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4B. Manufacturer’s Warranty 171
Warranty
third party, including but not limited to any subsequent
purchaser or owner of the Product. Transfer or resale of a
Product will automatically terminate warranty coverage with
respect to it.
This limited warranty covers batteries only if battery capacity
falls below 80% of rated capacity or the battery leaks. Also this
limited warranty does not cover any battery if (i) the battery has
been charged by a battery charger not specified or approved
by KCI for charging the battery, (ii) any of the seals on the
battery are broken or show evidence of tampering, or (iii) the
battery has been used in equipment other than the Kyocera
device for which it is specified.
This limited warranty covers the Product only as originally
supplied and does not cover and is void with respect to the
following: (i) Products which have been improperly installed,
repaired, maintained or modified (including the antenna); (ii)
Products which have been subjected to misuse (including
Products used in conjunction with hardware electrically or
mechanically incompatible or Products used with software,
accessories, goods or ancillary or peripheral equipment not
supplied or expressly authorized by KCI for use), abuse,
accident, physical damage, abnormal use or operation,
improper handling or storage, neglect, exposure to fire, water or
excessive moisture or dampness or extreme changes in
climate or temperature; (iii) Products operated outside
published maximum ratings; (iv) cosmetic damage; (v)
Products on which warranty stickers or Product serial numbers
have been removed, altered, or rendered illegible; (vi) customer
instruction; (vii) cost of installation, set up, removal or
reinstallation; (viii) signal reception problems (unless caused by
defect in material or workmanship); (ix) damage the result of
fire, flood, acts of God or other acts which are not the fault of
KCI and which the Product is not specified to tolerate, including
damage caused by mishandling and blown fuses; (x)
consumables (such as memory cards, fuses, etc.); (xi) third
party software or applications, data and equipment not
originally supplied with the Product; (xii) any Product in which
the software has not been updated to the current version; (xiii)
any Product in which the operating system has been unlocked
(allowing installation of a third party operating system); or (xiv)
any Products which have been opened, repaired, modified or
altered by anyone other than KCI or a KCI authorized service
center. Before returning any Product for service, be sure to
back up data and remove any confidential, proprietary, or
personal information from the Product. KCI is not responsible
for damage to or loss of any software, applications, data or
removable storage media.
This warranty is valid only in the United States.
REPAIR OR REPLACEMENT, AS HERE IN ABOVE PROVIDED,
IS YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF
THE LIMITED WARRANTY. KCI SHALL HAVE NO LIABILITY
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, LOST
SALES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT, OR
ANTICIPATED PROFITS ARISING OUT OF USE OR INABILITY
TO USE ANY PRODUCT (FOR EXAMPLE, WASTED AIRTIME