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Other warranty limitations, Disclaimer of warranties, Your use of the product – Western Digital Computer Hard Drive User Manual

Page 36: Limitation of remedies, Limitation of damages, No consequential or other damages

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WESTERN DIGITAL HARD DRIVE

APPENDIX - 32

INSTALLATION GUIDE

Other Warranty Limitations
For further important information on limitations on WD's warranty, see below and visit our
product support Web site at support.wdc.com and click on Warranty Policy.

Disclaimer of Warranties
There are no warranties which extend beyond the face of the WD limited warranty. WD
disclaims all other warranties, express or implied, regarding the Products, including any
implied warranties of merchantability, fitness for a particular purpose or noninfringement.
In the United States, some laws do not allow the exclusion of the implied warranties.

Your Use of the Product
WD will have no liability for any Product returned if WD determines that:

!

The product was stolen from WD.

!

The asserted defect:

A. is not present,

B. cannot reasonably be fixed because of damage occurring when the Product is in the

possession of someone other than WD, or

C. is attributable to misuse, improper installation, alteration (including removing or

obliterating labels), accident or mishandling while in the possession of someone
other than WD.

!

The Product was not sold to you as new.

Limitation of Remedies
Your exclusive remedy for any defective Product is limited to the repair or replacement of
the defective Product.

WD may elect which remedy or combination of remedies to provide in its sole discretion.
WD shall have a reasonable time after determining that a defective Product exists to repair or
replace a defective Product. WD's replacement Product under its limited warranty will be
manufactured from new and serviceable used parts. WD's warranty applies to repaired or
replaced Products for the balance of the applicable period of the original warranty or ninety
days from the date of shipment of a repaired or replaced Product, whichever is longer.

Limitation of Damages
WD's entire liability for any defective Product shall in no event exceed the purchase price
for the defective Product. This limitation applies even if WD cannot or does not repair or
replace any defective Product and your exclusive remedy fails of its essential purpose.

No Consequential or Other Damages
WD has no liability for general, consequential, incidental or special damages. These include
loss of recorded data, the cost of recovery of lost data, lost profits and the cost of the
installation or removal of any Products, the installation of replacement Products, and any
inspection, testing, or redesign caused by any defect or by the repair or replacement of
Products arising from a defect in any Product.