hestan KIC Serie Manuel D'utilisation Et D'entretien page 23

LIMITED WARRANTY
(CONT.)
WHAT THIS LIMITED WARRANTY DOES NOT COVER: WHAT THIS LIMITED WARRANTY DOES NOT COVER:
This Limited Warranty does not cover and HCC will not be responsible for and will not pay
for: damage to or defects in any Product not purchased from an HCC authorized dealer; color
EN
variations in color finishes or other cosmetic damage; failure or damage from 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: 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: 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 Three 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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