Common use of Limitations of Remedies and Liability Clause in Contracts

Limitations of Remedies and Liability. EXCEPT TO THE EXTENT PROVIDED BY LAW, HHT MAKES NO EXPRESS WARRANTIES OTHER THAN THE WARRANTY SPECIFIED HEREIN. The owner’s exclusive remedy and HHT’s sole obligation under this Warranty or in contract, tort or otherwise, shall be limited to replacement of the Component Part(s), repair of the Component Part(s), or refund of the original purchase price of the applicable Product(s), as specified above; provided, however, that (i) if HHT is unable to provide replacement of the Component Part(s) and repair of the Component Part(s) is not commercially practicable or cannot be timely made, or (ii) the customer is willing to accept a refund of the purchase price of the applicable Product(s), HHT may discharge all such obligations by refunding the purchase price of the applicable Product. In no event will HHT be liable for any incidental or consequential damages caused by defects in the applicable Product. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Warranty gives you specific legal rights and you may also have other rights which vary from State to State. THE DURATION OF ANY IMPLIED WARRANTY IS LIMITED TO DURATION OF THE EXPRESSED WARRANTY SPECIFIED ABOVE FOR THE APPLICABLE PRODUCT. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.