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Owner’s Manual: Precor Residential Equipment Limited Warranty 36
Exclusive Remedies
For any product described above that fails to conform to its
warranty, Precor will provide, at their option, one of the following:
(1) repair; (2) replacement; or (3) refund of the purchase price.
Precor Limited Warranty service may be obtained by contacting
the authorized dealer from whom you purchased the item. Precor
compensates Servicers for warranty trips within their normal
service area to repair equipment at the owner’s location. You may
be charged a trip charge outside the service area.
THESE SHALL
BE THE SOLE AND EXCLUSIVE REMEDIES OF THE BUYER FOR ANY
BREACH OF WARRANTY.
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 January, 2003
P/N 36287-110
UGuide_A4.book Page 36 Wednesday, February 27, 2008 3:36 PM