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©2020 Hestan Commercial Corporation
21
EN
LIMITED WARRANTY
(CONTINUED)
1. The Product’s gas burners (excludes appearance), electric heating elements, blower motors
(ventilation hoods), electronic control boards, magnetron tubes and induction generators
(where applicable) are warranted to be free from defects in material and workmanship under
normal non-commercial use and service for a period of five (5) years of the original Purchaser.
This excludes surface corrosion, scratches, and discoloration which may occur during normal
use and is limited to replacement of the defective part(s), with the Purchaser paying all other
costs, including labor, shipping and handling, as applicable.
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 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
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