Empi Continuum - Limitation of Liabilities and Disclaimer of Warranties

50 Continuum User’s Manual
Limited Warranty
While, in the opinion of Empi (“Empi”), the use of the Empi Continuum (“the
Product”) has met with some success, Empi makes no warranties to the
purchaser as to the effectiveness of the product.
Warning
A. Empi 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 Empi, shall be free from defects in
the workmanship and materials for three years from the initial date of
purchase from Empi (the “Warranty Period”).
B. Accessories including, but not limited to, chargers, rechargeable batteries,
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.
Warranty
A. Empi’s sole obligation in the case of any breach of its warranties set forth
in Paragraph A above, shall be, at Empi’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
Empi written notice of the defect (setting forth the problem in reasonable
detail) prior to expiration of the Warranty Period, and within 30 days of
discovery of the defect. Upon Empi’s written request and authorization,
Purchaser shall return the Product to Empi, freight and insurance prepaid,
for inspection. Notice and return shipment shall be sent to Empi at 47492
Hwy. 22, Clear Lake, South Dakota 57226, USA, or to an Empi Authorized
Service Center. To locate the appropriate Service Center outside of North
America, or to request shipment approval, contact Empi directly. Empi will
not be responsible for damage due 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, the purchase price
for the defective product, or return the repaired Product or a replacement
Limitation of Liabilities and Disclaimer of Warranties