Use and Care Manual

LIMITED WARRANTY (CONT.)
ARBITRATION: ARBITRATION:
This Limited Warranty is governed by the Federal Arbitration Act. Any dispute between
Purchaser and HCC regarding or related to the Product or to this Limited Warranty shall be
resolved by binding arbitration only on an individual basis with Purchaser. Arbitration will be
conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer
Arbitration Rules or by JAMS. The arbitration hearing shall be before one arbitrator appointed by
the AAA or JAMS. The arbitrator shall not conduct class arbitration and Purchaser shall not bring
any claims against HCC in a representative capacity on behalf of others.
LIMITATION OF LIABILITY: LIMITATION OF LIABILITY:
This Limited Warranty is the final, complete and exclusive agreement between HCC and
Purchaser regarding the Product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED
ABOVE. NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE SHALL APPLY AFTER THE LIMITED WARRANTY PERIOD STATED
ABOVE. NO OTHER EXPRESS WARRANTY OR GUARANTY GIVEN BY ANY PERSON, FIRM
OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON HCC. HCC
ASSUMES NO RESPONSIBILITY THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR
PURPOSE, EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW. HCC SHALL NOT BE
LIABLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER
BENEFITS, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
CAUSED BY THE USE, MISUSE OR INABILITY TO USE THE PRODUCT, REGARDLESS OF THE
LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF HCC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NO RECOVERY OF ANY KIND AGAINST
HCC SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCT.
WITHOUT LIMITING THE FOREGOING, YOU ASSUME ALL RISK AND LIABILITY FOR
LOSS, DAMAGE OR INJURY TO YOU AND YOUR PROPERTY AND TO OTHERS AND THEIR
PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE PRODUCT NOT
CAUSED DIRECTLY BY THE NEGLIGENCE OF HCC. THIS LIMITED WARRANTY STATES
YOUR EXCLUSIVE REMEDY.
No oral or written representation or commitment given by anyone, including but not limited
to, an employee representative or agent of HCC will create a warranty or in any way increase
the scope of this express Limited Three Year Warranty. If there is any inconsistency between
this Limited Warranty and any other agreement or statement included with or relating to the
Product, this Limited Warranty shall govern. If any provision of this Limited Warranty is found
invalid or unenforceable, it shall be deemed modified to the minimum extent necessary to make
it enforceable and the remainder of the Limited Warranty shall remain valid and enforceable
according to its terms.
INTERACTION OF LAWS WITH THIS LIMITED WARRANTY: INTERACTION OF LAWS WITH THIS LIMITED WARRANTY:
Some states, provinces or territories may not allow limitations on how long an implied
warranty lasts or the exclusion or limitation of incidental or consequential damages, so the
above limitations or exclusions may not apply to you. Some states, provinces or territories may
provide for additional warranty rights and remedies, and the provisions contained in this Limited
Warranty are not intended to limit, modify, take away from, disclaim or exclude any mandatory
warranty requirements provided by states, provinces or territories, including certain implied
warranties. This warranty gives you specific legal rights, and you may also have other rights
which vary depending on location.
Any questions about this Limited Warranty may be directed to:
Hestan Commercial Corporation at [phone]
©2020 Hestan Commercial Corporation
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