HFS Warranties

HFS warrants that the Product (“Product”), when properly used and installed in conformance with HFS’ specifications for such Product, will be free from defects in materials and workmanship and will substantially conform to HFS specifications for such Product during the Warranty Period.

LIMITED WARRANTY.

• What is Covered. Except as specifically excluded below, HFS warrants, to direct Customer only, that any product manufactured by HFS and sold to Customer (a) conforms to HFS’ published and/or written specifications and (b) is free from defects in material or workmanship. This warranty expires one (1) year from the date of delivery of the product to Customer.Warranties are non-transferable, only the original purchaser will receive warranty benefits.

• Please note that chemical products are sold without any warranty, whether expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Due to the inherent variability in the storage, handling, and usage of chemical substances, we cannot guarantee the product’s performance under specific conditions. It is the responsibility of the buyer to conduct their own tests and evaluations to ensure the product's suitability for their intended applications. The seller assumes no responsibility for any potential risks, damages, or losses resulting from the use of the chemical products.

 

What is Not Covered

Except as otherwise specifically provided in this agreement, HFS and its subsidiaries or affiliates make no further warranties, either expressed or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability, title, and non-infringement. The limited warranty does not cover and is voided by any and all illegal uses, misuse, abuse, modifications, damages related to normal wear and tear, improper preparation, installation, or use, improper cleaning and maintenance, failure to follow care instructions, and the like.

 

Additionally, this limited warranty does not cover damage resulting from misuse, accident, negligence, modification or alteration of hardware or software, tampering, unsuitable environments beyond product specifications, improper maintenance, or failure caused by external products not provided by HFS. There is no warranty for uninterrupted or error-free operation or for defects in design. No warranty is provided for loss or damage to valuables, and all equipment must be tested prior to use. Furthermore, there is no warranty for products with removed or altered identification labels.

 

HFS does not provide any other warranties, including the implied warranties of merchantability and fitness for a particular purpose. In some jurisdictions, limitations on implied warranties may not apply. Consumable maintenance items, such as gaskets, seals, cutter blades, pump oil, and cutting sticks, are not covered under this warranty as they are designed to be replaced periodically. HFS is not responsible for returning products not covered by this limited warranty.

 

UNLAWFUL USES

Customer agrees to not use any products sold by HFS for any unlawful or illegal purposes or for use which product was not intended for including any alteration of the product. Customer agrees to indemnify, defend, and hold harmless HFS, its subsidiaries and affiliates, and their respective officers, directors, employees, agents, representatives and shareholders, predecessors and successors, from and against any and all claims, demands, causes of action, damages, losses, liabilities, judgments, taxes, costs, fees and expenses (including, without limitation, reasonable costs and expenses of investigation and settlement and reasonable attorneys’ fees and expenses), to the extent arising out of or relating to any unlawful or illegal use of products sold by HFS. Such indemnification obligations shall survive the expiration or termination of this Agreement for any reason.

 

LIMITATION OF LIABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL HFS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, MULTIPLIED, OR INCIDENTAL DAMAGES OR LOST PROFITS, WHETHER FORESEEABLE OR UNFORESEEABLE, OR PREJUDGMENT INTEREST OR ATTORNEYS’ FEES OR COSTS BASED ON CLAIMS OF CUSTOMER OR ANY OTHER PARTY ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.

 

PRIVACY AND NON-DISCLOSURE. While still complying with all applicable laws, HFS will endeavor to preserve Customer’s identity from disclosure to third parties.

 

FORCE MAJEURE. HFS shall not be responsible or liable for any failure to perform hereunder if such failure is caused by acts of God, acts of government, strikes or labor disputes, failures of transportation, fire, flood, disease, epidemic or other casualty, failures of subcontractors or suppliers, or any other cause or causes that are beyond HFS’ reasonable control.

 

GOVERNING LAW AND VENUE. This Agreement shall be governed by the procedural and substantive laws of the State of California.  Any litigation arising under or pursuant to this agreement shall be conducted in Los Angeles County.

 

DISPUTE RESOLUTION. Any dispute arising between Customer and HFS arising out of or in connection with this Agreement or the interpretation, breach, or enforcement thereof, including the determination of the scope or applicability of this agreement to arbitrate (collectively referred to as a “Dispute”) shall be resolved as follows: (1) the parties shall first attempt to resolve any Dispute through informal, good-faith negotiations and/or mediation; (2) If the Dispute is not informally resolved within thirty (30) calendar days of written notice of the Dispute by either party to the other, then the DISPUTE SHALL BE FINALLY SETTLED BY BINDING ARBITRATION administered pursuant to JAMS’ Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (or, if mutually agreed to by the parties, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures). The arbitrator shall not have any power to alter, amend, modify or change any of the terms of this Agreement nor to grant any remedy which is either prohibited by the terms of this Agreement, or not available in a court of law. The arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In the event this arbitration agreement or a resulting arbitration award is subject to review by a court, such court shall use the arbitrary and capricious standard of review. The costs of any arbitration, including any JAMS administration fee, the arbitrator’s fee, and costs for the use of facilities during the hearings, shall be borne equally by the parties to the arbitration; provided, however, that all costs and expenses of the arbitration, including the arbitrator's fees and costs, expert fees and costs, and reasonable attorneys’ fees and costs incurred, shall be awarded to the prevailing or most prevailing Party as determined by the arbitrator. Judgment on a final award rendered by the arbitrators may be entered and enforced in a Court venue in Los Angeles County.

 

ASSIGNMENT

No right or interest in this Agreement may be assigned by Customer without the written permission of HFS, and any other attempted assignment shall be wholly void and totally ineffective for all purposes. This provision prohibits assignment of rights only; the right to delegate duties is in no way impaired by reason of this provision.

 

EFFECT OF PARTIAL INVALIDITY. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining provisions shall not be affected.

 

ENTIRE AGREEMENT; MODIFICATION BY SUBSEQUENT WRITING: This agreement contains the entire agreement between the parties.  No other agreement, statement, or promise, written or oral, made on or before the effective date of this agreement will be binding on the parties.  This written agreement supersedes all prior agreements. This agreement may be modified by subsequent agreement of the parties only by an instrument in writing.