Cardo Schuberth SRC-SYSTEM Gebrauchsanleitung Seite 38

or property however caused, WHETHER ARISING FROM THE NEGLIGENCE OR
OTHERWISE, and which may hereafter accrue to you on some future date as a
result of said use, to the fullest extent permitted by law.
2. You fully understand and assume the risks in using the Device, including
risk of negligent acts or omissions by others.
3. You confirm that you are physically capable to use the Device and that you
have no medical conditions or needs that may infringe upon your abilities to
do so in a safe manner. You confirm that you are at least eighteen (18) years of
age and that you have been advised of the risks associated with the use of the
Device. You further confirm that you will not consume any alcohol that may
affect your alertness or any mind-altering substance, and will not carry, use or
consume these substances before or during the use of the Device.
4. You fully acknowledge our warnings and understand that: (a) risks and
dangers exist in using the Device while in traffic, including but not limited
to injury or illness, strains, fractures, partial and/or total paralysis, death or
other ailments that could cause serious disability; (b) these risks and dan-
gers may be caused by the negligence of the manufacturers or its agents
or any third party involved in designing or manufacturing the Device;
(c) these risks and dangers may arise from foreseeable or unforeseeable
causes. You hereby assume all risks and dangers and all responsibility for
any losses and/ or damages, whether caused in whole or in part by the
negligence or other conduct of others, including the Company.
5. You confirm that you have read this release of liability and fully under-
stand its terms and that you have given up substantial rights by not
returning the Device for a full refund (see refund option below).
disclaimer of warranty
THE COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES WITH
REGARD TO THE ENCLOSED DEVICE, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
38
QG SRC 137 - QG0160.indd 38
PURPOSE, AND NON-INFRINGEMENT. THE DEVICE AND ITS ACCESSORIES
ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY
KIND BEYOND THOSE ASSUMED IN THE ENCLOSED MANUAL.
limitation of liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INDI-
RECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEqUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THE
DEVICE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE DEVICE
WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE
STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.
RETuRn foR full REfund
If You aRE unwIllIng To aCCEpT and agREE To ThE aBovE Con-
dITIonS, You MaY RETuRn ThIS dEvICE To ThE RESEllER oR To
ThE CoMpanY foR a full REfund, pRovIdEd ThaT You do So no
laTER Than 7 BuSInESS daYS followIng ThE puRChaSE of ThE
dEvICE (proof of purchase required) and SuBJECT To ThE wRappIng
BEIng InTaCT. whEn doIng So, plEaSE REfER To ThIS SECTIon. BY
noT RETuRnIng ThE dEvICE foR REfund wIThIn ThE pERIod pRo-
vIdEd, You aRE ExplICITlY In agREEMEnT wITh ThE aBovE, and
REnounCE all RIghTS To fuTuRE ClaIMS and dEMandS agaInST
ThE CoMpanY aS dEfInEd aBovE.
www.schuberth.com
10/29/09 12:17 PM