Empi Active Manual - Warranty
EMPI Active User Guide
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Warranty
continued
to improper packaging or shipment. If Empi determines in its sole reasonable
discretion that the Product contains defective workmanship or materials, Empi
will refund to the Purchaser the purchase price for the defective product, or
return the repaired Product or a replacement thereof to Purchaser, freight and
insurance billed to the Purchaser, as soon as reasonably possible following
receipt of the Product by Empi. If Empi determines in its sole reasonable
discretion that the Product does not contain defective workmanship or materials,
Empi will return the Product to the Purchaser, freight and insurance billed to
the Purchaser.
3B.
This Warranty is voided immediately as to any Product which has been repaired
or modified by any person other than authorized employees or agents of Empi
or which has been subjected to misuse, abuse, neglect, damage in transit,
accident, or negligence.
3C.
Except as provided in paragraph 2A, the product is being sold on an “as is”
basis, all accessories are sold “as is”, and the entire risk as to the quality
and performance of the product is with Purchaser. The warranty provided in
paragraph 2A is intended solely for the benefit of the initial Purchaser and Empi
disclaims all other warranties, express or implied including, but not limited to,
any implied warranties of merchantability and fitness for a particular purpose;
provided, however, that notwithstanding the foregoing sentence, in the event
an implied warranty is determined to exist, the period for performance by Empi
thereunder shall be limited to three years from the initial date of purchase from
Empi. No employee, representative, or agent of Empi has any authority to bind
Empi to any affirmation, representation, or warranty except as stated in this
written warranty policy.
(This Warranty gives Purchaser specific legal rights and Purchaser may also have
other rights which vary from state to state. Some states do not allow limitations
of how long an implied warranty lasts, so the above limitation may not apply to
the Purchaser.)
3D.
Empi shall not be liable to any person for any direct, indirect, special, incidental,
or consequential damages, lost profits or medical expenses caused by any
defect, failure, malfunction or otherwise of the product, regardless of the form in
which any legal or equitable action may be brought against Empi (e.g. contract,
negligence or otherwise). The remedy provided in paragraph 3A above shall
constitute Purchaser’s sole remedy. In no event shall Empi’s liability under any
cause of action relating to the product exceed the purchase price of the product.
(This Warranty gives Purchaser specific legal rights and Purchaser may also
have other rights which vary from state to state. Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation may not apply to the Purchaser.)
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