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©2020 Hestan Commercial Corporation
13
EN
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 nal, 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 modied 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: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 specic 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 Corp. at (888) 905-7463
OUTDOOR REFRIGERATOR LIMITED WARRANTY
(continued)
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