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Owner’s Manual: Precor Residential Equipment Limited Warranty 38
Exclusion of Consequential and Incidental
Damages
PRECOR AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION
OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING
WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED
NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR
DAMAGE TO THE EQUIPMENT, PROPERTY DAMAGE, LOSS OF
USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF
SUBSTITUTE EQUIPMENT, ADDITIONAL COST INCURRED BY
BUYER (BY WAY OF CORRECTION OR OTHERWISE) OR ANY
OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM
THE USE, MISUSE OR INABILITY TO USE THE PRODUCT.
This
exclusion applies even if the above warranty fails of its essential
purpose and regardless of whether such damages are sought for
breach of warranty, breach of contract, negligence, or strict
liability in tort or under any other legal theory. Some states do not
allow the exclusion or limitation of incidental or consequential
damages, so the above limitation might not apply.
This warranty gives you specific legal rights, and you may also
have other rights, which vary state to state.
Effective 01 July, 2010
P/N 36287-111