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Appendix
18
SELLER SPECIFICALLY DISCLAIMS
LIABILITY FOR ANY AND ALL
DIRECT, INDIRECT, SPECIAL,
GENERAL, PUNITIVE, EXEMPLARY,
AGGRAVATED, INCIDENTAL OR
CONSEQUENTIAL DAMAGES,
EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES,
WHETHER FORESEEABLE OR
UNFORESEEABLE OF ANY KIND
WHATSOEVER, INCLUDING BUT
NOT LIMITED TO LOSS OF
PROFITS, UNANTICIPATED
BENEFITS OR REVENUE,
ANTICIPATED PROFITS ARISING
OUT OF USE OF OR INABILITY TO
USE ANY PRODUCT (FOR
EXAMPLE, WASTED AIRTIME
CHARGES DUE TO THE
MALFUNCTION OF A PRODUCT)
OR CONTRIBUTION OR
INDEMNITY IN RESPECT OF ANY
CLAIM RELATED TO A PRODUCT.
REPAIR OR REPLACEMENT OF A
DEFECTIVE PRODUCT OR REFUND
OF THE PURCHASE PRICE
RELATING TO A DEFECTIVE
PRODUCT, AS PROVIDED UNDER
THIS WARRANTY, ARE YOUR SOLE
AND EXCLUSIVE REMEDIES FOR
BREACH OF THE LIMITED
WARRANTY, AND SUBJECT TO
THIS WARRANTY, THE PRODUCTS
ARE APPROVED AND ACCEPTED
BY YOU ‘AS IS’. SELLER MAKES NO
OTHER WARRANTIES,
REPRESENTATIONS OR
CONDITIONS OF ANY KIND, ORAL,
EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, WITH RESPECT
TO THE PRODUCTS, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED
WARRANTY OR CONDITION OF
MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR
AGAINST INFRINGEMENT OR ANY
IMPLIED WARRANTY OR
CONDITION ARISING OUT OF
TRADE USAGE OR OUT OF A
COURSE OF DEALING OR COURSE
OF PERFORMANCE. NO DEALER,
DISTRIBUTOR, AGENT OR
EMPLOYEE IS AUTHORIZED TO
20


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