Empi EPIX VT - Limited Warranty and Disclaimer; Limitation of Liabilities and Disclaimer

Limited Warranty and Disclaimer
I. Warning
While, in the opinion of Empi, Inc. (“Empi”), the use of the Epix VT
Transcutaneous Electrical Nerve Stimulator (TENS) (the
“Product”) has met with some success in the treatment of pain,
Empi makes no warranties to the purchaser as to the effectiveness
of the product.
I. Warranty
A. Empi warrants to the Purchaser (“Purchaser”) (and to no other
person) that the Product (including any new or factory
reconditioned Products, but excluding any accessories such as
charger’s, 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 the lifetime of the
Purchaser (the “Warranty Period”). The warranty Period shall be
shortened, however, in the following circumstances: (i) if the
Product is sold outside of the United States, the Warranty Period
shall be three (3) years, (ii) if the Product is classified as a used
product by a third party payer for reimbursement purposes the
warranty period shall be one (1) year and (iii) if the Product does
not fit under any of the previous classifications, the Warranty
Period shall be one (1) year. The applicable warranty period shall
be measured from the date the Product is shipped to or delivered
to purchaser.
B. Accessories including, but not limited to, charger’s,
rechargeable batteries, electrodes, lead wires, tape adhesive
patches and electrode cream are excluded from the Warranty and
are sold “AS IS” because their structure is such that they may be
easily damaged before or during use.
III. Limitation of Liabilities and Disclaimer of Warranties
A. Empi’s sole obligation in the case of any breach of its
warranties set forth in Paragraph IIA above, shall be, at Empi’s
option, to repair or replace the Product with a new or factory
reconditioned 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
Clear Lake Industrial Park, Clear Lake, South Dakota 57226.
Purchaser may request shipment approval by calling Empi
Warranty Repair Department on its toll free number
1-800-862-2343. In the case of repairs or returns outside of North
America, notification and return shipment shall be sent to an Empi
Authorized Service Center. To locate the appropriate service center
outside of North America, contact your Authorized Empi
Distributor, or contact Empi directly at 1-651-415-9000. 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 23