LIMITED WARRANTY OFFER AND
LIMITATION OF LIABILITY
This Limited Warranty Offer (“Offer”) states the terms and conditions upon which Torque Fitness, LLC (“We” or “Us”) extends a non-assignable LIMITED WARRANTY only to the original owner (“You”)
of the Torque Fitness product (“Product”). The warranty terms apply to in home use only. By purchasing the Product, You accept all terms and conditions of this Offer.
Please read the Assembly and Mainenance Guide and all accompanying materials/warning labels carefully prior to use of this Product and only use the Product in compliance with authorized uses
described therein.
FAILURE TO COMPLY WITH SUCH USE REQUIREMENTS WILL VOID THIS LIMITED WARRANTY.
1.
LIMITED WARRANTY ON FRAME AND WELDS. If the frame of the Product or a weld cracks or breaks, the same will be repaired or replaced by Us. Duration: As long as You own the Product.
2.
LIMITED WARRANTY ON PARTS. If the following parts are defective in material or workmanship, We will supply replacement parts free of charge: all bolts, nuts, washers, bearings, bushings,
pulleys, collars, roller pad shafts, allen head bolts, adjustment parts, weight stack selector, weight stack shaft, set screws and protector caps. Duration: As long as You own the Product.
3.
LIMITED WARRANTY ON CABLES AND UPHOLSTERY. If the coated cables or upholstered items are defective in materials or workmanship, We will, at Our sole option (and Our sole and
absolute discretion) repair or replace such defective coated cable(s) and/or upholstered item(s). Term – Ten (10) years from the date of manufacture of the Product.
4.
REPLACEMENT AND REPAIR EXPENSES. We will provide at Our sole cost only replacement parts or repair under this LIMITED WARRANTY as described above. You are responsible for all other
costs. Such costs may include, but are not limited to: (a) labor charges for service, removal, repair or reinstallation of the Product or any component part thereof; (b) shipping, delivery, handling
and administrative charges for returning parts to Us as set forth in paragraph 6; and (c) all necessary or incidental costs related to installation of replacement parts.
5.
SHIPPING. If shipping is deemed necessary (in Our sole and absolute discretion), parts must be shipped by You in their original carton or equivalent packaging, fully insured with shipping
charges prepaid by You. We do not and will not assume any responsibility for any loss or damage to the Product incurred in shipping.
6.
CLAIM PROCEDURES. If service on the Product is required during the LIMITED WARRANTY time period described herein, please contact Your authorized Torque Fitness Dealer or our Customer
Service Department at 1-877-867-7835 for instructions regarding returning or replacing parts. Please have available the following information: (a) the dealer’s name; (b) the date of purchase;
(c) the serial number of the Product (the serial number label is located next to the general product warning label and is also called out on the final assembly drawing included with Your Assembly
and Maintenance Guide ); and (d) a description of the nature of the problem. Our mailing address is: 13750 Crosstown Drive NW, Suite 204, Andover, MN 55304, USA.
7.
WARRANTY DISCLAIMER. OUR SOLE AND EXCLUSIVE WARRANTY TO YOU WITH RESPECT TO YOUR PURCHASED PRODUCT IS THE LIMITED WARRANTY SET FORTH ABOVE.
UNLESS OTHERWISE SPECIFICALLY PROVIDED ABOVE, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCT AND WE HEREBY SPECIFICALLY EXCLUDE
AND DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION, VALUE OR FITNESS FOR ANY INTENDED USE AND/OR NON-INFRINGE-
MENT, ALL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THE UNIFORM COMMERCIAL CODE IN THE STATE IN WHICH YOU RESIDE,
OR, IF YOU RESIDE IN A COUNTRY OTHER THAN THE UNITED STATES, THE FOLLOWING RELATIVE TO YOUR COUNTRY OF RESIDENCE: DIRECTIVE 1999/44/EC OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL OF 25 MAY 1999 ON CERTAIN ASPECTS OF THE SALE OF CONSUMER GOODS AND ASSOCIATED GUARANTEES; THE AUSTRIAN COMMERCIAL
CODE; THE AUSTRALIA SALE OF GOODS ACT; ANY SALE OF GOODS ACT OR CONSUMER PROTECTION STATUTE WITHIN ANY PROVINCE OF CANADA; THE FRENCH CIVIL CODE
OF 1804 (INCLUDING BUT NOT LIMITED TO ARTICLES 1625-1649 AND 1693 THEREOF); THE GERMAN COMMERCIAL CODE; THE JAPAN CIVIL CODE; THE INDIAN SALE OF GOODS
ACT 1930; THE IRELAND SALE OF GOODS AND SUPPLY OF SERVICES ACT 1980; THE ISRAEL STANDARD CONTRACT LAW; THE ISRAEL CONSUMER PROTECTION LAW 5741-1981;
THE ISRAEL DEFECTIVE PRODUCTS LIABILITY LAW, 5740-1980; THE MEXICO COMMERCIAL CODE AND/OR SECTION 1980 OF THE MEXICAN CIVIL CODE; THE CIVIL CODE OF THE
RUSSIAN FEDERATION; THE RUSSIAN FEDERATION STATUTE ON PROTECTION OF RIGHTS OF CONSUMERS; THE SWISS FEDERAL CODE OF OBLIGATIONS; THE NEW ZEALAND SALE
OF GOODS ACT; AND THE UNITED KINGDOM SALE AND SUPPLY OF GOODS ACT 1994, AND AS ANY OF THE SAME MAY BE AMENDED AT ANY TIME AND FROM TIME TO TIME, ALL
OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED BY US.
8.
LIMITATION OF LIABILITY. OUR LIABILITY (AND YOUR EXCLUSIVE REMEDY) SHALL BE LIMITED TO THE REPAIR OF OR THE REPLACEMENT OF PRODUCT OR THE PRODUCT
COMPONENTS OR PARTS AS SET FORTH ABOVE, AT OUR SOLE AND ABSOLUTE DISCRETION. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THIS WARRANTY DOES NOT COVER
NORMAL OR REMEDIAL MAINTENANCE REPAIRS, FAILURES DUE TO ACCIDENT OR IMPROPER USE OF THE PRODUCT, OR DAMAGES OR DEFECTS IN THE PRODUCT CAUSED OR
CONTRIBUTED TO BY ANY CAUSE EXTERNAL TO THE PRODUCT.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITH RESPECT TO PRODUCTS SOLD TO CUSTOMERS LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA, IN THE
EVENT A COURT OF COMPETENT JURISDICTION SITUATED WITHIN YOUR COUNTRY OF RESIDENCE GRANTS YOU THE RIGHT TO RESCIND THE PURCHASE OF THE PRODUCT
PURSUANT TO APPLICABLE LAW, YOU SHALL IMMEDIATELY RETURN THE PURCHASED PRODUCT TO US PURSUANT TO DELIVERY METHODS REASONABLY REQUIRED BY US,
WHICH DELIVERY SHALL BE AT YOUR COST (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). IN SUCH EVENT, YOUR REMEDY SHALL IN ALL EVENTS BE LIMITED TO
THE AMOUNT ACTUALLY PAID BY YOU, AND ACTUALLY RECEIVED BY US (OR OUR REPRESENTATIVE), FOR THE PRODUCT THAT IS THE SUBJECT OF A CLAIM OF BREACH OF THIS
WARRANTY (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW).
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