Disclaimer and Release. 5
Disclaimer and Release.
The limited warranties provided herein are the exclusive warranties given
by Precor and supersede any prior, contrary or additional representations,
whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE
WARRANTY OF MERCHANTABILITY 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. PRECOR HEREBY DISCLAIMS AND EXCLUDES
THOSE WARRANTIES THEREAFTER. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may
not apply to you. PRECOR ALSO HEREBY DISCLAIMS AND EXCLUDES ALL
OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY
LAW OR OTHERWISE, WITH RESPECT 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 PRECOR 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 of its essential purpose.
Exclusive Remedies.
For any product described above that fails to conform to its warranty,
Precor will provide, at its sole discretion, one of the following: (1) repair; (2)
replacement; or (3) refund of the purchase price. Precor Limited Warranty
service may be obtained by contacting the authorized Precor oce or
Distributor from whom you purchased the item. Precor compensates Precor
Authorized Servicers for warranty trips within their normal service area to
repair commercial equipment at the customer’s location. You may be charged
a trip charge outside the service area. THESE SHALL BE THE SOLE AND
EXCLUSIVE REMEDIES OF THE BUYER FOR ANY BREACH OF WARRANTY.
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