Empi EPIX VT - Page 30

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.
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 IIA, 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 IIA 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 EMP! 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
24 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.)
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 IIIA 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.)