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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.)
