12. Limited Warranty
Warning
While, in the opinion of Empi, Inc. the use of the Empi Phoenix ("the Product") has met with some success, Empi, Inc. makes
no warranties to the purchaser as to the effectiveness of the product.
Warranty
A.
Empi, Inc. warrants to the initial Purchaser ("Purchaser") (and to no other person) that the Product (with the exclusion
of accessories such as chargers, rechargeable batteries, electrodes, lead wires, tape adhesive patches and electrode
cream) and the component parts thereof, distributed or manufactured by Empi, Inc., shall be free from defects in the
workmanship and materials for two years from the initial date of purchase from Empi, Inc.* (the "Warranty Period").
Accessories including, but not limited to, chargers, rechargeable batteries, electrodes, lead wires, tape adhesive patches
B.
and electrode cream are excluded from the Warranty and sold "AS IS" because their structure is such that they may be
easily damaged before or during use.
*Or one of its approved distributors.
Limitation of Liabilities and Disclaimer or Warranties
Empi, Inc.'s sole obligation in the case of any breach of its warranties set forth in Paragraph A in the Warranty section
A.
above, shall be, at Empi, Inc.'s option, to repair or replace the 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, Inc. 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, Inc.'s written request and authorization, Purchaser shall return the Product
to Empi, Inc., freight and insurance prepaid, for inspection. Notice and return shipment shall be sent to Empi, Inc. at
47492 Hwy. 22, Clear Lake, South Dakota 57226, USA, or to an Empi, Inc. Authorized Service Center. To locate the
appropriate Service Center outside of North America, or to request shipment approval, contact Empi, Inc. directly or DJO
Global (contact possibilities can be found under www.DJOGlobal.eu). Empi, Inc. will not be responsible for damage due
to improper packaging or shipment. If Empi, Inc. determines in its sole reasonable discretion that the Product contains
defective workmanship or materials, Empi, Inc. will refund to the Purchaser, the purchase price for the defective product,
or return the repaired Product or a replacement thereof to Purchaser, the purchase price for the defective product, or
return the insurance prepaid, as soon as reasonably possible following receipt of the Product by Empi, Inc.. Empi, Inc.
determines in its sole reasonable discretion that the Product does not contain defective workmanship or materials, Empi,
Inc. will return the Product to the Purchaser, freight and insurance billed to the Purchaser.
This Warranty is voided immediately as to any Product which has been repaired or modified by any person other than
B.
authorized employees or agents of Empi, Inc. or which has been subjected to misuse, abuse, neglect, damage in transit,
accident or negligence.
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Phoenix User's Manual