Continuum User’s Manual 51
Limited Warranty
thereof to Purchaser, freight and insurance prepaid, as soon as reasonably
possible following receipt of the Product by Empi. 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.
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 Empi 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 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
the lifetime of the initial purchaser. 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.
D. 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 A 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 the 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.
Limitation of Liabilities and Disclaimer of Warranties
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