W Box Technologies WBXML1853 Manual Del Usuario página 18

2. Exclusion of Warranties, Limitation of Liability
THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON
THE FACE HEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL ADI BE LIABLE
TO ANYONE FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING IN ANY WAY TO THE PRODUCT AND.OR FOR BREACH OF THIS OR ANY
OTHER WARRANTY OR CONDITION, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY
WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY ADI‟S OWN NEGLIGENCE OR FAULT AND
EVEN IF ADI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Any product
description (whether in writing or made orally by ADI or ADI‟s agents), specifications, samples,
models, bulletin, drawings, diagrams, engineering sheets, or similar materials used in connection
with the Buyer's order are for the sole purpose of identifying ADI's products and shall not be
construed as an express warranty or condition. Any suggestions by ADI or ADI's agents regarding
use, applications or suitability of the products shall not be construed as an express warranty or
condition unless confirmed to be such in writing by ADI. ADI does not represent that the products it
sells may not be compromised or circumvented; that the products will prevent any personal injury
or property loss by burglary, robbery, fire or otherwise, or that the products will in all cases
provide adequate warning or protection. Buyer understands and will cause its customer to
understand that a properly installed and maintained product is not insurance or guarantee that
such will not cause or lead to personal injury or property loss. CONSEQUENTLY ADI SHALL HAVE NO
LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON ANY CLAIM AT
ALL INCLUDING A CLAIM THAT THE PRODUCT FAILED TO GIVE WARNING. However, if ADI is held
liable whether directly or indirectly for any loss or damage with respect to the products it sells,
regardless of cause or origin, its maximum liability shall not in any case exceed the purchase price
of the product, which shall be fixed as liquidated damages and not as a penalty and shall be the
complete and exclusive remedy against ADI.
FOR THE AVOIDANCE OF DOUBT, ADI DOES NOT SEEK HEREUNDER TO EXCLUDE OR RESTRICT ITS
LIABILITY IN RELATION TO (I) FRAUD, (II) DEATH OR PERSONAL INJURY DIRECTLY RESULTING FROM
ITS NEGLIGENCE OR (III) ANY MATTER IN RESPECT OF WHICH, BY LAW, IT IS NOT PERMITTED TO
RESTRICT ITS LIABILITY.
3. Limitation on Liability to Buyer's Customers
Buyer agrees to limit liability to its customers to the fullest extent permitted by law. Buyer
acknowledges that ADI shall only be deemed to give consumers of its products such statutory
warranties as may be required by law and at no time shall Buyer represent to its customers and/or
users of ADI products that ADI provides any additional warranties. By accepting the products, to the
fullest extent permitted by law, Buyer assumes all liability for, and agrees to indemnity and hold
ADI harmless against and defend ADI from, any and all suits, claims, demands, causes of action and
judgments relating to damages, whether for personal injury or to personal property, suffered by
any person, firm, corporation or business association, including but not limited to, Buyer's
customers and/or users of the products because of any failure of the products to detect and/or
warn of the danger for which the goods were designed or any other failure of the products whether
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