3Built RES126VX Istruzioni per l'installazione - Pagina 2
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agreement, howsoever caused, but this will not imply or create any continued right to use the Product after
termination of this Agreement.
5.
LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS
OTHERWISE PROVIDED IN SECTION 3, IN NO EVENT WILL 3BUILT OR ITS AFFILIATES OR
SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER
INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR
LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF A 3BUILT
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS
OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW IN YOUR JURISDICTION. 3BUILT'S AGGREGATE LIABILITY AND THAT OF
ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE
LIMITED TO THE AMOUNT PAID FOR THE PRODUCT, IF ANY. THIS LIMITATION WILL APPLY EVEN
IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE
FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.
6.
INDEMNITY. You agree to hold 3Built harmless from any and all liabilities, losses, actions, damages, or claims
(including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on,
the Product, including, without limitation reliance on a)batteries, b) range, c) installation, d) performance, and e)
failure to exercise reasonable judgment. Nothing contained in this agreement limits 3Built's liability to you in the
event of death or personal injury resulting from 3Built's negligence or for the tort of deceit (fraud). 3Built is acting
on behalf of its affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations,
warranties and liability, but in no other respects and for no other purpose.
7.
GOVERNING LAW. This agreement will be governed by and construed in accordance with the substantive laws in
force in the State of California, if the Product is purchased when you are in the United States, Canada, or Mexico.
8.
GENERAL PROVISIONS. If any part of this agreement is found void and unenforceable, it will not affect the
validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This
agreement will not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be
modified by a writing signed by an authorized member of 3Built. This is the entire agreement between 3Built and
you relating to the Product and it supercedes any prior representations, discussions, undertakings, communications
or advertising relating to the Product.
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