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5 Limited Warranty
5.1 Warning
While, in the opinion of Empi ("Empi"), the use of the 300 PV Neuromuscular
Electrical Stimulator (NMES) ("the Product") has met with some success, Empi
makes no warranties to the purchaser as to the effectiveness of the product.
5.2 Warranty
A.
Empi 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, shall be free from defects in the workmanship and
materials for three years from the initial date of purchase from Empi (the
"Warranty Period").
B.
Accessories including, but not limited to, chargers, rechargeable batteries,
electrodes, lead wires, tape adhesive patches 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.
5.3 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 5.2A above, shall be, at Empi'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
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 47492 Hwy. 22, Clear Lake, South
Dakota 57226, USA, or to an Empi Authorized Service Center. To locate the
appropriate Service Center outside of North America, or to request shipment
approval, contact Empi directly. 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
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 repaired Product or a replacement
thereof to Purchaser, freight and insurance prepaid, as soon as reasonably
possible following receipt of the Product by Empi
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