Limited Warranty
I. Warning
While, in the opinion of Empi (“Empi”), the use of the Hybresis System
(the “Product”) has met with some success, Empi makes no warranties to
the purchaser as to the effectiveness of the product.
II. Warranty
A. Empi warrants to the initial Purchaser (“Purchaser”) (and to no other
person) that the Product (with the exclusion of accessories) 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. The patches are excluded from the Warranty and sold “AS IS” because
their structure is such that they may be easily damaged before or during
use.
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 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.
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