Filter
Top Products
Owner’s Manual: Precor Residential Equipment Limited Warranty 40
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
limitation 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 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 June 2012
P/N 301997-101