Caberg Just SpeakS Руководство пользователя - Страница 13

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JUST SPEAK S

By way of purchasing this Device and not returning it for a full refund (see

below), you are irrevocably releasing, indemnifying from any liability, loss,

claim and expense (including attorney's fees) and holding Caberg harmless

for any bodily injuries, harm or death as well as losses or damages in goods,

to any Vehicles including your own, or to any property or asset that belong to

you or to third parties, any of which may result from using the Device under

any circumstances or conditions and irrespective of jurisdiction. Caberg

will not be responsible for any physical damages, irrespective of reasons,

conditions or circumstances, including malfunctioning of the Device, and all

risks associated with operating it rest solely and entirely with the user of this

Device, irrespective of whether the Device is used by the original purchaser

or any third party.

Caberg hereby notifies you that using this Device may also be in

contravention to local, federal, state or national laws or regulations, and

that any use of the Device is entirely at your sole risk and responsibility.

1. You, your heirs, legal representatives, successors or assigns, hereby

voluntarily and forever release, discharge, indemnify and hold harmless

Caberg from any and all litigation, claims, debts, demands, actions and

liability which may arise, directly or indirectly, from using the Device for

any distress, pain, suffering, discomfort, loss, injury, death, damages

to or in respect to any person or property however caused, WHETHER

ARISING FROM THE NEGLIGENCE OR OTHERWISE, and which may

hereafter accrue to you on some future date as a result of said use, to

the fullest extent permitted by law.

2. You fully understand and assume the risks in using the Device, including

risk of negligent acts or omissions by others.

3. You confirm that you are physically capable to use the Device and that

you have no medical conditions or needs that may infringe upon your

abilities to do so in a safe manner. You confirm that you are at least

eighteen (18) years of age and that you have been advised of the risks

associated with the use of the Device. You further confirm that you will

not consume any alcohol that may affect your alertness or any mind-

altering substance, and will not carry, use or consume these substances

before or during the use of the Device.

4. You fully acknowledge our warnings and understand that: (a) risks and

dangers exist in using the Device while in traffic, including but not limited

to injury or illness, strains, fractures, partial and/or total paralysis, death

or other ailments that could cause serious disability; (b) these risks

and dangers may be caused by the negligence of the manufacturers

or its agents or any third party involved in designing or manufacturing

the Device; (c) these risks and dangers may arise from foreseeable or

unforeseeable causes. You hereby assume all risks and dangers and all

responsibility for any losses and/or damages, whether caused in whole

or in part by the negligence or other conduct of others, including the

Company.

5. You confirm that you have read this release of liability and fully understand

its terms and that you have given up substantial rights by not returning

the Device for a full refund (see refund option below).

Two-year Limited Warranty

Caberg S.p.A. ("Caberg") warrants that this product ("Product") shall conform

to and perform in accordance with published technical specifications and

the accompanying written materials, and shall be free of defects in materials

and workmanship, for a period of two (2) year from the date of purchase by

the first consumer purchaser of the Product. The limited warranty extends

only to the original consumer purchaser of the Product and is not assignable

or transferable to any subsequent purchaser/end-user.

This warranty is limited to the repair and/or replacement, at Caberg's

discretion, of defective or non-conforming Product, and Caberg shall not

be responsible for the failure of the Product to perform specified functions,

or any other non-conformance caused by or attributable to: (a) any

misapplication or misuse of the Product; (b) failure of Customer to adhere

to any of Caberg's specifications or instructions; (c) neglect of, abuse

of, or accident to, the Product; or (d) any associated or complementary

equipment or software not furnished by Caberg.

Limited warranty service may be obtained by delivering the Product to

Caberg or to the international distributor it was purchased through and

providing proof of purchase or receipt date. Customer agrees to insure the

Product or assume the risk of loss or damage in transit, to prepay shipping

JUST SPEAK S

charges to Caberg, and to use the original shipping container or equivalent.

Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED HEREIN, CABERG MAKES NO

WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT

TO ANY EQUIPMENT, PARTS OR SERVICES PROVIDED PURSUANT

TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR PURPOSE. NEITHER CABERG NOR ITS DEALER SHALL

BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED

TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL

DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT

(INCLUDING NEGLIGENCE AND STRICT LIABILITY), SUCH AS, BUT NOT

LIMITED TO, LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING

FROM, OR ARISING OUT OF, OR IN CONNECTION WITH THE USE OF

FURNISHING OF EQUIPMENT, PARTS OR SERVICES HEREUNDER OR

THE PERFORMANCE, USE OR INABILITY TO USE THE SAME, EVEN IF

CABERG OR ITS DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. IN NO EVENT WILL CABERG OR ITS DEALERS TOTAL

LIABILITY EXCEED THE PRICE PAID FOR THE PRODUCT.

Return for Full Refund

IF YOU ARE UNWILLING TO ACCEPT AND AGREE TO THE ABOVE

CONDITIONS, YOU MAY RETURN THIS DEVICE TO CABERG FOR A FULL