Magellan eXplorist 510 Guia De Inicio Rapido página 20

6. EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. MAGELLAN SHALL NOT BE
LIABLE TO THE PURCHASER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
DAMAGES ARISING FROM A DELAY OR LOSS OF USE, OR OUT OF THE BREACH OF THIS
WARRANTY OR ANY IMPLIED WARRANTY EVEN IF CAUSED BY THE NEGLIGENCE OR ANOTHER
FAULT OF MAGELLAN OR OUT OF THE NEGLIGENT USAGE OF THE PRODUCT. IN NO EVENT WILL
MAGELLAN BE HELD RESPONSIBLE FOR SUCH DAMAGES, EVEN IF MAGELLAN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some national, state, or local laws do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
This provision shall not affect purchaser's statutory rights under applicable laws in force in purchaser's
locality. PURCHASER MAY HAVE OTHER RIGHTS WHICH VARY FROM LOCALITY TO LOCALITY.
7. COMPLETE AGREEMENT. This written warranty is the complete, final and exclusive agreement between
Magellan and the purchaser with respect to the quality of performance of the goods and any and all
warranties and representations.
THIS WARRANTY SETS FORTH ALL OF MAGELLAN'S RESPONSIBILITIES REGARDING THIS
PRODUCT. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS. YOU MAY HAVE OTHER RIGHTS
WHICH VARY FROM LOCALITY TO LOCALITY (including Directive 1999/44/EC in the EC Member
States) AND CERTAIN LIMITATIONS CONTAINED IN THIS WARRANTY MAY NOT APPLY TO YOU.
8. CHOICE OF LAW. To the extent permitted by applicable law, this limited warranty is governed by the laws
of California, without reference to its conflict of law provisions or the U.N. Convention on Contracts for the
International Sale of Goods, and shall benefit Magellan, its successors and assigns.
This warranty does not affect the consumer's statutory rights under applicable laws in force in their locality, or
the customer's rights against the dealer or reseller arising from their sales/purchase contract.
Statutory warranty rights in France
Notwithstanding the guarantee thus granted, the seller shall remain bound by the contract in regard to any
lack of conformity of the product and any latent defect, as provided for in Articles 1641 to 1649 of the Civil
Code.
Article L. 211-4 of the Consumer Code provides that the seller shall deliver a product which conforms to the
contract and shall warrant the consumer in the event of non conformity upon delivery. The seller is also liable
for any non conformity which may result from the packaging, assembly instructions, or from the installation
when he was in charge of the installation under the contract or when the installation was implemented under
his responsibility.
Article L. 211-5 of the Consumer Code provides that, in order to conform to the contract, the product shall:
1° Fit for the use usually expected from a similar product and, if any:
- correspond to the description given by the seller and have the same characteristics as those presented by
the seller to the purchaser under samples or models;
- have the characteristics that a purchaser may legitimately expect in the light of public statements made by
the seller, by the producer or his representative and in particular in advertising or on labeling;
2° Or, have the characteristics defined by the common agreement of the parties or fit for a particular use
sought by the purchaser, communicated to the seller and accepted by the seller.
en
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