hestan KRD304-NG Manuel D'utilisation Et D'entretien page 54

LIMITED WARRANTY
(CONTINUED)
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
EN
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.
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