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tr, LIMITED WARRANTY American Bell Inc. ("ABI") warrants that this product is in good working order on the date title passes to Customer. For products not already in Customer's possession, title passes to Customer on the date of shipment from ABI. For products already in Customer's possession, title passes to Customer on the date Customer's order is accepted by ABI. ABI further warrants that it will repair the product, without charge for parts and labor, if it fails to work if Customer notifies ABI within one (1) year from the date title passes to Customer of such failure. If ABI determines that the product cannot be placed in good working order, ABI, at its option, may either replace the product or refund the purchase price. Repair parts may be new or equivalent to new in performance. They will be furnished on an exchange basis, and the returned parts will become the property of ABI. During the warranty period Customer must advise ABI of any change in the street address of the product. The warranty will only apply to products located within the conterminous forty-eight (48) United States. If Customer modifies the product during the warranty period and such modification, in ABI's opinion, impedes ABI's testing or repairs of the product or creates a safety hazard, the modification must be removed at Customer's expense, or Customer will pay any extra costs ABI incurs because of the modification. Warranty Exclusions This warranty does not cover damages, defects, malfunctions or product failures caused by: (a) Customer's failure to follow ABI's installation, operation or maintenance instructions; (b) Customer's modification of the product; (c) Customer's abuse, misuse or negligent acts; and (d) Power failure or surges, fire, flood, accident, actions of third parties and other events outside ABI's control. EXCEPT AS SPECIFICALLY MADE HEREIN, ABI AND ITS AFFILIATED SUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DIS- CLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither ABI nor its affiliates, subsidiaries, parent corporation, or any of its parent's affiliates or subsid- iaries shall be liable for any indirect, incidental or consequential damages (including lost profits) sustained or incurred in connection with installation, maintenance or repair of the product or caused by product defects or the partial or total failure of the product, regardless of the form of action, whether in contract, tort including negligence, strict liability, or otherwise and whether or not such damages were foreseen or unforeseen. Customer's sole remedy against ABI or any affiliated subcontractor or supplier for loss or damage caused by product defects or partial or total failure of the products, or arising in connection with the installation, maintenance or repair of the product or arising from any breach of warranty regardless of the form of action, whether in contract, tort including negligence, strict liability or otherwise, will be the repair, replacement or refund as set forth above and the lesser of (a) the amount of actual direct damages which are proven or (b) the equivalent of one (1) month's recurring charges for the product which would apply if the product was provided on a month-to-month service agreement at the time of loss.