FITSI HEALTH, LLC LIMITED WARRANTY AGREEMENT
This agreement contains a mandatory and binding arbitration provision in which you and Fitsi Health, LLC agree to resolve any disputes between you and Fitsi Health, LLC by binding arbitration. Please see section 9 below.
This Agreement (“Agreement”) is between the original purchaser (“You”) and Fitsi Health, LLC (“Fitsi”) and applies to Fitsi Health branded products (“Products”) and services purchased in the U.S. by You from Fitsi or any of its subsidiaries or affiliates or any Fitsi authorized reseller (“Reseller”). This limited warranty is valid only in the U.S. This limited warranty extends only to You, the original purchaser, and is not transferable to anyone who subsequently purchases, leases, or otherwise obtains the Product from You.
The term of this Limited Warranty (the “Limited Warranty Period”) is thirty (30) days and shall apply to all Products. The Limited Warranty Period commences on the date of purchase by You. Your original purchase invoice (sales receipt) showing the date of purchase of the Product is your proof of the date of purchase.
1. Product Limited Warranty. Fitsi warrants that its Products will be free from defects in materials and workmanship for the Limited Warranty Period. During the Limited Warranty Period, Fitsi will, at its option: (i) provide replacement parts necessary to repair the Product; (ii) repair the Product or replace it with a comparable product; or (iii) refund the amount You paid for the Product, less depreciation, upon its return. Replacement parts and Products will be new or serviceably used, comparable in function and performance to the original part or Product and warranted for the remainder of the original warranty period or, if longer, 30 days after they are shipped to You.
2. Support. During the Limited Warranty Period, Fitsi will provide Product support.
3. Limitations and Exclusions.
This limited warranty does not cover and Fitsi is not responsible for:
· Delivery or installation, or labor charges for installation or setup of the product, adjustment of product;
· Damages caused by misuse, abuse, accidents, fire, theft, disappearance, misplacement, reckless, willful, or intentional conduct;
· Damages caused by servicing not authorized by Fitsi;
· Damages caused by usage that is not in accordance with product instructions or user manuals, failure to follow the product instructions or user manuals or failure to perform cleaning or preventive maintenance;
· Damage caused by a product or part that has been modified to alter functionality or capability without the written permission of Fitsi;
· Damages caused by the combination of Fitsi branded products with other non-Fitsi branded products, accessories, parts or components or use of products, equipment, systems, utilities, services, parts, supplies, accessories, applications, installations, repairs, external wiring or connectors not supplied or authorized by Fitsi which damage this product or result in service problems;
· Uninterrupted or error-free operation of the product;
· Any equipment or components that were not included in your product as originally sold to you;
· Normal wear and tear;
· Minor imperfections that meet design specifications;
· Cosmetic damage or exterior finish that does not affect functionality including but not limited to scratched or cracked surface;
· Products where the Fitsi patent and logo information are missing, altered or defaced;
· Damage caused as a result of improper transportation or packing/packaging when returning the product to Fitsi or a Fitsiauthorized service provider;
· A product that requires modification or adaptation to enable it to operate in any country other than the country for which it was designed, manufactured, approved and/or authorized, or repair of products damaged by these modifications.
4. Instructions for Obtaining Warranty Service. For specific instructions on how to obtain warranty service for your Product, please contact Fitsi via http://www.fitsihealth.com/contact/.
You may be required to deliver and retrieve your Product to and from Fitsi at your expense. When sending a Product to Fitsi or a Fitsi authorized reseller, You must deliver the Product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection. You are responsible for properly packaging your Product, paying all shipping costs, insurance costs, loss or damage to the Product during shipping, and any other taxes, fees, duties or charges associated with transporting the Product to Fitsi or a Fitsi authorized reseller.
YOU ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR FITSI PRODUCT DURING SHIPMENT TO FITSI OR A FITSI AUTHORIZED RESELLER.
If Fitsi asks You to return defective parts or Products, You must do so within 15 days after You receive the replacement parts or Products. If You fail to return the replacement part(s) or Product as instructed, Fitsi will charge for the authorized amount. All exchanged parts and Products replaced under this Agreement will become the property of Fitsi.
5. Implied Warranties. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT IS LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. Commercial Purchasers: Fitsi extends the above limited warranty to purchasers of Products for industrial, commercial and business use upon the same terms and conditions and exclusions applicable to consumer purchasers. HOWEVER, WITH RESPECT TO COMMERCIAL PURCHASERS, ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED AND DISCLAIMED.
6. Limitation of Liability. FITSI SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. FITSI’S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST ALLOWED BY LAW. Fitsi is not liable to You for events beyond Fitsi’s control, such as acts of god, property damage, loss of use, interruption of business, lost profits, punitive or special damages, howsoever caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise.
Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to You. This Agreement gives You specific legal rights and You may have other rights which vary from state to state, jurisdiction to jurisdiction or province to province.
7. THIS AGREEMENT PROVIDES THAT ALL DISPUTES
BETWEEN YOU AND FITSI WILL BE RESOLVED BY MANDATORY AND BINDING ARBITRATION TO THE FULLEST EXTENT PROVIDED BY LAW. YOU AND FITSI THEREFORE GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT AS FURTHER SET FORTH BELOW IN THIS SECTION 7).
To the fullest extent provided by law, and except as otherwise provided below, You and Fitsi agree that any Dispute (as further defined below in this Section 7) between You and Fitsi will be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) and conducted in accordance with the AAA’s Supplementary Procedures for Consumer-Related Disputes of the Commercial Arbitration Rules and the Consumer Due Process Protocol. YOUR RIGHTS WILL THEREFORE BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. You and Fitsi will agree on another arbitration forum, as well as procedures under which the arbitration will be conducted, if AAA ceases operations.
The arbitration will be conducted before a single arbitrator, and will be limited solely to the Dispute between You and Fitsi. Arbitration is a process whereby a dispute is submitted to an arbitrator, for a final and binding determination, known as the award. The arbitrator is an individual, similar to a judge, who reviews and weighs evidence provided by both parties, and renders an award enforceable in court. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT. YOU ACKNOWLEDGE THAT, BY WAY OF THIS AGREEMENT, YOU AND FITSI WAIVE ALL RIGHTS TO A JURY TRIAL.
The arbitration, or any portion of it, will not be consolidated with any other arbitration and will not be conducted on a class-wide or class-action basis. The arbitration shall be held at any reasonable location near your residence by submission of documents, by telephone, online or in person, whichever method of presentation chosen by both parties.
Under the AAA Supplementary Procedures for Consumer-Related Dispute and Consumer Due Process Protocol, You retain the right to seek relief in a small claims court for Disputes within the scope of the small claims court’s jurisdiction. The small claims action, or any portion of it, will not be consolidated with any other action and will not be conducted on a class-wide or class-action basis.
If You prevail in the arbitration of any Dispute with Fitsi, Fitsi will reimburse You for any fees You paid to AAA in connection with the arbitration. ANY DECISION RENDERED IN SUCH ARBITRATION PROCEEDINGS WILL BE FINAL AND BINDING ON THE PARTIES, AND JUDGMENT MAY BE ENTERED THEREON IN ANY COURT OF COMPETENT JURISDICTION.
YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT, IF ANY, AND SUBJECT TO THE RULES OF YOUR JURISDICTION, TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
This provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this Agreement, the term “Dispute” means any dispute, controversy, or claim arising out of or relating to (i) this Agreement, its interpretation, or the breach, termination, applicability or validity thereof; (ii) the related order for, purchase, delivery, receipt or use of any product or service from Fitsi; or (iii) any other dispute arising out of or relating to the relationship between You and Fitsi, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers, and/ or any third party who provides products or services purchased from or distributed by Fitsi. The term “You” means the original purchaser and those in privity with the original purchaser.
Further information may be obtained from the AAA on line at www.adr.org, by calling 800-778- 7879, or writing to American Arbitration Association, 1633 Broadway, 10th Floor, New York, NY, 10019.
8. Out of Warranty Repairs. Any services provided to You by Fitsi that are not within the scope of the Product Limited Warranty or that are not covered by an extended service plan are governed by this Agreement and are otherwise subject to the terms of the Fitsi Health, LLC out-of-warranty service procedures and any applicable service order. For a period of thirty (30) days after services are performed, Fitsi warrants that services provided by it were performed in a professional and workmanlike manner. If your problem recurs within the 30-day service warranty period, Fitsi will, at its option, (i) re-perform the services, (ii) replace the Product pursuant to the terms of this Agreement, (iii) permit You to return the Product and issue a refund pursuant to the terms of this Agreement, (iv) refund the amount You paid for the services.
9. General. Fitsi and its subsidiaries and affiliates are intended beneficiaries of this Agreement. Any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from Fitsi, other than an extended service plan, shall be governed by this Agreement. This Agreement may not be modified, altered or amended without the written agreement of Fitsi which specifically states that the writing is intended to modify, alter or amend this Agreement. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by Fitsi. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TENNESSEE, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
11. For Residents of Canada: This Agreement is subject to the applicable provisions of Canadian consumer protection laws that cannot be derogated from by private agreement or which may prohibit the application of any provision or stipulation herein. To the extent that any stipulation or provision is so prohibited it: i) shall be construed as if it had been omitted from this Agreement; (ii) will not affect the legality, validity or enforceability of that provision in any other jurisdiction; and (iii) the remaining terms and provisions of this Agreement shall remain in full force and effect. Without limiting the generality of the foregoing and notwithstanding anything to the contrary contained herein, for residents of Quebec, British Columbia and Ontario the waiver set out in Section 9 of this warranty does not apply and You retain the right to litigate disputes before a court, including the right, subject to the rules of your jurisdiction, to litigate claims on a class-action basis.
12. International Support: You must comply with all applicable export laws and regulations if You export the product from the United States or Canada. Fitsi does not accept for return any products purchased from a reseller. Customers outside the United States are responsible for paying all freight and brokerage charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to Fitsi. All international customers are responsible for all customs duties, VAT, GST and other associated taxes and charges.
Please send correspondence about this Agreement to:
Fitsi Health, LLC Customer Service
509 Lindsay Court
Chattanooga, TN 37403
Current information on technical support and warranty policies, phone number and other service information are available on our web site.