS OF REVENUE; , LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY; , LOSS OF ANTICIPATED SAVINGS; , LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL; , LOSS OF REPUTATION; and , OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTPRODUCT(S). USDD disclaims SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER valid 7+,6 :$55$17< 32l,&< 6(76 )257+ 7+( )8ll (;7(17 2) RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. To the extent the foregoing disclaimers are not permitted by applicable law, any representation that it will be able implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to repair any product under the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this Warranty or make a product exchange without risk limitation may not apply to or loss of the programs or data stored thereonyou.

Appears in 1 contract

Samples: images-na.ssl-images-amazon.com

Exclusions and Limitations. USDD does not warrant that the operation of is product This Warranty Policy applies only to Product(s) manufactured by or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useBragi. This Warranty Policy does not apply to any Hardware or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively to to, and specifically excludes, the manufacturer’s warranty, if any. Recovery and reinstallation of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not applyfollowing: (a) to consumable parts, a)consumable parts such as batteries, unless damage has occurred due to a defect in materials or workmanshipworkmanship in the Product(s); (b) to normal wear and tear and cosmetic damage, including including, but not limited to to, scratches, dents and broken plastic on portsplastic; (c) to defects or damage caused by use with non-USDD productsmisuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage; (d) to damage caused by accident, abuse, misuse, flood, lightning, fire, earthquake or other external causes; (e) to damage caused by operating the product Product(s) outside the permitted or intended uses described by USDDXxxxx; (e) damage caused by use with non-Bragi products; (f) to damage any non-Bragi hardware products or failure caused by installation any software, even if packaged or service (including upgrades sold with the Product(s); and expansions) performed by anyone who is not a representative of USDD or a USDD authorized installer or service provider; (g) modifications of the Product(s) by anyone other than Bragi. Xxxxx is not responsible for damage arising from failure to a product or part that has been modified follow instructions relating to alter functionality or capability without the written permission use of USDD; or (h) if any serial number has been removed or defacedthe Product(s). TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, USDD XXXXX IS NOT RESPONSIBLE FOR DIRECT, FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING INCLUDING, BUT NOT LIMITED TO TO, LOSS OF USE; , LOSS OF REVENUE; , LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY; , LOSS OF ANTICIPATED SAVINGS; , LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL; , LOSS OF REPUTATION; and , OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA. USDD IS NOT RESPONSIBLE FOR ; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCTPRODUCT(S). USDD disclaims SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. DISCLAIMER 7+,6 :$55$17< 32l,&< 6(76 )257+ 7+( )8ll (;7(17 2) RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. To the extent the foregoing disclaimers are not permitted by applicable law, any representation that it will be able implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to repair any product under the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this Warranty or make a product exchange without risk limitation may not apply to or loss of the programs or data stored thereonyou.

Appears in 1 contract

Samples: images-na.ssl-images-amazon.com

Exclusions and Limitations. USDD does not warrant that Except for the operation of is product remedies expressly set forth above or any related peripherals will be uninterrupted or error-free. USDD is not responsible for damage arising from Customer’s failure to follow instructions relating to the product’s useextent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Products is with the customer, and the customer assumes the entire cost of repair should the Products prove defective following their purchase. This In addition to and without limiting the generality of the foregoing disclaimers, this Limited Warranty does not apply to not, under any Hardware circumstances, cover defects resulting from: normal wear and tear or Software (as defined below) not used for its intended purpose. This Warranty does not apply to monitors or televisions manufactured by third parties. Repair or replacement of such components shall be subject exclusively otherwise due to the manufacturer’s warranty, if any. Recovery and reinstallation normal aging of Hardware and user data (including passwords) are not covered under this Warranty. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanshipthe Product; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on portsunless failure has occurred due to a defect in manufacturing, materials or workmanship; (c) improper or unreasonable use or maintenance; failure to damage caused by use with non-USDD productsfollow operating instructions; (d) to accident; excess moisture; insects; damage caused by accident, abuse, misuse, floodfire, lightning, fireearthquake, earthquake or other external causescause; (e) power surges; connections to damage improper voltage supply; unauthorized alteration or modification of original condition; damages caused by operating the product outside the permitted inadequate packing or intended uses described by USDDshipping procedures; (f) loss of, damage to damage or failure corruption of stored data; damages caused by installation use with non-OtterBox products; Products that require modification or service (including upgrades adaptation to enable them to operate in any country other than the country for which they were designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications; and expansions) performed by anyone who is products purchased from unauthorized dealers that are not a representative of USDD or a USDD authorized installer or service provider; (g) subject to a product or part that has been modified to alter functionality or capability without the written permission of USDD; or (h) if any serial number has been removed or defacedXxxxx’s quality controls. FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER. WARRANTY DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH ABOVE, EACH PRODUCT IS PROVIDED SOLELY ON AN “AS IS” BASIS AND OTTER MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, USDD XXXXX SPECIFICALLY DISCLAIMS ANY AND EXCLUDES ALL STATUTORY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR IMPLIED WARRANTIESSTATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITYNON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTSPURPOSE. If USDD cannot lawfully disclaim statutory or implied warranties then to the extent permitted by law, all such warranties shall be limited in duration to the duration of this express Warranty and to repair or replacement service as determined by USDD in its sole discretion. No reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. EXCEPT AS PROVIDED IN THIS IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY AND TO THE EXTENT IS NOT PERMITTED BY LAW, USDD THE DURATION OF SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD APPLICABLE TO THE PRODUCT AS SET FORTH ABOVE. SOME STATES, PROVINCES AND COUNTRIES DO NOT RESPONSIBLE ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE APPLICABLE WARRANTY PERIOD SET FORTH IN THIS LIMITED WARRANTY, THEN THE APPLICABLE WARRANTY PERIOD FOR DIRECTPRODUCTS SUBJECT TO SUCH APPLICABLE LAW WILL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS LIMITED WARRANTY GIVES CUSTOMER SPECIFIC LEGAL RIGHTS AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE AND FROM COUNTRY TO COUNTRY. LIMITATION OF LIABILITY IN NO EVENT, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY, WILL OTTER, ITS DISTRIBUTORS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INCIDENTAL EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM PUNITIVE DAMAGES, OF ANY BREACH OF WARRANTY OR CONDITIONNATURE WHATSOEVER, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS ARISING OUT OF THE USE OF MONEY; OR INABILITY TO USE ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF ANTICIPATED SAVINGS; VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF GOODWILL; USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF OTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, CUSTOMER UNDERSTANDS AND AGREES THAT XXXXX HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CUSTOMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE CONTAINED INSIDE OR OUTSIDE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, SMARTPHONES, CELLULAR PHONES, OR OTHER HANDHELD DEVICES, OR ANY LOSS OF REPUTATION; and LOSS OF, DAMAGE TO OR CORRUPTION OF DATADATA CONTAINED IN THE FOREGOING DEVICES. USDD IS NOT RESPONSIBLE NOTWITHSTANDING ANY DAMAGES THAT CUSTOMER MIGHT INCUR FOR ANY INDIRECT LOSS REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR DAMAGE HOWSOEVER CAUSED GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE REPLACEMENT ENTIRE AGGREGATE LIABILITY OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH USDD PRODUCTS, OTTER AND ANY FAILURE OF ITS DISTRIBUTORS AND/OR SUPPLIERS WILL BE LIMITED TO MAINTAIN THE CONFIDENTIALITY AMOUNT ACTUALLY PAID BY CUSTOMER FOR ANY PRODUCT GIVING RISE TO LIABILITY. SOME STATES, PROVINCES, COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DATA STORED ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRODUCTABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO CUSTOMER. USDD disclaims any representation that it will THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WARRANTY CLAIM PROCESS To submit a warranty claim, visit xxxxx://xxx.xxxxxxxx.xxx/en-us/warranty-claim or call 0- 000-000-0000. Any warranty claims must be able to repair any product under this Warranty or make a product exchange without risk to or loss made by customer no later than sixty (60) calendar days after the expiration of the programs or data stored thereonapplicable Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to Otter for inspection. Xxxxx reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.

Appears in 1 contract

Samples: www.skywalker.com

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