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 January, 2003

P/N 36287-110

Owner’s Manual: Precor Residential Equipment Limited Warranty

47

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Precor efx 5.25, EFX 5.23 manual Exclusion of Consequential and Incidental Damages