[EMAIL PROTECTED],Internet writes:
>It is understood and agreed that seller=B9s liability *whether in >contract,
in tort, under any warranty, in negligence or otherwise*,
This is an attempt by the seller to wiggle out of his responsibility
for the product which might be specified by another clause in his
contract with the buyer, the provisions of civil law, the product
warranty or any additional warranty called for under consumer laws,
and for reasons of his own negligence as well as things not his fault.
>shall not exceed the return of the amount of the purchase price
>paid by purchaser and under no circumstances shall seller be liable
>for *special, indirect or consequential damages*.
The seller is saying his liability will be for no more than the actual
purchase price and, in addition, will cover ONLY direct damage to the
product, not damage which results from its being defective--i.e., if
his product fried your circuit-boards, destroyed your data, put you
in default on a multi-million-dollar contract or rendered you laible
for penalties and fines, he won't pay a dime. Also, he won't pay a
dime for any other compensation you might be entitled to under the
laws of your jurisdiction.
>The price stated for the equipment is a consideration in limiting
>seller=B9s liability. No action, regardless of form, arising out of the
>transactions may be brought by purchaser more than one year *after the
>cause of action has accrued*.
AND you can only sue the seller for the original cost if you file
your lawsuit within one year from the date the product proved
itself defective, even in cases where the law allows you a longer
period to bring suit.
Why anyone would buy anything from an <expletive deleted>
who sets out to intimidate his customers into thinking their
legal rights no longer apply is completely beyond me.
Does this help at all?
Regards,
Judyth
