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Commercial Cardiovascular Equipment Limited Warranty 49
This Limited Warranty shall not apply to:
1. Software version upgrades.
2. Software defects that do not materially and negatively affect the normal performance
of the product under normal conditions of use.
3. Consumable goods or cosmetic items of the product, the exterior of which has been
damaged or defaced as a result of abuse, misuse, accident, improper service or
installation, mishandling, or modification in design or construction not authorized by
Precor.
4. Repairs performed on Precor equipment missing a serial number or with a serial tag
that has been altered or defaced.
5. Service calls to correct installation of the equipment or instruct owners on how to use
the equipment.
6. Pickup and delivery involved with repairs.
7. Any labor costs incurred beyond the applicable labor warranty period.
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.