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Iqua
NOTHING IN THESE TERMS EXCLUDES OR LIMITS IN ANY WAY IQUA’S LIABILITY UNDER ENGLISH LAW FOR
(A) DEATH OR PERSONAL INJURY CAUSED BY IQUA’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT
MISREPRESENTATION; (C) ANY BREACH OF THE OBLIGATIONS IMPLIED BY SECTION 12 OF THE SALE OF
GOODS ACT 1979; OR (D) DEFECTIVE PRODUCTS UNDER THE CONSUMER PROTECTION ACT 1987.
CONSIDERATION: YOU HEREBY ACKNOWLEDGE THAT IQUA’S PRICING IS MADE IN RELIANCE UPON THE
LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN,
AND THAT THE CONSIDERATION FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN
THESE TERMS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES; TO THE
EXTENT SUCH LAWS APPLY, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD PARTY SOFTWARE: YOU MAY USE THIRD-PARTY SOFTWARE OR EQUIPMENT IN CONJUNCTION
WITH THE DEVICE. IQUA MAKES NO WARRANTIES OR REPRESENTATIONS AND THERE ARE NO
CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES,
OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT,
INCLUDING THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE DEVICE. THE
QUALITY, CAPABILITIES, OPERATIONS PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY
SOFTWARE OR EQUIPMENT LIE SOLELY WITH YOU AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF
SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT, AS THE CASE MAY BE.
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