On the contrary, this is with the precedent, damages due to breach of contract, theft, destruction of property, etc are cost to replace not the original cost. And specific performance (i.e. requiring someone perform the action to fulfill the contract) is available if monetary damages aren't calculable (i.e. there is no replacement on the market).
It’s standard to have terms in a contract that limits liability for any warranty to “monies actually received”. That’s in addition to any separate clauses that disclaim any and all explicit warranty. I’ve never signed a contract without such a clause and would bet it’s already a part of all of these terms of service.
Yes... because warranties are optional guarantees of fitness being sold on top of the product. We aren't talking about a warranty on the product here, we are talking about the product itself, I have never seen a contract that says "oh, and we can steal the product back from you in exchange for monies actually received", unsurprisingly, outside of digital assets.
And of course that term is common because the default terms for damages can go beyond that (e.g. if replacement value rises).
It’s standard to have terms in a contract that limits liability for any warranty to “monies actually received”.
And it's standard for statutory consumer protection laws to override any contractual terms and sometimes even make it illegal for vendors to suggest or imply that restrictions on the consumer's legal rights exist, at least in jurisdictions where consumer protection laws have teeth. Otherwise, every vendor (the big guy) could just require every consumer (the little guy) to sign away all their theoretical consumer rights as part of the purchase contract, and the theoretical rights would be worthless in practice.
On the contrary, this is with the precedent, damages due to breach of contract, theft, destruction of property, etc are cost to replace not the original cost. And specific performance (i.e. requiring someone perform the action to fulfill the contract) is available if monetary damages aren't calculable (i.e. there is no replacement on the market).