limitation on warranties and liability

Subject: limitation on warranties and liability
From: Frederick Falk <ftf -at- ABMDATA -dot- COM>
Date: Tue, 26 Mar 1996 11:48:28 -0600

...and I quote from the 2cd page of our Accounting manual:

IN NO EVENT WILL ABM DATA SYSTEMS, INC., BE LIABLE FOR ANY INCI-
DENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS) ARISING OUT OF OR RELATING TO THIS PUBLICATION OR
THE INFORMATION CONTAINED IN IT, EVEN IF ABM DATA SYSTEMS, INC.,
HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOW OF THE POSSIBILITY
OF SUCH DAMAGES.

This is just part of the lawyerize found in the front of our
manual, but what I found interesting was the part about "knew"
or "should have known", or for that matter, having been "advised"
of the matter and done nothing about it. Does anyone else have
anything similar in their docs? Has anyone ever had their "no
warranty/no responsibility" challenged (sp?) by the courts? If
so, what was the circumstances and the verdict? Any thoughts?
--
Frederick "Magic Fingers" Falk
ftf -at- abmdata -dot- com
All hard work brings a profit, but mere talk
leads only to poverty. Proverbs 14:23


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