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This warranty does not cover a product (a) used in other than its normal and
customary manner; (b) subjected to misuse; (c) subjected to alterations, modi-
fications or repairs by the Customer of by any party other than ATN without
prior written consent of ATN; (d) special order or “close-out” merchandise or
merchandise sold “as-is” by either ATN or the ATN dealer; or (e) merchandise
that has been discontinued by the manufacturer and either parts or replace-
ment units are not available due to reasons beyond the control of ATN. ATN
shall not be responsible for any defects or damage that in ATN’s opinion is
a result from the mishandling, abuse, misuse, improper storage or improper
operation, including use in conjunction with equipment which is electrically
or mechanically incompatible with or of inferior quality to the product, as well
as failure to maintain the environmental conditions specified by the manufac-
turer. This warranty is extended only to the original purchaser. Any breach of
this warranty shall be waived unless the customer notifies ATN at the address
noted below within the applicable warranty period.
The customer understands and agrees that except for the foregoing warranty,
no other warranties written or oral, statutory, expressed or implied, including
any implied warranty of merchantability or fitness for a particular purpose,
shall apply to the product. All such implied warranties are hereby and express-
ly disclaimed.
LIMITATION OF LIABILITY
ATN will not be liable for any claims, actions, suits, proceedings, costs,
expenses, damages or liabilities arising out of the use of this product. Op-
eration and use of the product are the sole responsibility of the Customer.
ATN’s sole undertaking is limited to providing the products and services
outlined herein in accordance with the terms and conditions of this Agree-
ment. The provision of products sold and services performed by ATN to
the Customer shall not be interpreted, construed, or regarded, either ex-
pressly or implied, as being for the benefit of or creating any obligation
toward any third party of legal entity outside ATN and the Customer; ATN’s
obligations under this Agreement extend solely to the Customer. ATN’s li-
ability hereunder for damages, regardless of the form or action, shall
not exceed the fees or other charges paid to ATN by the customer or
customer’s dealer. ATN shall not, in any event, be liable for special,
indirect, incidental, or consequential damages, including, but not
limited to, lost income, lost revenue, or lost profit, whether such dam-
ages were foreseeable or not at the time of purchase, and whether
or not such damages arise out of a breach of warranty, a breach of
agreement, negligence, strict liability or any other theory of liability.
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