Precor 5.33, 5.23 manual Exclusive Remedies, Exclusion of Consequential and Incidental Damages

Models: 5.33 5.23

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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 Januar y, 2003

P/ N 3 6287 - 110

Owner’s Manual: Precor Residential Equipment Limited Warranty

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Precor 5.33, 5.23 manual Exclusive Remedies, Exclusion of Consequential and Incidental Damages