Empi Dupel Manuel De L'utilisateur page 16

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B. This Warranty is voided immediately as to any Product which has been repaired or
modified by any person other than authorized employees or agents of Empi or which
has been subjected to misuse, abuse, neglect, damage in transit, accident or
negligence.
C. Except as provided in paragraph IIA, the product is being sold on an "as is" basis,
all accessories are sold "as is", and the entire risk as to the quality and performance of
the product is with purchaser. The warranty provided in paragraph IIA is intended
solely for the benefit of the initial purchaser and Empi disclaims all other warranties,
express or implied including, but not limited to, any implied warranties of
merchantability and fitness for a particular purpose; provided, however, that
notwithstanding the foregoing sentence, in the event an implied warranty is determined
to exist, the period for performance by Empi thereunder shall be limited to the lifetime
of the initial purchaser. No employee, representative or agent of Empi has any
authority to bind Empi to any affirmation, representation or warranty except as stated
in this written warranty policy.
(This Warranty gives the Purchaser specific legal rights and Purchaser may also have
other rights which vary from state to state. Some states do not allow limitations of how
long an implied warranty lasts, so the above limitation may not apply to the Purchaser.)
D. Empi shall not be liable to any person for any direct, indirect, special, incidental, or
consequential damages, lost profits or medical expenses caused by any defect, failure,
malfunction or otherwise of the product, regardless of the form in which any legal or
equitable action may be brought against Empi (e.g. contract, negligence or otherwise)
the remedy provided in paragraph IIIA above shall constitute purchaser's sole remedy.
In no event shall Empi's liability under any cause of action relating to the product
exceed the purchase price of the product.
(This Warranty gives the Purchaser specific legal rights and Purchaser may also have
other rights which vary from state to state. Some states do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation may not
apply to the Purchaser.)