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©2017 Hestan Commercial Corporation
7
4. All other grill components are warranted to be free from defects in material and workmanship, under normal non-commercial use
and service, for a period of two (2) years from the original date of purchase. This is limited to replacement of the defective parts, with
the Purchaser paying all other costs, including labor, shipping, and handling, as applicable.
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:
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 Corporation at (888) 905-7463
LIMITED WARRANTY
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