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109Appendices
Appendix E — TalkSwitch One-Year Warranty
The Original end-user customer acknowledges that he or she has read the limited One-
Year Warranty and Warranty Disclaimers and understands the same and agrees to be
bound by its terms and conditions.
TalkSwitch, a division of Centrepoint Technologies Inc. (“TalkSwitch”) warrants to
the original end-user customer ("Customer") that each new TalkSwitch product
shall be substantially free from defects in materials and workmanship under normal
use for a period of one (1) year from the date of the original purchase (proof of
purchase required). The exclusive remedy and entire liability under this warranty
will be for repair or replacement on a like-for-like basis at TalkSwitch’s option.
The above warranty shall not apply to product defects resulting from (a) improper
maintenance or installation; (b) misuse, neglect or accident; (c) damage from
moisture or corrosive environments; (d) use of the power adapter with supply voltages
other than that for which it is specified; (e) static discharges; (f) high voltage surges;
(g) electrostatic discharges; (g) operation outside the product's specification; or (h)
failure to follow product instructions.
The warranty is void where (a) the serial number has been altered, removed or
effaced; or (b) the product has been used in an application, country, region, locality,
or connected to any network, other than those for which the product was intended
to operate.
TalkSwitch shall not have any obligation to repair or replace product until the
Customer returns defective product to TalkSwitch. Any replacement product may be
either new or like-new, and may contain remanufactured parts, equivalent to new
in performance.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, AND TO THE
EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND STORAGE MEDIA
ARE SUPPLIED ON AN “AS IS” BASIS AND THERE ARE NO WARRANTIES,
REPRESENTATIONS OR CONDITIONS WHETHER EXPRESSED OR IMPLIED,
WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF
DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE PRODUCT.
TALKSWITCH SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL TALKSWITCH BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST
PROFITS, LOST DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL OR PUNITIVE
DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING WITHOUT