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.