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65
THOSE IMPLIED BY LAW AND WHICH
CANNOT BE EXCLUDED OR MODIFIED
BY AGREEMENT, PHILIPS PROVIDES NO
OTHER WARRANTY WHETHER
EXPRESS OR IMPLIED (WHETHER BY
STATUTE, UNDER THE OPERATION OF
LAW OR OTHERWISE) AND SPECIALLY
DISCLAIMS ANY WARRANTY OF
SATISFACTORY QUALITY
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
PHILIPS’ TOTAL LIABILITY FOR
DAMAGES RELATING TO OR ARISING
OUT OF THE PURCHASE OR USE OF THE
PRODUCT, REGARDLESS OF THE TYPE
OR CAUSE OF SUCH DAMAGE OR THE
FORM OR CHARACTERISATION OF THE
CLAIM ASSERTED (E.G. CONTRACT OR
TOPIT), SHALL NOT EXCEED THE
ORIGINAL PURCHASE PRICE PAID FOR
THE PRODUCT.
HOWEVER IN NO EVENT SHALL PHILIPS
BE LIABLE FOR ANY PUNITIVE,
SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES (INCLUDING
BUT NOT LIMITED TO THE LOSS OF USE,
LOSS OF TIME, INCONVENIENCE,
COMMERIAL LOSS, LOST PROFITS,
LOST BUSINESS OPPORTUNITIES, COST
OF SUBSTITUTION OF GOODS OR
SERVICES, INVESTMENTS, DAMAGE TO
GOODWILL OR REPUTATION, OR LOSS
OF DATA AND CLAIMS BY THIRD
PARTIES) RESULTING FROM PURCHASE
OR USE OF THE PRODUCT, TO THE
FULLEST EXTENT ALLOWED BY LAW,
WHETHER OR NOT PHILIPS HAS BEEN
ADVISED OF THE POSSIBILTY OF SUCH
DAMAGES. THESE LIMITATIONS SHALL
APPLY NOTWITHSTANDING THE
FAILURE OF THE ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
This limited warranty represents the complete
and exclusive agreement between the
Consumer and Philips with respect to this
cellular Product and it supercedes all prior
agreements between the parties, oral or written,
and all other communications between the
parties relating to the subject matter of this
limited warranty. No carrier, retailer, agent,
dealer, employee, thereof, or employee of
Philips is authorized to make modifications to
this limited warranty and you should not rely on
any such representation.
This limited warranty does not affect the
Consumer’s statutory rights under applicable
national laws in force.
66


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