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24
Service (Customer Care)
QUENTIAL 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 Inci-
dental, Consequential and Certain Other Damages") are also incorporated into this limited warranty . Some
states/jurisdictions/provinces do not allow the exclusion or limitation of incidental or consequential damages,
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 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 NEGLIGENCE, 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 NONINFRINGEMENT WITH REGARD TO THE
PRODUCT. Some states/jurisdictions/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. 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 DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (ONE YEAR). AS TO ANY DEFECTS DIS-
COVERED 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/prov-
ince 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 war-
ranty period are not covered by any warranty 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 NAM, SELLER OR
THEIR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHAT-
SOEVER (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 NEGLIGENCE, 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 OTH-
ERWISE 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 WAR-
RANTY OF GIGASET NAM OR SELLER OR ANY SUPPLIER, AND EVEN IF GIGASET NAM OR SELLER OR ANY SUP-
PLIER 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 WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE
ENTIRE LIABILITY OF GIGASET NAM, 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 NAM OR SELLER OR SUPPLIER WITH RESPECT TO ANY
BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY
YOU FOR THE PRODUCT OR FIVE DOLLARS ($5.00 USD/CAN). THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY
FAILS ITS ESSENTIAL PURPOSE.
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