RULE, SPECIFICATION OR
CONTRACT PERTAINING
THERETO.
11. CRICKET SHALL NOT BE LIABLE
FOR SPECIAL, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF
ANTICIPATED BENEFITS OR
PROFITS, LOSS OF SAVINGS
OR REVENUE, LOSS OF DATA,
PUNITIVE DAMAGES, LOSS OF
USE OF THE PRODUCT OR ANY
ASSOCIATED EQUIPMENT, COST
OF CAPITAL, COST OF ANY
SUBSTITUTE EQUIPMENT OR
FACILITIES, DOWNTIME, THE
CLAIMS OF ANY THIRD PARTIES,
INCLUDING CUSTOMERS, AND
INJURY TO PROPERTY,
RESULTING FROM THE
PURCHASE OR USE OF THE
PRODUCT OR ARISING FROM
BREACH OF THE WARRANTY,
BREACH OF CONTRACT,
NEGLIGENCE, STRICT TORT, OR
ANY OTHER LEGAL OR
EQUITABLE THEORY, EVEN IF
CRICKET KNEW OF THE
LIKELIHOOD OF SUCH DAMAGES.
CRICKET SHALL NOT BE LIABLE
FOR DELAY IN RENDERING
SERVICE UNDER THE LIMITED
WARRANTY, OR LOSS OF USE
DURING THE PERIOD THAT THE
PRODUCT IS BEING REPAIRED.
NOTHING CONTAINED IN THE
INSTRUCTION MANUAL SHALL BE
CONSTRUED TO CREATE AN
EXPRESS WARRANTY OF ANY
KIND WHATSOEVER WITH
RESPECT TO THE PRODUCT. ALL
IMPLIED WARRANTIES AND
CONDITIONS THAT MAY ARISE BY
OPERATION OF LAW, INCLUDING
IF APPLICABLE THE IMPLIED
WARRANTIES OF
MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE,
ARE HEREBY LIMITED TO THE
SAME DURATION OF TIME AS
THE EXPRESS WRITTEN
WARRANTY STATED HEREIN.
12. Some states do not allow
34
Warranty
Warranty
35
limitation of how long an implied
warranty lasts, so the one (1) year
warranty limitation may not apply
to you (the Consumer). Some
states do not allow the exclusion
or limitation of incidental and
consequential damages, so
certain of the above limitations or
exclusions may not apply to you
(the Consumer). this Limited
Warranty gives the Consumer
specific legal rights and the
Consumer may also have other
rights which vary from state to
state.
13. Cricket neither assumes nor
authorizes any authorized service
center or any other person or
entity to assume for it any other
obligation or liability beyond that
which is expressly provided for in
this Limited Warranty including the
provider or seller of any extended
warranty or service agreement.
14. This is the entire warranty
between Cricket and the
Consumer, and supersedes all
prior and contemporaneous
agreements or understandings,
oral or written, relating to the
Product, and no representation,
promise or condition not
contained herein shall modify
these terms. the agents,
employees, distributors, and
dealers of Cricket are not
authorized to make modifications
to this Limited Warranty, or make
additional warranties binding on
Cricket. accordingly, additional
statements such as dealer
advertising or presentation,
whether oral or written, do not
constitute warranties by Cricket
and should not be relied upon.
15. This Limited Warranty allocates
the risk of failure of the Product
between the Consumer and
Cricket. The allocation is
recognized by the Consumer and
is reflected in the purchase price.
16. IF ANY PORTION OF THIS
LIMITED WARRANTY IS HELD
ILLEGAL OR UNENFORCEABLE
