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Limited warranty – Hestan 48 Inch Freestanding Dual Fuel Range Use and Care Manual User Manual

Page 54

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©2019 Hestan Commercial Corporation

52

EN

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 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 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 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.

LIMITED WARRANTY

(CONTINUED)