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Experience Strength™ C-Line Owner’s Manual: Commercial Strength Equipment Limited Warranty
19
Disclaimer and Release.
The warranties provided herein are the exclusive warranties given by Precor and
supersede any prior, contrary or additional representations, whether oral or
written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO
ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF
EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. PRECOR
HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER. Some
States do not allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. PRECOR ALSO HEREBY DISCLAIMS AND
EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED,
ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE
OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO: (A) ANY
OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT
ARISING FROM THE NEGLIGENCE OF PRECOR OR ITS SUPPLIERS (WHETHER
ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT,
CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT. This
disclaimer and release shall apply even if the express warranty set forth above
fails of its essential purpose.
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 commercial equipment at the customer’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 COSTS 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 purposes 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 may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights,
which vary from state to state.
Effective 1 November 2008
P/N CW31973-103