CUSTOMER assumes full responsibility that the Ariel Dynamics, Inc. (ADI) hardware purchased (the "Equipment"), and any copies of ADI software included with the Equipment or licensed seperately (the "Software") meets the specifications, capacity, capabilities, versatility, and other requiremnts of CUSTOMER.
CUSTOMER assumes full responsibility for the condition and effectiveness of the operating environment in which the Equipment and Software are to function, and for its installation.
ADI warrants that the exercise hardware and the machine cabinetry to be free from defects in materials and workmanship for a period of one (1) year from the date of delivery as evidenced by a copy of customer's receipt.
ADI warrants that the remaining hardware including but not limited to the computer, diskette/tape drives, video display, printers, and medium upon which the software is stored (diskettes or cassette tapes on which the program is furnished) to be free from defects in materials and workmanship for a period of ninety (90) days from the date of delivery as evidenced by a copy of customer's receipt.
This warranty is void if the exercise machine cabinet or the computer console have been opened, except by authorized service personnel, or if the Equipment or Software has been subjected to improper or abnormal use.
ADI makes no warranty as to the design, capability, capacity, or suitability for use of the Software, except as provided in this paragraph. Software is licensed on an "AS IS" basis, without warranty.
Except as provided herein, no employee, agent, franchisee, dealer or other person is authorized to give any warranties of any nature on behalf of ADI.
Except as provided herein, ADI MAKES NO WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation(s) may not apply to CUSTOMER.
LIMITATION OF LIABILITY AND REMEDIES
EXCEPT AS PROVIDED HEREIN, ADI SHALL HAVE NO LIABILITY OR RESPONSIBILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY "EQUIPMENT" OR "SOFTWARE". IN NO EVENT SHALL ADI BE LIABLE FOR LOSS OF PROFITS, OR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY BREACH OF THIS WARRANTY OR IN ANY MANNER ARISING OUT OF OR CONNECTED WITH THE SALE, LEASE, LICENSE, USE, OR ANTICIPATED USE OF THE "EQUIPMENT" OR "SOFTWARE".
NOT WITHSTANDING THE ABOVE LIMITATIONS AND WARRANTIES, ADI's LIABILITY HEREUNDER FOR DAMAGES INCURRED BY CUSTOMER OR OTHERS SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE PARTICULAR "EQUIPMENT" OR "SOFTWARE" INVOLVED.
ADI shall not be liable for any damages caused by delay in delivering or furnishing Equipment or Software.
Some states do not allow the limitation or exclusion of incidental or consequential damages, so the above limitation(s) or exclusion(s) may not apply to CUSTOMER.
ADI's entire liability and customer's exclusive remedy shall be as follows:
If a manufacturing defect is discovered during the stated warranty period, the defective equipment must be returned to an authorized center for repair along with a copy of the sales document. The CUSTOMER'S sole and exclusive remedy in the event of a defect is limited to the correction of the defect by repair, replacement, or refund of the purchase price, at ADI's election and sole expense. ADI has no obligation to replace or repair expendable items.
The CUSTOMER'S exclusive remedy, in the event of a Software manufacturing defect, is in its repair or replacement within ninety (90) calender days from the date of delivery to the CUSTOMER as evidenced by copies of the CUSTOMER'S receipt. ADIs' liability and CUSTOMER'S remedy shall be the replacement of any disk, tape or cassette which may be defective as defined.
APPLICABILITY OF WARRANTY
The terms and conditions of this Warranty are applicable as between ADI and CUSTOMER to either a sale of the Equipment and/or Software License to the CUSTOMER or to a transaction whereby ADI sells or conveys such Equipment to a third party for lease to CUSTOMER.
The limitations of liability and Warranty provisions herein shall inure to the benefit of ADI, the author, owner and/or licensor of the Software and any manufacturer of the Equipment sold by ADI.
STATE LAW RIGHTS
The warranties granted herein give the original CUSTOMER specific legal rights, and the original CUSTOMER may have other rights which vary from state to state.
This Warranty will be governed by the laws of the Commonwealth of Massachusetts.
Should you have any questions concerning this Warranty, you may contact ARIEL DYNAMICS, INC. by writing to ARIEL DYNAMICS, Inc., Sales and Service, 4891 Ronson Court, Suite F, San Diego, California 92111 USA.
THE CUSTOMER IS HEREBY ADVISED AND NOTIFIED THAT THE TERMS AND CONDITIONS OF THE LIMITED WARRANTY HEREIN IS THE COMPLETE AND EXCLUSIVE WARRANTY STATEMENT OF ARIEL DYNAMICS WHICH SUPERCEDES ANY STATEMENT, PROPOSAL OR PRIOR AGGREEMENT, ORAL OR WRITTEN, OR ANY OTHER COMMUNICATION RELATING TO THE SUBJECT MATTER OF WARRANTY AND REMEDY.
LIMITED WARRANTY AND CUSTOMER'S RESPONSIBILITY
The limited warranty gives the customer specific legal rights, and you may also have other rights which vary from state to state. To protect your investment, to assure your continued satisfaction with the machine, and to protect yourself in the event repairs are required during the limited warranty period, we strongly urge that you review the following:
As the owner, you are responsible for properly caring for the machine as specified in the User's Manual. REPAIRS REQUIRED AS A RESULT OF MISUSE, ABUSE OR FAILURE TO PROPERLY CARE FOR THE MACHINE ARE THE OWNER'S RESPONSIBILITY.
In addition to proper care, proper maintenance of the machine is most important. ADI cannot assume responsibility for: