Select User’s Manual
48
Select User’s Manual
49
Warranty
Warranty
I. Warning
II. Warranty
Empi warrants all of their manufactured product to be free from defects in workmanship
and materials for life.
Battery charger/rechargeable batteries, carrying cases, lead wires, electrodes, and other
accessories are warranted to be free from defects in workmanship and materials at the
time of delivery.
Empi will repair or replace, at its facility, any product found to be defective. This warranty
does not apply to any product damaged by misuse, or repaired or altered by anyone other
than Empi in St. Paul, Minnesota.
This warranty is in lieu of any or all other warranties, expressed or implied. No person is
authorized to bind Empi to any representation of warranty other than those specifically
set forth herein.
NOTE:
Warranty period begins with the date of purchase from manufacturer.
III. 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
IIA above, shall be, at Empi’s option, to repair or replace the Product with a new or factory
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 Industrial Park, Clear Lake, South Dakota 57226. 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, notification
and return shipment shall be sent to an Empi Authorized Service Center. To locate the
appropriate service center 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 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, 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 IIA, 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 IIA 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 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 IIIA 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 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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While, in the opinion of Empi (“Empi”), the use of the Select Transcutaneous Electrical
Nerve Stimulator (TENS) (the “Product”) has met with some success in the treatment
of pain, Empi makes no warranties to the purchaser as to the effectiveness of
the product.
