HP TouchSmart 610-1000 Limited Warranty and Support Guide - Refurbished - Page 7

Exclusions, Exclusive Remedy, Limitation of Liability

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HP will, at its discretion, repair or replace any component or hardware product that manifests a defect in materials or workmanship during the Limited Warranty Period. All component parts or hardware products removed under this Limited Warranty become the property of HP. In the unlikely event that your HP Hardware Product has recurring failures, HP, at its sole discretion, may elect to provide you with (a) a replacement unit of HP's choosing that is the same or equivalent to your HP Hardware Product in performance or (b) to give you a refund of your purchase price or lease payments (less interest) instead of a replacement. This is your exclusive remedy for defective products. Exclusions HP does not warrant that the operation of this product will be uninterrupted or error-free. HP is not responsible for damage that occurs as a result of your failure to follow the instructions intended for the HP Hardware Product. This Limited Warranty does not apply to expendable or consumable parts and does not extend to any product from which the serial number has been removed or that has been damaged or rendered defective (a) as a result of accident, misuse, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes; (b) by operation outside the usage parameters stated in the user documentation that shipped with the product; (c) by software, interfacing, parts, or supplies not supplied by HP; (d) by improper site preparation or maintenance; (e) by virus infection; (f) from loss or damage in transit; or (g) by modification or service by anyone other than (i) HP, (ii) an HP authorized service provider, or (iii) your own installation of end-user-replaceable HP or HP-approved parts if available for your product in the servicing country/region. YOU SHOULD MAKE PERIODIC BACKUP COPIES OF THE DATA STORED ON YOUR HARD DRIVE OR OTHER STORAGE DEVICES AS A PRECAUTION AGAINST POSSIBLE FAILURES, ALTERATION, OR LOSS OF THE DATA. BEFORE RETURNING ANY UNIT FOR SERVICE, BE SURE TO BACK UP DATA AND REMOVE ANY CONFIDENTIAL, PROPRIETARY, OR PERSONAL INFORMATION. HP IS NOT RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY PROGRAMS, DATA, OR REMOVABLE STORAGE MEDIA. HP IS NOT RESPONSIBLE FOR THE RESTORATION OR REINSTALLATION OF ANY PROGRAMS OR DATA OTHER THAN SOFTWARE INSTALLED BY HP WHEN THE PRODUCT IS MANUFACTURED. UNITS SENT IN FOR SERVICE MAY HAVE THE DATA ERASED FROM THE HARD DRIVE AND THE PROGRAMS RESTORED TO THEIR ORIGINAL STATE. Exclusive Remedy TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND HP REGARDING THE HP HARDWARE PRODUCT YOU HAVE PURCHASED OR LEASED. THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS OR REPRESENTATIONS-INCLUDING REPRESENTATIONS MADE IN HP SALES LITERATURE OR ADVICE GIVEN TO YOU BY HP OR AN AGENT OR EMPLOYEE OF HP-THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OR LEASE OF THE HP HARDWARE PRODUCT. No change to the conditions of this Limited Warranty is valid unless it is made in writing and signed by an authorized representative of HP. Limitation of Liability IF YOUR HP HARDWARE PRODUCT FAILS TO WORK AS WARRANTED ABOVE, HP'S MAXIMUM LIABILITY UNDER THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF ANY HARDWARE COMPONENTS THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HP IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED HP OR AN AUTHORIZED REPRESENTATIVE OF HP OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY/REGION TO COUNTRY/REGION. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY/REGION LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS. 5

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5
HP will, at its discretion, repair or replace any component or
hardware product that manifests a defect in materials or
workmanship during the Limited Warranty Period. All
component parts or hardware products removed under this
Limited Warranty become the property of HP. In the unlikely
event that your HP Hardware Product has recurring failures,
HP, at its sole discretion, may elect to provide you with
(a) a replacement unit of HP’s choosing that is the same or
equivalent to your HP Hardware Product in performance or
(b) to give you a refund of your purchase price or lease
payments (less interest) instead of a replacement. This is your
exclusive remedy for defective products.
Exclusions
HP does not warrant that the operation of this product will be
uninterrupted or error-free. HP is not responsible for damage
that occurs as a result of your failure to follow the instructions
intended for the HP Hardware Product.
This Limited Warranty does not apply to expendable or
consumable parts and does not extend to any product from
which the serial number has been removed or that has been
damaged or rendered defective (a) as a result of accident,
misuse, abuse, contamination, improper or inadequate
maintenance or calibration, or other external causes;
(b) by operation outside the usage parameters stated in the
user documentation that shipped with the product;
(c) by software, interfacing, parts, or supplies not supplied
by HP; (d) by improper site preparation or maintenance;
(e) by virus infection; (f) from loss or damage in transit; or (g)
by modification or service by anyone other than (i) HP, (ii) an
HP authorized service provider, or (iii) your own installation
of end-user-replaceable HP or HP-approved parts if available
for your product in the servicing country/region.
YOU SHOULD MAKE PERIODIC BACKUP COPIES
OF THE DATA STORED ON YOUR HARD DRIVE OR
OTHER STORAGE DEVICES AS A PRECAUTION
AGAINST POSSIBLE FAILURES, ALTERATION, OR
LOSS OF THE DATA. BEFORE RETURNING ANY
UNIT FOR SERVICE, BE SURE TO BACK UP DATA
AND REMOVE ANY CONFIDENTIAL, PROPRIETARY,
OR PERSONAL INFORMATION. HP IS NOT
RESPONSIBLE FOR DAMAGE TO OR LOSS OF ANY
PROGRAMS, DATA, OR REMOVABLE STORAGE
MEDIA. HP IS NOT RESPONSIBLE FOR THE
RESTORATION OR REINSTALLATION OF ANY
PROGRAMS OR DATA OTHER THAN SOFTWARE
INSTALLED BY HP WHEN THE PRODUCT IS
MANUFACTURED. UNITS SENT IN FOR SERVICE
MAY HAVE THE DATA ERASED FROM THE HARD
DRIVE AND THE PROGRAMS RESTORED TO THEIR
ORIGINAL STATE.
Exclusive Remedy
TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW,
THESE TERMS AND CONDITIONS CONSTITUTE THE
COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT
BETWEEN YOU AND HP REGARDING THE HP HARDWARE
PRODUCT YOU HAVE PURCHASED OR LEASED. THESE
TERMS AND CONDITIONS SUPERSEDE ANY PRIOR
AGREEMENTS OR REPRESENTATIONS—INCLUDING
REPRESENTATIONS MADE IN HP SALES LITERATURE OR
ADVICE GIVEN TO YOU BY HP OR AN AGENT OR
EMPLOYEE OF HP—THAT MAY HAVE BEEN MADE IN
CONNECTION WITH YOUR PURCHASE OR LEASE OF THE
HP HARDWARE PRODUCT. No change to the conditions of
this Limited Warranty is valid unless it is made in writing and
signed by an authorized representative of HP.
Limitation of Liability
IF YOUR HP HARDWARE PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, HP’S MAXIMUM LIABILITY UNDER
THIS LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE
LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT
OR THE COST OF REPAIR OR REPLACEMENT OF ANY
HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP BE
LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT
OR THE FAILURE OF THE PRODUCT TO PERFORM,
INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. HP IS
NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR
MADE BY YOU FOR A THIRD PARTY.
THIS LIMITATION OF LIABILITY APPLIES WHETHER
DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER
THIS LIMITED WARRANTY OR AS A TORT CLAIM
(INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM.
THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR
AMENDED BY ANY PERSON. THIS LIMITATION OF
LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED
HP OR AN AUTHORIZED REPRESENTATIVE OF HP OF THE
POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION
OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR
PERSONAL INJURY.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS
THAT MAY VARY FROM STATE TO STATE OR FROM
COUNTRY/REGION TO COUNTRY/REGION. YOU ARE
ADVISED TO CONSULT APPLICABLE STATE OR
COUNTRY/REGION LAWS FOR A FULL DETERMINATION
OF YOUR RIGHTS.