11 - 4Limited WarrantyHand Held Products, Inc., d/b/a HHP ("HHP") warrants its products to be freefrom defects in materials and workmanship and to conform to HHP’s publishedspecifications applicable to the products purchased at the time of shipment. Thiswarranty does not cover any HHP product which is (i) improperly installed orused; (ii) damaged by accident or negligence, including failure to follow theproper maintenance, service, and cleaning schedule; or (iii) damaged as a resultof (A) modification or alteration by the purchaser or other party, (B) excessivevoltage or current supplied to or drawn from the interface connections, (C) staticelectricity or electro-static discharge, (D) operation under conditions beyond thespecified operating parameters, or (E) repair or service of the product by anyoneother than HHP or its authorized representatives.This warranty shall extend from the time of shipment for the duration publishedby HHP for the product at the time of purchase ("Warranty Period"). Anydefective product must be returned (at purchaser’s expense) during the WarrantyPeriod to HHP’s factory or authorized service center for inspection. No productwill be accepted by HHP without a Return Materials Authorization, which may beobtained by contacting HHP. In the event that the product is returned to HHP orits authorized service center within the Warranty Period and HHP determines toits satisfaction that the product is defective due to defects in materials orworkmanship, HHP, at its sole option, will either repair or replace the productwithout charge, except for return shipping to HHP.EXCEPT AS MAY BE OTHERWISE PROVIDED BY APPLICABLE LAW, THEFOREGOING WARRANTY IS IN LIEU OF ALL OTHER COVENANTS ORWARRANTIES, EITHER EXPRESSED OR IMPLIED, ORAL OR WRITTEN,INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.HHP’S RESPONSIBILITY AND PURCHASER’S EXCLUSIVE REMEDYUNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENTOF THE DEFECTIVE PRODUCT. IN NO EVENT SHALL HHP BE LIABLE FORINDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, AND, IN NOEVENT, SHALL ANY LIABILITY OF HHP ARISING IN CONNECTION WITHANY PRODUCT SOLD HEREUNDER (WHETHER SUCH LIABILITY ARISESFROM A CLAIM BASED ON CONTRACT, WARRANTY, TORT, OROTHERWISE) EXCEED THE ACTUAL AMOUNT PAID TO HHP FOR THEPRODUCT. THESE LIMITATIONS ON LIABILITY SHALL REMAIN IN FULLFORCE AND EFFECT EVEN WHEN HHP MAY HAVE BEEN ADVISED OF THEPOSSIBILITY OF SUCH INJURIES, LOSSES, OR DAMAGES. SOMESTATES, PROVINCES, OR COUNTRIES DO NOT ALLOW THE EXCLUSIONOR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOTHE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.All provisions of this Limited Warranty are separate and severable, which meansthat if any provision is held invalid and unenforceable, such determination shallnot affect the validity of enforceability of the other provisions hereof.
