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Host RJ-11 IP Gateway User Guide, version 46
Warranty Terms and Conditions
WARRANTY DISCLAIMER
THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES
AS TO CONDITION, DESCRIPTION, MERCHANTABILITY, NONINFRINGEMENT OR FIT
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NESS FOR A PARTICULAR PURPOSE. AIRLINK AUTHORIZED DEALER'S OR CUS-
TOMER'S SOLE AND EXCLUSIVE REMEDY WILL BE AIRLINK'S OBLIGATION TO
REPAIR OR REPLACE AS SET FORTH ABOVE. THIS WARRANTY DOES NOT COVER
PRODUCTS THAT DO NOT CONFORM TO SPECIFICATIONS BECAUSE OF ACCIDENT,
ALTERATIONS, FAILURE TO FOLLOW INSTRUCTIONS, USE OUTSIDE THE SCOPE OF
ANY OTHER PROVIDED DOCUMENTATION (E.G., USER GUIDE, INSTALLATION
GUIDE, QUICK START GUIDE), MISUSE, ABUSE, NEGLECT, FIRE, FLOOD OR ACTS OF
GOD.
LIMITATION OF LIABILITY
AIRLINK WILL IN NO EVENT BE LIABLE TO CUSTOMER OR TO ANY OTHER ENTITY
WHICH PURCHASES FROM AIRLINK OR USES ANY PRODUCTS SUPPLIED UNDER
THIS AGREEMENT FOR ANY CLAIM FOR INDIRECT, SPECIAL, RELIANCE, INCIDEN
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TAL OR CONSEQUENTIAL LOSSES, DAMAGES OR EXPENSES ARISING OUT OF THIS
AGREEMENT OR ANY OBLIGATION RESULTING THEREFROM FOR THE USE OR PER
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FORMANCE OF THE PRODUCTS, WHETHER IN AN ACTION BASED ON BREACH OF
WARRANTY (EXPRESS OR IMPLIED), BREACH OF CONTRACT, DELAY NEGLIGENCE,
STRICT TORT LIABILITY OR OTHERWISE. AIRLINK'S ENTIRE LIABILITY FOR ANY
CLAIM ARISING FROM ANY CAUSE WHATSOEVER, WHETHER FOR PRODUCTS
DELIVERED OR NOT DELIVERED, INCLUDING BUT NOT LIMITED TO THE MANUFAC
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TURE, SALE, DELIVERY, RESALE, REPAIR IN OR OUT OF WARRANTY, USE OR INABIL-
ITY TO USE ANY PRODUCTS, EITHER SEPARATELY OR IN COMBINATION WITH ANY
OTHER GOODS OR EQUIPMENT, WILL IN NO EVENT EXCEED THE LOWER OF THE
REPAIR OR REPLACEMENT COST OR PURCHASE PRICE OF THE PRODUCT WHICH
DIRECTLY GIVES RISE TO THE CLAIM. THIS CLAUSE WILL SURVIVE THE FAILURE
OF ANY EXCLUSIVE REMEDY AND THE EXPIRATION OF THESE WARRANTY TERMS.
General Conditions
AirLink shall have the right to assign any or all components of these Warranty Terms without the
prior written consent of the other party. AirLink shall not be liable to Customer for any alleged
loss or damages resulting from delays in performance (including for AirLink, loss or damages
resulting from delivery of the Products being delayed) caused by any act of God, fire, casualty,
flood, war, failure of public utilities, injunction or any act, exercise, assertion or requirement of
governmental authority, earthquake, labor strike, riot, accident, shortage, delay in transportation or
any other cause beyond the reasonable control of AirLink, and if AirLink shall have used its best
efforts to avoid such occurrence and minimize its duration and has given prompt written notice to
Customer, then AirLink's performance shall be excused and the time for performance shall be
extended for the period of delay or inability to perform due to such occurrence. All notices and
demands of any kind which either party may be required or desire to serve upon the other under the
terms of this Agreement shall be in writing and shall be served by personal service or by registered
mail, postage prepaid, to AirLink (Att: VP/Operations) at the address set forth at the beginning of
this Agreement, and to Customer, at the address provided by Customer to AirLink on the applica
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ble purchase order. If any provision of these Warranty Terms shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way