Siemens Gigaset SL565 Specifications download pdf (Page 62)

Appendix

7. DISCLAIMER OF WARRANTIES

GIGASET USA AND ITS SUPPLIERS PROVIDE THE PRODUCT AND SUPPORT SERVICES (IF

ANY) AS IS AND WITH ALL FAULTS. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER

EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING

EXCEPT FOR THE LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW IS IN LIEU OF ANY IMPLIED OR STATUTORY WARRANTIES, INCLUDING,

BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS

FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF

RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLI-

GENCE, ALL WITH REGARD TO THE PRODUCT, AND THE PROVISION OF OR FAILURE TO

PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE,

QUIET ENJOYMENT, QUIET POSSESSION, OR CORRESPONDENCE TO DESCRIPTION OR

NON-INFRINGEMENT WITH REGARD TO THE PRODUCT. Some states or provinces do not

allow limitations on how long an implied warranty lasts or the exclusion or limitation of

incidental or consequential damages, so the above exclusions or limitations may not

apply to you (applies only in the U.S. and Canada). If an implied warranty or condition is

created by your state/province and federal or state/provincial law prohibits disclaimer of

it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOV-

ERED DURING THE PERIOD OF THIS LIMITED WARRANTY (ONE YEAR). AS TO ANY DEFECTS

DISCOVERED AFTER THE ONE YEAR PERIOD, THERE IS NO WARRANTY OR CONDITION OF

ANY KIND. This limited warranty gives you specific legal rights, and you may also have

other rights which vary from state to state or from province to province (applies only in

the U.S. and Canada). In no event shall GIGASET USA's liability exceed the cost of repair-

ing or replacing defective Products as provided herein, and any such liabilities will termi-

nate upon expiration of the warranty period.

Any supplements or updates to the Product or the software in the Product, including

without limitation, any (if any) software fixes or upgrades or bug fixes provided to you

after the expiration of the one year Limited Warranty period are not covered by any war-

ranty or condition, express, implied or statutory.

8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER

DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL

GIGASET USA, SELLER OR THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,

INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED

TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR

BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO

MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLI-

GENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT

OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE

PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN

CONNECTION WITH ANY PROVISION OF THIS LIMITED WARRANTY, EVEN IN THE EVENT OF

THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR

BREACH OF WARRANTY OF GIGASET USA OR SELLER OR ANY SUPPLIER, AND EVEN IF

GIGASET USA OR SELLER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. REPAIR OR REPLACEMENT, AS PROVIDED UNDER THE WARRANTY, IS

YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE LIMITED WARRANTY.

9. LIMITATION OF LIABILITY AND REMEDIES

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSO-

EVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL

DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF GIGASET USA, SELLER AND

ANY OF THEIR SUPPLIERS UNDER ANY PROVISION OF THIS LIMITED WARRANTY AND YOUR

EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR

OR REPLACEMENT ELECTED BY GIGASET USA OR SELLER OR SUPPLIER WITH RESPECT TO

ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE

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