As Horizon has no control over use, setup, final assembly, modification or misuse, no liability shall be assumed nor accepted for any resulting damage or injury. Further, in no event shall the liability of Horizon exceed the individual price of the Product on which liability is asserted. HORIZON SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY, REGARDLESS OF WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SERVICE OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY. Proof of purchase is required for all warranty claims. Service or replacement decisions are at the sole discretion of Horizon. Horizon reserves the right to inspect any and all Product(s) involved in a warranty claim. Horizon’s sole obligation and purchaser’s sole and exclusive remedy shall be that Horizon will, at its option, either (i) service, or (ii) replace, any Product determined by Horizon to be defective. THE PURCHASER ACKNOWLEDGES THAT THEY ALONE HAVE DETERMINED THAT THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER’S INTENDED USE.
OTHER THAN THE EXPRESS WARRANTY ABOVE, HORIZON MAKES NO OTHER WARRANTY OR REPRESENTATION, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This warranty is not transferable and does not cover (i) cosmetic damage, (ii) damage due to acts of God, accident, misuse, abuse, negligence, commercial use, or due to improper use, installation, operation or maintenance, (iii) modification of or to any part of the Product, (iv) attempted service by anyone other than a Horizon Hobby authorized service center, (v) Product not purchased from an authorized Horizon dealer, or (vi) Product not compliant with applicable technical regulations.
Horizon Hobby, Inc., (Horizon) warrants to the original purchaser that the product purchased (the "Product") will be free from defects in materials and workmanship for a period of 1 years from the date of purchase.2 Authorized Limited Warranty & Limits of Liability International
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