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Limited Warranty
5-1
5. Limited Warranty
Hand Held Products, Inc., d/b/a HHP (“HHP”) warrants its
products to be free from defects in materials and workmanship
and to conform to HHP’s published specifications applicable to
the products purchased at the time of shipment. This
warranty does not cover any HHP product which is (i)
improperly installed or used; (ii) damaged by accident or
negligence, including failure to follow the proper maintenance,
service, and cleaning schedule; or (iii) damaged as a result of
(A) modification or alteration by the purchaser or other party,
(B) excessive voltage or current supplied to or drawn from the
interface connections, (C) static electricity or electro-static
discharge, (D) operation under conditions beyond the specified
operating parameters, or (E) repair or service of the product by
anyone other than HHP or its authorized representatives.
This warranty shall extend from the time of shipment for the
duration published by HHP for the product at the time of
purchase (“Warranty Period”). Any defective product must be
returned (at purchaser’s expense) during the Warranty Period to
HHP’s factory or authorized service center for inspection. No
product will be accepted by HHP without a Return Materials
Authorization, which may be obtained by contacting HHP. In
the event that the product is returned to HHP or its authorized
service center within the Warranty Period and HHP determines
to its satisfaction that the product is defective due to defects in
materials or workmanship, HHP, at its sole option, will either
repair or replace the product without charge, except for return
shipping to HHP.
EXCEPT AS MAY BE OTHERWISE PROVIDED BY
APPLICABLE LAW, THE FOREGOING WARRANTY IS IN
LIEU OF ALL OTHER COVENANTS OR WARRANTIES,
EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
HHP’S RESPONSIBILITY AND PURCHASER’S
EXCLUSIVE REMEDY UNDER THIS WARRANTY IS
LIMITED TO THE REPAIR OR REPLACEMENT OF THE
DEFECTIVE PRODUCT. IN NO EVENT SHALL HHP BE
LIABLE FOR INDIRECT, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES, AND, IN NO EVENT,
SHALL ANY LIABILITY OF HHP ARISING IN
CONNECTION WITH ANY PRODUCT SOLD
HEREUNDER (WHETHER SUCH LIABILITY ARISES
FROM A CLAIM BASED ON CONTRACT, WARRANTY,
TORT, OR OTHERWISE) EXCEED THE ACTUAL