Home Gym Warranty
RESIDENTIAL WARRANTY
This Limited Warranty Offer (“Offer”) states the terms and conditions upon which Torque Fitness, LLC (“Torque”) 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. USE OF RESIDENTIAL PRODUCT IN A COMMERCIAL ENVIRONMENT WILL VOID THIS LIMITED WARRANTY.
Please read the Assembly and Maintenance 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 TERM. See RESIDENTIAL WARRANTY TERMS below.
2. REPLACEMENT AND REPAIR EXPENSES. Torque will provide at their 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 Torque; and (c) all related necessary or incidental costs.
3. SHIPPING. If shipping is deemed necessary (in Torque’s 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. Torque does not and will not assume any responsibility for any loss or damage to the Product incurred in shipping.
4. CLAIM PROCEDURES. If service on the Product is required during the LIMITED WARRANTY Term described herein, please contact Torque Customer Service at +1-763-754-7533 or through our website atwww.torquefitness.com Please have available the following information: (a) where you purchased the Product; (b) the date of purchase; (c) the serial number of the Product (the serial number label can be located on the Product and is also called out on the final assembly drawing included with Your Owner’s Manual); and (d) a description of the nature of the problem. Our mailing address is: 11201 Xeon St NW, Suite 101, Coon Rapids, MN 55448 USA.
5. WARRANTY DISCLAIMER. TORQUE’S SOLE AND EXCLUSIVE WARRANTY TO YOU WITH RESPECT TO YOUR PURCHASED PRODUCT IS THE LIMITED WARRANTY SET FORTH ABOVE. UNLESS OTHERWISE SPECIFICALLY PROVIDED ABOVE, TORQUE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE PRODUCT AND TORQUE HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS 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-INFRINGEMENT, ALL TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
6. LIMITATION OF LIABILITY. TORQUE’S LIABILITY (AND YOUR EXCLUSIVE REMEDY) SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT, PRODUCT COMPONENTS, OR PARTS AS SET FORTH ABOVE, AT TORQUE’S SOLE AND ABSOLUTE DISCRETION. IN NO EVENT SHALL TORQUE 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. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WITH RESPECT TO PRODUCT 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 TORQUE PURSUANT TO DELIVERY METHODS REASONABLY REQUIRED BY TORQUE, WHICH DELIVERY SHALL BE AT YOUR COST (TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). IN SUCH EVENT, YOUR REMEDY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, AND ACTUALLY RECEIVED BY TORQUE (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).
7. EXCEPTIONS. THE LIMITED WARRANTY DOES NOT COVER NORMAL OR REMEDIAL MAINTENANCE REPAIRS, FAILURES DUE TO ACCIDENT, IMPROPER USE OF THE PRODUCT, OR DAMAGES OR DEFECTS IN THE PRODUCT CAUSED OR CONTRIBUTED TO BY ANY CAUSE EXTERNAL TO THE PRODUCT. Any Product misuse, abuse, alteration, any attempt to repair by a person other than an authorized Torque Fitness service provider, any improper assembly, accident, or any other condition resulting from occurrences beyond Torque’s control will void this LIMITED WARRANTY. Since conditions of use over which Torque has no control may have a significant effect on the Product, Torque disclaims any warranty that the Product will conform to any standards and requirements set forth in the United States Occupational Safety and Health Act of 1970 (OSHA), as amended, or the rules and regulations promulgated thereunder.
8. NO AMENDMENT. You have purchased the Product subject to the foregoing warranty disclaimer and limitation of remedies, which may be varied only by agreement in writing signed by a duly authorized Torque officer. No agent, employee or representative of Torque has any authority to bind Torque to any affirmation, representation or warranty concerning the Product, except for an authorized Torque officer who agrees to the same in writing.
9. NON-ASSIGNABILITY. In no event is any affirmation, representation or warranty relating to the Product applicable to anyone other than You, and no other person is entitled to rely thereon. Your rights with respect to the LIMITED WARRANTY may not be assigned or transferred to any third party and any attempted such assignment or transfer shall be null and void.
10. INSPECTION. Unless otherwise agreed to in writing by Torque, You will inspect the Product immediately after arrival and must notify Torque in writing within thirty (30) calendar days after receipt of any shortages, non-conformance or any other observable defects with respect to the Product. Any shortages, non-conformance or any other observable defects with respect to the Product not reported by You in writing within such thirty (30) calendar day period shall be forever waived by You and delivery of the Product shall be deemed accepted by You (subject to the Warranty contained within this Offer).
11. CHOICE OF LAW. Except as otherwise provided within Section 8, this Offer and all rights and/or obligations associated herewith shall be governed by and construed in accordance with the laws of the State of Minnesota, including, without limitation, the Minnesota Uniform Commercial Code for the Sale of Goods, to the fullest extent permitted by applicable law. PURSUANT TO ARTICLE 6 OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES HEREBY EXPRESSLY AGREE THAT THE UN CONVENTION SHALL NOT APPLY TO THIS OFFER (INCLUDING BUT NOT LIMITED TO ARTICLE 35 OF THE CONVENTION OR ANY SUCCESSOR PROVISION THERETO), THE PRODUCT SOLD TO YOU, OR THE RELATIONSHIP BETWEEN THE PARTIES CONTEMPLATED HEREBY.
Residential Warranty TERMS
Strength Equipment* – Anker, F9, X-Gym
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|
Term |
|
Frame and Welds |
10 Years |
|
Structural Moving Parts |
5 Years |
|
Hardware, Pulleys, Bearings, Bushings |
1 Year |
|
Cables |
1 Year |
|
Paint / Finish |
1 Year |
|
Upholstery, Grips, Other Wear Items |
90 Days |
*Indoor Use only
Tank M1
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|
Term |
|
Frame |
10 Years |
|
Hardware, Pulleys, Bearings, Bushings |
1 Year |
|
Paint/Finish |
1 Year |
|
Tires, Inner Tubes, Grips, Other Wear Items |
90 Days |
Tank Accessories
|
|
Term |
|
Tank M1 Console |
2 Years |
|
Attachments & Accessories (excl. Soft Goods) |
1 Year |
|
Soft Goods |
90 Days |