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Chattanooga Continuum - Warranty; Limitation of Liabilities and Disclaimer of Warranties

Chattanooga Continuum
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EN
32
TROUBLESHOOTING
WARNING
While, in the opinion of Chattanooga (“Chattanooga”),
the use of the Chattanooga Continuum (“the Product”)
has met with some success, Chattanooga makes no
warranties to the purchaser as to the eectiveness of the
product.
WARRANTY
A. Chattanooga warrants to the initial Purchaser
(“Purchaser”) (and to no other person) that the Product
(with the exclusion of accessories such as chargers,
rechargeable batteries, electrodes, lead wires, tape
adhesive patches and electrode cream) and the
component parts thereof, distributed or manufactured
by Chattanooga, shall be free from defects in the
workmanship and materials for three years from the
initial date of purchase from Chattanooga (the “Warranty
Period”).
B. Accessories including, but not limited to electrodes, lead
wires, tape adhesive patches and electrode cream are
excluded from the Warranty and sold “AS IS” because their
structure is such that they may be easily damaged before
or during use.
LIMITATION OF LIABILITIES AND
DISCLAIMER OF WARRANTIES
A. Chattanooga’s sole obligation in the case of any
breach of its warranties set forth in Paragraph A above,
shall be, at Chattanooga’s option, to repair or replace
the Product without charge to Purchaser or to refund
the purchase price of the Product. In order to recover
under this Warranty, Purchaser must send Chattanooga
written notice of the defect (setting forth the problem
in reasonable detail) prior to expiration of the Warranty
Period, and within  days of discovery of the defect.
Upon Chattanooga’s written request and authorization,
Purchaser shall return the Product to Chattanooga, freight
and insurance prepaid, for inspection.
Notice and return shipment shall be sent to Chattanooga
at  Hwy. , Clear Lake, South Dakota , USA, or
to an Chattanooga Authorized Service Center.
To locate the appropriate Service Center outside of
North America, or to request shipment approval, contact
Chattanooga directly.
Chattanooga will not be responsible for damage due to
improper packaging or shipment.
If Chattanooga determines in its sole reasonable discretion
that the Product contains defective workmanship or
materials, Chattanooga will refund to the Purchaser, the
purchase price for the defective product, or return the
repaired Product or a replacement thereof to Purchaser,
the purchase price for the defective product, or return the
repaired Product or a replacement to Purchaser, freight
and insurance prepaid, as soon as reasonably possible
following receipt of the Product by Chattanooga.
Chattanooga determines in its sole reasonable discretion
that the Product does not contain defective workmanship
or materials, Chattanooga will return the Product to the
Purchaser, freight and insurance billed to the Purchaser.
B. 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 Chattanooga
or which has been subjected to misuse, abuse, neglect,
damage in transit, accident or negligence.
C. Except as provided in paragraph A, 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 A is intended solely
for the benefit of the initial purchaser and Chattanooga
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 Chattanooga
thereunder shall be limited to the lifetime of the initial
purchaser.
No employee, representative or agent of Chattanooga
has any authority to bind Chattanooga to any armation,
representation or warranty except as stated in this written
warranty policy.

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