Invacare® Ultra Low Maxx by Motion Concepts
nature of the defect and, if the product is serialized, indicate
the serial number. Do not return products to Invacare
without Invacare’s prior written authorization.
10.4 Limitations and Exclusions
The Warranty is extended only to the original purchaser
who purchases the product new and unused from Invacare
or a provider. The Warranty is not extended to any other
person or entity and is not transferable or assignable to
any subsequent purchaser or owner. Coverage under the
Warranty will end upon any such subsequent sale or other
transfer of title to any other person.
The Warranty does not apply to serial numbered products if
the serial number has been removed or defaced, products
subject to neglect, abuse, accident, improper operation,
maintenance or storage, commercial or fleet use, products
modified without Invacare's express written authorization
(including, but not limited to, modification through the use
of unauthorized parts or attachments), products damaged
by reason of repairs made to any component without
Invacare's express written authorization, or to a product
damaged by circumstances beyond Invacare's control, and
such evaluation will be solely determined by Invacare.
The Warranty does not apply to problems arising from
normal wear and tear or failure to adhere to the product
instructions. A change in operating noise, particularly
relative to motors and gearboxes does not constitute a
failure or defect and will not be repaired or replaced as all
products are expected to exhibit changes in operating noise
due to aging.
10.5 Disclaimers
The Warranty may not be modified or waived in any manner
whatsoever without Invacare's express written authorization.
THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
EXCEPT AND TO THE EXTENT AS MAY BE PROHIBITED BY
STATE OR PROVINCIAL LAW, IN NO EVENT SHALL INVACARE
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES RESULTING FROM OR
ARISING OUT OF OR RELATED TO A DEFECT IN ANY
PRODUCT, OR INVACARE’S PERFORMANCE OR FAILURE TO
PERFORM ANY OF ITS OBLIGATIONS UNDER THIS WARRANTY,
WHETHER OR NOT INVACARE HAS BEEN ADVISED, KNEW
OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.
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