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206 Section 4B. Manufacturer’s Warranty
What Are the Limits on SAMSUNG’s Liability?
EXCEPT AS SET FORTH IN THE EXPRESS WARRANTY
CONTAINED HEREIN, PURCHASER TAKES THE PRODUCT
"AS IS," AND SAMSUNG MAKES NO WARRANTY OR
REPRESENTATION AND THERE ARE NO CONDITIONS,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF ANY
KIND WHATSOEVER WITH RESPECT TO THE PRODUCT,
INCLUDING BUT NOT LIMITED TO:
“THE MERCHANTABILITY OF THE PRODUCT OR ITS FITNESS
FOR ANY PARTICULAR PURPOSE OR USE;
“WARRANTIES OF TITLE OR NON-INFRINGEMENT;
“DESIGN, CONDITION, QUALITY, OR PERFORMANCE OF THE
PRODUCT;
“THE WORKMANSHIP OF THE PRODUCT OR THE
COMPONENTS CONTAINED THEREIN; OR
“COMPLIANCE OF THE PRODUCT WITH THE REQUIREMENTS
OF ANY LAW, RULE, SPECIFICATION OR CONTRACT
PERTAINING THERETO.
NOTHING CONTAINED IN THE INSTRUCTION MANUAL SHALL
BE CONSTRUED TO CREATE AN EXPRESS WARRANTY OF
ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCT.
ALL IMPLIED WARRANTIES AND CONDITIONS THAT MAY
ARISE BY OPERATION OF LAW, INCLUDING IF APPLICABLE
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY
LIMITED TO THE SAME DURATION OF TIME AS THE EXPRESS
WRITTEN WARRANTY STATED HEREIN. SOME STATES/
PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN ADDITION, SAMSUNG SHALL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
RESULTING FROM THE PURCHASE, USE, OR MISUSE OF, OR
INABILITY TO USE THE PRODUCT OR ARISING DIRECTLY OR
INDIRECTLY FROM THE USE OR LOSS OF USE OF THE
PRODUCT OR FROM THE BREACH OF THE EXPRESS
WARRANTY, INCLUDING INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR SIMILAR DAMAGES, OR LOSS OF
ANTICIPATED PROFITS OR BENEFITS, OR FOR DAMAGES
ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR
GROSS NEGLIGENCE) OR FAULT COMMITTED BY
SAMSUNG, ITS AGENTS OR EMPLOYEES, OR FOR ANY
BREACH OF CONTRACT OR FOR ANY CLAIM BROUGHT
AGAINST PURCHASER BY ANY OTHER PARTY. SOME
STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
VARY FROM STATE TO STATE/PROVINCE TO PROVINCE. THIS
LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE
OTHER THAN THE ORIGINAL PURCHASER OF THIS
PRODUCT AND STATES PURCHASER'S EXCLUSIVE REMEDY.
IF ANY PORTION OF THIS LIMITED WARRANTY IS HELD
ILLEGAL OR UNENFORCEABLE BY REASON OF ANY LAW,
SUCH PARTIAL ILLEGALITY OR UNENFORCEABILITY SHALL
Sprint M540.book Page 206 Tuesday, April 7, 2009 3:38 PM