D. Warranty Limitations and Limitations of Liability
Except for the express warranties stated herein, Samsung disclaims all other express and implied warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, noninfringement, course of dealing and usage of trade. All expressed and implied warranties are limited in duration to the limited warranty period. This agreement contains Samsung’s entire liability and your exclusive remedy for breach of this agreement. in no event shall Samsung, its suppliers or any affiliates be liable for any indirect, consequential, incidental or special damages, any financial loss or any lost data or files, even if Samsung has been advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy. in no event will Samsung’s liability exceed the amount paid by you for the product. these limitations and exclusions apply to the fullest extent permitted by applicable law.
these limitations and exclusions apply to the fullest extent permitted by applicable law.
This is the actually important part. Companies drop unenforceable shit in t&c all the time. It’s just there to intimidate you and force you to give up your rights.
Of course local laws apply, but then you’re relying on specific local or regional laws that somehow invalidate the agreement which probably don’t exist. You’re really in an uphill battle to argue that all of these sections of the warranty - the very thing you’re using to argue you are owed - do not apply to your case.
Your skin in the game is <$500 (for me, this 4TB ssd w/ heatsink is $793 at a local microcenter.) $500 is hardly more than an hour of lawyer time, odds are you’re paying at least $300 just for them to write a cease and desist, and now you’ve got to argue that your lawyer fees should be covered despite an arbitration clause, a jurisdiction clause, and a maximum liability clause. One of the best case scenarios is that you would pony up the cash and they give you a settlement that still doesn’t get you to a point where you have a working product or enough money to buy an identical item after lawyer fees. The worst case scenario is that you get absolutely nothing out of the suit and have to pay for arbitration fees on top of your legal fees.
You too! Please read it all!
D. Warranty Limitations and Limitations of Liability
Liability ≠ Warranty
Remedy Description ≠ liability cap
This is the actually important part. Companies drop unenforceable shit in t&c all the time. It’s just there to intimidate you and force you to give up your rights.
Of course local laws apply, but then you’re relying on specific local or regional laws that somehow invalidate the agreement which probably don’t exist. You’re really in an uphill battle to argue that all of these sections of the warranty - the very thing you’re using to argue you are owed - do not apply to your case.
Your skin in the game is <$500 (for me, this 4TB ssd w/ heatsink is $793 at a local microcenter.) $500 is hardly more than an hour of lawyer time, odds are you’re paying at least $300 just for them to write a cease and desist, and now you’ve got to argue that your lawyer fees should be covered despite an arbitration clause, a jurisdiction clause, and a maximum liability clause. One of the best case scenarios is that you would pony up the cash and they give you a settlement that still doesn’t get you to a point where you have a working product or enough money to buy an identical item after lawyer fees. The worst case scenario is that you get absolutely nothing out of the suit and have to pay for arbitration fees on top of your legal fees.