User's Manual

71
Service (Customer Care)
Gigaset S790/S795 / USA-CAN EN / A31008-M2121-R301-1-3S19 / appendix.fm / 28.07.2009
Version 4, 16.09.2005
6. LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER
DAMAGES
Your exclusive remedy for any breach of this
limited warranty is as set forth above. Except for
any refund elected by Gigaset NAM, YOU ARE
NOT ENTITLED TO ANY DAMAGES, INCLUD-
ING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Product does not meet the
limited warranty , and, to the maximum extent
allowed by applicable law, even if any remedy
fails of its essential purpose. The terms below
("Exclusion of Incidental, Consequential and
Certain Other Damages") are also incorporated
into this limited warranty . Some states/jurisdic-
tions/provinces do not allow the exclusion or
limitation of incidental or consequential dam-
ages, so the above limitation or exclusion may
not apply to you. This limited warranty gives
you specific legal rights. You may have others
which vary from state/jurisdiction/province to
state/jurisdiction/province.
7. DISCLAIMER OF WARRANTIES
GIGASET NAM AND ITS SUPPLIERS PROVIDE THE
PRODUCT AND SUPPORT SERVICES (IF ANY) AS
IS AND WITH ALL FAULTS. THE LIMITED WAR-
RANTY IS IN LIEU OF ANY OTHER EXPRESS WAR-
RANTIES (IF ANY) CREATED BY ANY DOCUMEN-
TATION OR PACKAGING EXCEPT FOR THE LIM-
ITED WARRANTY, AND TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW IS IN
LIEU OF ANY IMPLIED OR STATUTORY WARRAN-
TIES, 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 PRO-
VIDE SUPPORT SERVICES. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET
ENJOYMENT, QUIET POSSESSION, OR CORRE-
SPONDENCE TO DESCRIPTION OR NONIN-
FRINGEMENT WITH REGARD TO THE PRODUCT.
Some states/jurisdictions/provinces do not
allow limitations on how long an implied war-
ranty lasts or the exclusion or limitation of inci-
dental or consequential damages, so the above
exclusions or limitations may not apply to you.
If an implied warranty or condition is created by
your state/province and federal or state/provin-
cial law prohibits disclaimer of it, you also have
an implied warranty or condition, BUT ONLY AS
TO DEFECTS DISCOVERED 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/
province to province. In no event shall Gigaset
NAM's liability exceed the cost of repairing or
replacing defective Products as provided
herein, and any such liabilities will terminate
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 warranty or con-
dition, 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
NAM, 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 INTER-
RUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY
INCLUDING OF GOOD FAITH OR OF REASON-
ABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSO-
EVER) 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 OTHER-
WISE 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 NAM OR SELLER OR ANY SUPPLIER,
AND EVEN IF GIGASET NAM OR SELLER OR ANY
SUPPLIER HAS BEEN ADVISED OF THE POSSIBIL-
ITY OF SUCH DAMAGES. REPAIR OR REPLACE-
MENT, AS PROVIDED UNDER THE WARRANTY, IS
YOUR SOLE AND EXCLUSIVE REMEDY FOR
BREACH OF THE LIMITED WARRANTY.