Precor 9.35 Owner's Manual page 78

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
This exclusion applies even if the
INABILITY TO USE THE PRODUCT.
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 76