Empi Phoenix Manual De Usuario página 36

C. Except as provided in paragraph A, 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 A is
intended solely for the benefit of the initial purchaser and Empi, Inc. 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, Inc. thereunder shall be limited to the lifetime of the initial purchaser. No employee,
representative or agent of Empi, Inc. has any authority to bind Empi, Inc. to any affirmation, representation or warranty
except as stated in this written warranty policy.
Empi, Inc. shall not be liable to any person for any direct, indirect, special, incidental or consequential damages, lost
D.
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, Inc. (e.g. contract, negligence or otherwise)
the remedy provided in paragraph A above shall constitute purchaser's sole remedy. In no event shall Empi, Inc.'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 limitations of how long an implied warranty lasts, so the above limitation may not apply to the Purchaser.
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