Warranty

YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY
ARISING FROM ANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS,
INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL,
AND INCLUDING ATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF,
OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM
TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS
NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY.
EXCLUSIVE WARRANTY: THE LIMITED WARRANTY OR WARRANTIES DESCRIBED HEREIN CONSTITUTE THE SOLE
WARRANTY OR WARRANTIES TO THE PURCHASER. ALL IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING:
THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR USE AND THE WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT AND/OR ANY WARRANTY
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your
person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation
for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by Warrantors’
negligence. The warrantors assume no liability for installation of the Product and/or interruptions of the service due to strikes, riots,
floods, fire, and/or any cause beyond Seller’s control, further subject to the limitations expressed in any License Agreement or other
Agreement provided by Warrantors to purchaser.
The agreement between the Warrantors and the Purchaser, including but not limited to the terms and conditions herein shall not be
governed by the Convention for the International Sale of Goods. Where applicable, the Uniform Commercial Code as adopted by the
State of Delaware shall apply.
4. PROCEDURE FOR OBTAINING PERFORMANCE OF WARRANTY: In the event that the Product does not conform to this war-
ranty, the Product should be shipped or delivered freight prepaid to a Warrantor with evidence of original purchase.
5. LEGAL REMEDIES AND DISCLAIMER: Some jurisdictions may not allow, or may place limits upon, the exclusion and/or limitation
of implied warranties, incidental damages and/or consequential damages for some types of goods or products sold to consumers and/
or the use of indemnification terms. Thus, the exclusions, indemnification terms and limitations set out above may not apply, or may be
limited in their application, to you. If the implied warranties can not be excluded, and the applicable law permits limiting the duration of
implied warranties, then the implied warranties herein are to be limited to the same duration as the applicable written warranty or war
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ranties herein. The warranty or warranties herein may give you specific legal rights that will depend upon the applicable law. You may
also have other legal rights depending upon the law in your jurisdiction.
6. CHOICE OF FORUM AND CHOICE OF LAW: In the event that a dispute arises out of or in connection with this Limited Warranty,
then any claims or suits of any kind concerning such disputes shall only and exclusively be brought in either the Court of Common
Pleas of Delaware County, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania.
Regardless of the place of contracting or performance, this Limited Warranty and all questions relating to its validity, interpretation, per
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formance and enforcement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard
to the principles of conflicts of law.
Effective date 05/01/2004
PHONETICS, INC. d.b.a. SENSAPHONE
901 Tryens Road
Aston, PA 19014
Phone: [phone] Fax: [phone]
www.sensaphone.com