3 HAMPTONBAY.COM
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Limited Warranty (continued)
LIMITED WARRANTY CLAIMS PROCEDURE
Company shall review each such claim and issue Customer a
return merchandise authorization (“RMA”) in the event that the
described defect or condition merits warranty review as determined
by Company. Customers who have been issued a RMA shall, at
Company’s election, return the covered item to the same physical
address listed above for reporting initial claims. Company shall not
accept any returned product without a RMA.
Upon receipt, Company will evaluate the returned product(s) to
determine if there is a warranty claim and, if so, how Company
wishes to remedy the same. During a covered product’s respective
limited warranty period, Company will, at Company’s sole and
absolute option and discretion:
(1) repair the defective component or product without charge or
(2) replace the defective component or product without charge.
Refunds are not available pursuant to this limited warranty.
Customer is solely responsible for transportation of the covered
product(s) to the Company for evaluation (if applicable and
requested by Company). In the event that Company determines that
a claim under this limited warranty is justified, Company shall be
responsible for transportation of the repaired, corrected, replaced
or exchanged product back to Customer. Customer shall be solely
responsible for the transportation of any product back to Customer
if Company determines that a claim under this warranty is not
justified.
Any repaired, corrected, replaced or exchanged Products shall
be subject to the Limited Warranty set forth to the duration of the
original limited warranty period as set forth in Section LIMITED
WARRANTY ON PRODUCTS and not for any extended duration,
following their repair, correction, replacement or exchange.
IF A COMPANY PRODUCT DOES NOT CONFORM TO THESE LIMITED
WARRANTIES, THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY
IS, AT COMPANY’S SOLE AND EXCLUSIVE OPTION, THE (1) REPAIR
OF ANY DEFECTIVE PRODUCT OR COMPONENT PART OR (2)
REPLACEMENT OF ANY DEFECTIVE PRODUCT OR COMPONENT
PART. THE LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE
ARE EXCLUSIVE AND MADE IN LIEU OF ALL OTHER WARRANTIES,
REMEDIES, RIGHTS OR CONDITIONS, WHETHER ORAL OR WRITTEN,
EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
COMPANY SPECIFICALLY DISCLAIMS, WITHOUT LIMITATION, ANY
AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND.
IF COMPANY CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES
UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES,
INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION
TO THE DURATION OF THIS LIMITED WARRANTY. The Company does
not assume or authorize any person to assume for them any other
liability in connection with the Products.
EXCLUSION AND LIMITATION OF LIABILITY
IN NO EVENT, WHETHER BASED ON CONTRACT OR TORT OR OTHER
LEGAL THEORY, SHALL COMPANY BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES TO OTHER PROPERTY,
INCONVENIENCE, DAMAGES FOR LOSS OF PROFITS, REVENUE,
GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR
IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states do not allow the
exclusion or limitation of incidental or consequential damages or
exclusions or limitations on the duration of implied warranties or
conditions, so the above limitations or exclusions may not apply
to Customer. In jurisdictions that limit the scope of or preclude
limitations or exclusion of remedies or damages, or of liability, such
as liability for gross negligence or willful misconduct or do not
allow implied warranties to be excluded, the limitation or exclusion
of warranties, remedies, damages or liability set forth above are
intended to apply to the maximum extent permitted by applicable
law. This limited warranty gives the Customer specific legal rights,
and the Customer may also have other rights that vary by state,
country or other jurisdiction.
SEVERABILITY
If any provision of this limited warranty is held to be illegal, invalid
or otherwise unenforceable, such provision will be enforced to the
extent possible consistent with its stated intention, or, if incapable
of such enforcement, will be deemed to be severed and deleted
from this limited warranty, while the remainder of the terms of this
limited warranty will continue in full force and effect.
DISPUTE RESOLUTION
This Limited Warranty shall be governed by and construed in
accordance with the laws of the State of North Carolina, without
regard to its principles of conflicts of law. The parties acknowledge
the exclusive jurisdiction of the federal and state courts of the
State of North Carolina. Any claims or disputes under this Limited
Warranty shall be heard exclusively in any state or federal courts
sitting in Guilford County, North Carolina, and both parties expressly
consent to the personal jurisdiction and venue of the North Carolina
state and federal courts for such actions.
