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Jacobs Ladder X - Page 14

Jacobs Ladder X
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5/!
This limited warranty shall not apply to:
1. Software version upgrades
2. Cosmetic items, including, but not limited to the following: grips, seats, and labels.
3. Repairs performed on Jacobs Ladder LLC equipment missing a serial number or with a serial
tag that has been altered or defaced.
4. Service calls to correct installation of the equipment or instruct the owners on how to use the
equipment
5. Pickup, delivery, or freight charges involved with repairs
6. Any labor costs incurred beyond the applicable labor warranty period.
DISCLAIMER:
The express warranties provided herein are the exclusive warranties given by Jacobs Ladder LLC
and supersede any prior, contrary or additional representation/warranties, written or oral. ANY
IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND/OR
FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE
ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE
FOR THOSE SAME PARTS. JACOBS LADDER HEREBY DISCLAIMS AND EXCLUDES THOSE
WARRANTIES THEREAFTER. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG
AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
JACOBS LADDER LLC ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER
OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE
WITH REGARD TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING
BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF JACOBS LADDER LLC OR
ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND (B) ANY OBLIGATION,
LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT.
THIS DISCLAIMER AND RELEASE SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET
FORTH ABOVE FAILS IN ITS ESSENTIAL PURPOSE.
JACOBS LADDER LLC DISCLAIMS AND DOES NOT PROVIDE ANY EXPRESS WARRANTIES
OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE of the Waist Belt, the Power Supply Cord or the Polar Heart Rate
Monitor. Any warranty from Polar can be found and viewed on www.polarusa.com.
EXCLUSIVE REMEDIES:
For any product described above that fails to conform to its warranty, Jacobs Ladder LLC
Representative will exclusively provide repairs provided the equipment has not been subject to
casualty, misuse, abuse, service or modification performed and not authorized by Jacobs Ladder
LLC representative. Service must be obtained by calling Jacobs Ladder LLC at
1 (866) 697 4100. THESE SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF THE BUYER
FOR ANY BREACH OF WARRANTY.
JACOBS LADDER LLC AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY,
WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE,
PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR
DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, LOSS OF USE, REVENUE OR PROFIT,
COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COSTS INCURRED
BY BUYER (BY WAY OF CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM
NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT. THIS

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