Saunders Cervical Traction Mode D'emploi page 11

reconditioned 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 Clear Lake, 47492, HWY 22
Clear Lake, South Dakota. Purchaser may request shipment approval by calling Empi Warranty
Repair Department on its toll free number 1-800-862-2343. In the case of repairs or returns
outside of North America, contact your Authorized Empi Distributor, or contact Empi directly
at 1-800-328-2536. 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 defec-
tive 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, freight
and insurance billed to the Purchaser, as soon as reasonably possible following receipt of the
Product by Empi. If 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 I, 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 I 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 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 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 I 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.
(The Warranty gives Purchaser specific legal rights and Purchaser may also have other
rights which vary from state to state. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation may not apply to the Purchaser.)
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