Hestan KDW24-OV Use and Care Manual download pdf (Page 36)

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notied of within the Limited Warranty Period; and incidental and consequential damages caused by any

defective material or workmanship.

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:

This Limited Warranty is the nal, 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

Two 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 modied 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:

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 specic 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 (888) 905-7463

LIMITED WARRANTY

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Hestan KDW24-OV Use and Care Manual Page 36

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