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 5.2A, 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 5.2A 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 EMPI 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 WRITTEN WARRANTY POLICY.
This Warranty gives the 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 5.3A 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 the 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.
47