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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