15
WARRANTY DISCLAIMERS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND
THE PROCEDURES OR REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED. SHENZHEN HOBBICO, INC., MAKES NO
OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE
ARE HEREBY DISCLAIMED. IF WE CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED
WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING
THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER
APPLICABLE LAW. IF THE PRODUCT CONSTITUTES A “CONSUMER PRODUCT” UNDER
THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C. §2301, ET SEQ.) AND YOU ARE
A CUSTOMER RESIDING IN THE UNITED STATES, THE FOREGOING DISCLAIMER OF
IMPLIED WARRANTIES WILL NOT APPLY TO YOU. TO THE EXTENT THAT SUCH IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
CANNOT BE DISCLAIMED UNDER SUCH ACT, THEN SUCH IMPLIED WARRANTIES SHALL
BE VALID ONLY FOR THE WARRANTY PERIOD AND EXPIRE AT THE END THEREOF.
IN NO EVENT HOBBICO, INC., ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES,
AGENTS, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED
ENTITIES”), BE LIABLE FOR PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, OR FOR AN AMOUNT IN EXCESS OF THE PURCHASE
PRICE OF THE DEFECTIVE PRODUCT. THE PRECEDING LIMITATION WILL APPLY EVEN
IF THE REMEDIES OF REPAIR OR REPLACEMENT OF PRODUCTS COVERED BY THIS
WARRANTY COMPLETELY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF THE
PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCT. IN
NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO
YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE
AGGREGATE, ARISING FROM THESE TERMS OR YOUR USE OF THE PRODUCT, EXCEED
THE AMOUNT PAID BY YOU FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
What about State Laws or Other Laws Governing Warranties
for Consumers?
This Warranty gives you certain specifi c legal rights, but you also may have other (greater)
rights that vary from State to State, and some of those rights do not allow for them to
be waived or diminished. For example, some States do not allow limitations on how long
an implied warranty lasts, so the above limitation may not apply to you. Similarly, some
States do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitations or exclusions may not apply to you.
This Warranty is not intended (nor would it be permitted) to deny you any warranty rights
to which you are otherwise entitled under applicable Federal law or the laws of the State
or country in which you reside.
Please note that this document may be updated from time by time, and you can always
fi nd the latest version at:
http://manuals.hobbico.com/hca/hcae11-warranty.pdf
