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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