©2016 Hestan Commercial Corporation
5
EN
abuse, misuse, accident, fire, natural disaster, commercial use of the Product, or loss of electrical power or gas supply to the Product;
damage from alteration, improper installation, or improper operation of the Product; damage from improper or unauthorized repair
or replacement of any part or component of the Product; damage from service by someone other than an authorized agent or
representative of the Hestan Commercial Service Network; normal wear and tear; damage from exposure of the Product to a corrosive
atmosphere containing chlorine, fluorine, or any other damaging chemicals; damage resulting from the failure to provide normal
care and maintenance to the Product; damage HCC was not notified 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 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 One 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:
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 Products at (888) 905-7463
LIMITED WARRANTY
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