Re: limitation on warranties and liability

Subject: Re: limitation on warranties and liability
From: Carl Rudorf <crudorf -at- CCMGATE -dot- MBSBOOKS -dot- COM>
Date: Tue, 26 Mar 1996 15:38:53 CST

On Tuesday, March 26, 1996 Frederick Falk wrote:

<snip>This is just part of the lawyerize found in the front of our
manual<snip>

Here's ours:

THE INFORMATION AND MATERIAL CONTAINED IN THIS DOCUMENT ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
ANY WARRANTY CONCERNING THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SUCH
INFORMATION OR MATERIAL OR THE RESULTS TO BE OBTAINED FROM USING SUCH
INFORMATION OR MATERIAL. XYZ, Inc SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER OR OTHER INACCURACIES IN THE
INFORMATION OR MATERIAL CONTAINED IN THIS DOCUMENT, AND IN NO EVENT SHALL XYZ,
Inc BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF SUCH INFORMATION OR MATERIAL.

...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.

<snip>Has anyone ever had their "no warranty/no responsibility" challenged (sp?)
by the courts?<snip>

No, this has never been challenged. However, if a *high profile* customer calls
us on the carpet, management will devote unlimited programming resources to help
them recover.


carl rudorf
crudorf -at- mbsbooks -dot- com

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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