NetDisk User Manual Network Direct Attached Storage / NDAS
—————————————————————————————————————————————
The above limitation shall not apply to damages for bodily injuries (including death) and damages to real
property and tangible personal property for which XIMETA is legally liable.
2. UNDER NO CIRCUMSTANCES IS XIMETA, ITS SUPPLlERS OR RESELLERS LlABLE FOR ANY OF
THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILlTY: 1) LOSS OF, OR DAMAGE TO,
DATA; 2) INCIDENTAL OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL
DAMAGES; 3) LOST PROFITS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE
EVENT THAT GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
GERMANY
The warranty for an XIMETA Product covers the functionality of the Product for its normal use and the
Product's conformity to its Specifications.
In case XIMETA or your reseller is unable to repair an XIMETA Product, you can alternatively ask for a partial
refund as far as justified by the reduced value of the unrepaired Product or ask for a cancellation of the
respective agreement for such Product and get your money refunded.
During the warranty period, transportation for delivery of the failing Product to XIMETA will be at XIMETA's
expense.
The limitations and exclusions specified in the Statement of Limited Warranty will not apply to damages caused
by XIMETA with fraud or gross negligence and for express warranty
.
IRELAND
Except as expressly provided in these terms and conditions, all statutory conditions, including all warranties
implied, but without prejudice to the generality of the foregoing all warranties implied by the Sale of Goods Act
1893 or the Sale of Goods and Supply of Services Act 1980 are hereby excluded.
XIMETA is liable to no more than
1. Death or personal injury or physical damage to the owners real property solely caused by XIMETA's
negligence;
2. the amount of any other actual direct damages, up to 125 percent of the charges (if recurring, the 12 months'
charges apply) for the Product that is the subject of the claim or which otherwise gives rise to the claim.
ITALY
Unless otherwise provided by mandatory law XIMETA's liability, will be limited to the total amount the owner
paid for the Product that is the subject of the claim.
Unless otherwise provided by mandatory law, XIMETA and your reseller are not liable for any indirect
damages, even if XIMETA or your reseller is informed of their possibility.
www.XIMETA.de
—————————————————————————————————————————————
59