remedy in case a material defect in a product shall be discovered and reported as
required herein. Risco's obligation and the Warranty are contingent upon the
full payment by customer for such Product and upon a proven weekly testing
and examination of the product functionality.
Limitations. The Product Warranty is the only warranty made by Risco with
respect to the Products. The warranty is not transferable to any third party. To
the maximum extent permitted by applicable law, the Product Warranty does
not apply and will be void if: (i) the conditions set forth above are not met
(including, but not limited to, full payment by customer for the product and a
proven weekly testing and examination of the product functionality); (ii) if the
Products or any part or component thereof: (a) have been subjected to improper
operation or installation; (b) have been subject to neglect, abuse, willful damage,
abnormal working conditions, failure to follow Risco's instructions (whether
oral or in writing); (c) have been misused, altered, modified or repaired without
Risco's written approval or combined with, or installed on products, or
equipment of the customer or of any third party; (d) have been damaged by any
factor beyond Risco's reasonable control such as, but not limited to, power
failure, electric power surges, or unsuitable third party components and the
interaction of software therewith or (e) any delay or other failure in performance
of the product attributable to any means of communications, provided by any
third party service provider (including, but not limited to) GSM interruptions,
lack of or internet outage and/or telephony failure.
BATTERIES ARE EXPLICITLY EXCLUDED FROM THE WARRANTY AND
RISCO SHALL NOT BE HELD RESPONSIBLE OR LIABLE IN RELATION
THERETO, AND THE ONLY WARRANTY APPLICABLE THERETO, IF ANY,
IS THE BATTERY MANUFACTURER'S WARRANTY.
Risco makes no other warranty, expressed or implied, and makes no warranty of
merchantability or of fitness for any particular purpose. For the sake of good
order and avoidance of any doubt:
DISCLAIMER. EXCEPT FOR THE WARRANTIES SET FORTH HEREIN,
RISCO AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED
OR STATUTORY, REPRESENTATIONS, WARRANTIES, GUARANTEES,
AND CONDITIONS WITH REGARD TO THE PRODUCTS, INCLUDING
BUT NOT LIMITED TO ANY REPRESENTATIONS, WARRANTIES,
GUARANTEES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND LOSS OF DATA. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, RISCO AND ITS
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