Limited Warranty
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
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