70
8. Any labor costs incurred beyond the applicable labor warranty period.
9. Damage or product failure from causes external to the product or part(s) including without limitation
power or electric failure or surges, electrical wiring not in compliance with electrical codes or Sizewise
owner’s manual specifications.
10. Damage caused by failure to provide reasonable and necessary maintenance as outlined in the
owner’s manual.
11. Damage caused by the use, misuse, negligence, loss, abuse of the product or any parts by Buyer
including without limitation any third party beneficiaries, end user or others persons Buyer intends to use
the product, including without limitation (except Sizewise or an authorized Sizewise service provider):
a. exceeding the safe working load on this product or any specific weight capacity for a part,
b. cleaning upholstery or fabrics with harsh chemicals, or bleach, outside the recommended
cleaning guidelines,
c. altering, tampering with, or modifying in any manner without the express written consent of
Sizewise any part(s) or structural components or appurtenances of the products,
d. use of the product or part(s) in a manner for which it is not designed or in any manner
inconsistent with the information set forth in the Sizewise owner’s manual including without limitation
use with other devices or ancillary products for which it was not intended.
12. Exposure of the product or part(s) to, whether foreseen or unforeseen, accident, acts of God, or natural
causes (such as natural disasters, fire, flood, wind, water or power failures, acts or threats of terrorism).
13. Operation of the product beyond its normal useful life.
14. Buyer’s failure to show proof of purchase.
15. Products or items not manufactured by Sizewise. Rather for products or items obtained by Sizewise from
an original manufacturer or third party supplier Sizewise may assign to the Buyer any warranty rights in such
products or items that Sizewise may have from the original manufacturer or third party supplier, to the extent
such assignment is allowed by the original manufacturer or third party supplier.
DISCLAIMER
AND
RELEASE.
The warranties provided herein are the exclusive warranties given by Sizewise and supersede any prior,
contrary or additional representations or warranties, whether oral or written.
EXCEPT
FOR
THE
EXPRESS
WARRANTIES
IN
THIS
LIMITED
PRODUCT
WARRANTY,
SIZEWISE
DISCLAIMS
ANY
AND
ALL
OTHER
WARRANTIES
WHETHER
EXPRESS
OR
IMPLIED
WARRANTIES,
INCLUDING,
WITHOUT
LIMITATION,
ANY
WARRANTIES
OF
MERCHANTABILITY,
FITNESS
FOR
A
PARTICULAR
PURPOSE
OR
NON
‐
INFRINGEMENT,
AND
ANY
WARRANTIES
ARISING
FROM
COURSE
OF
DEALING,
USAGE
OF
TRADE,
OPERATION
OF
LAW
OR
OTHERWISE
WITH
RESPECT
TO
ANY
PRODUCT,
SERVICES,
PARTS
INCLUDING
REPAIRED
OR
REPLACED
PRODUCTS
AND
PARTS.
ARE
HEREBY
DISCLAIMED
AND
EXCLUDED.
Sizewise
ALSO
HEREBY
DISCLAIMS
AND
EXCLUDES
ALL
OTHER
OBLIGATIONS
OR
LIABILITIES,
EXPRESS
OR
IMPLIED,
ARISING
BY
LAW
OR
OTHERWISE,
WITH
RESPECT
TO
ANY
NONCONFORMANCE
OR
DEFECT
IN
ANY
PRODUCT
OR
PART(S),
INCLUDING
BUT
NOT
LIMITED
TO:
(A)
ANY
OBLIGATION,
LIABILITY,
RIGHT,
CLAIM
OR
REMEDY
IN
TORT,
WHETHER
OR
NOT
ARISING
FROM
THE
NEGLIGENCE
OF
SIZEWISE
OR
ITS
SUPPLIERS
(WHETHER
ACTIVE,
PASSIVE
OR
IMPUTED);
AND
(B)
ANY
OBLIGATION,
LIABILITY,
RIGHT,
CLAIM
OR
REMEDY
FOR
LOSS
OF
OR
DAMAGE
TO
ANY
PRODUCT
OR
PART(S).
THIS
DISCLAIMER
AND
RELEASE
SHALL
APPLY
EVEN
IF
THE
EXPRESS
WARRANTY
SET
FORTH
ABOVE
FAILS
OF
ITS
ESSENTIAL
PURPOSE.
Exclusive
Remedies.
For any product described above that Sizewise determines to have failed to conform to its warranty,
Sizewise will provide, at its option, one of the following:
(1) repair;
(2) replacement; or
(3) refund of the purchase price.
Sizewise Limited Product Warranty service may be obtained by contacting Sizewise or the authorized
dealer from whom Buyer purchased the item. Sizewise compensates only Sizewise authorized service
providers for warranty trips within their normal service area to repair commercial products at the
customer’s location.
