Cell Phone User's Guide

149
CLAIMS, DEMANDS, ACTIONS, OR CAUSES OF
ACTION (INCLUDING ALL ACTIONS BY THIRD
PARTIES) ARISING OUT OF THE USE OR
ATTEMPTED USE OF THE COMPANY’S
SERVICE TO ACCESS 911 OR OTHER
EMERGENCY SERVICES.
19. NO WARRANTY (SERVICE) – NEITHER
COMPANY NOR NEXTEL MAKES ANY
WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE
TO CUSTOMER IN CONNECTION WITH ITS USE
OF THE SERVICE. IN NO EVENT SHALL
COMPANY OR NEXTEL BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL OR OTHER
INDIRECT DAMAGES TO THE FULL EXTENT
THE SAME MAY BE DISCLAIMED BY LAW.
CUSTOMER ACKNOWLEDGES THAT SERVICE
INTERRUPTIONS WILL OCCUR FROM TIME TO
TIME, AND AGREES TO HOLD COMPANY AND
NEXTEL HARMLESS FOR ALL SUCH
INTERRUPTIONS.
20. NO WARRANTY (EQUIPMENT) – NEITHER
COMPANY NOR NEXTEL MAKES ANY
WARRANTIES OR REPRESENTATIONS OF ANY
KIND, STATUTORY, EXPRESS OR IMPLIED, TO
CUSTOMER OR TO ANY OTHER PURCHASER
OF THIS EQUIPMENT. WITHOUT LIMITING THE
FOREGOING, NEITHER COMPANY NOR
NEXTEL MAKES ANY EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER HEREBY WAIVES, AS AGAINST
COMPANY AND NEXTEL ALL OTHER
WARRANTIES, GUARANTEES, CONDITIONS,
OR LIABILITIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE. IN NO
EVENT SHALL COMPANY, OR NEXTEL BE
LIABLE FOR CONSEQUENTIAL, SPECIAL, OR
INCIDENTAL DAMAGES, WHETHER OR NOT
OCCASIONED BY THEIR NEGLIGENCE AND
INCLUDING, WITHOUT LIMITATION, LIABILITY
FOR ANY LOSS OR DAMAGE RESULTING
FROM THE INTERRUPTION OR FAILURE IN
THE OPERATION OF ANY EQUIPMENT SOLD
OR OTHERWISE PROVIDED HEREUNDER.
THERE ARE NO WARRANTIES THAT EXTEND
BEYOND THE DESCRIPTION CONTAINED
HEREIN. CUSTOMER ASSUMES THE ENTIRE
RISK AS TO THE QUALITY AND
PERFORMANCE OF THE EQUIPMENT.
UNLESS OTHERWISE AGREED BY COMPANY,
IF THE EQUIPMENT PROVES DEFECTIVE, THE
COSTS OF ALL NECESSARY SERVICING AND
REPAIR WILL BE BORNE BY CUSTOMER.