BY USING YOUR FITINDEX PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE WARRANTY BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN FITINDEX’S RETURN POLICY.
LIMITED PRODUCT WARRANTY
Fitindex warrants to original purchasers in the United States and Canada that your new Fitindex products contained in the original packaging shall be free from defects in materials and workmanship under normal use in a home environment for a period of one (1) year from the date of the original retail purchase (the “Warranty Period”).
If you purchased the Product in the EU, your purchase is subject to your statutory right to have it replaced or repaired within a two (2) year period of receipt of the product if the product develops a fault or does not operate as advertised.
This limited warranty is valid to the extent permitted by applicable law.
EXCLUSIONS AND LIMITATIONS
This product is not intended for commercial use, and commercial use of this product will void this warranty. Fitindex does not warrant that the operation of the product will be uninterrupted or error-free. Fitindex is not responsible for damage arising from failure to follow instructions relating to the product’s use. The warranty also terminates if the Fitindex product is sold or transferred.
This Warranty does not apply: (a) to software in any product and related services provided by Fitindex; (b) to batteries or product coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (c) to cosmetic damage, such as scratches and dents, unless failure has occurred due to a defect in materials or workmanship; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Product outside Fitindex published guidelines, including (i) outside the permitted or intended uses described by Fitindex, (ii) not in accordance with instructions provided by Fitindex, or (iii) with improper voltage or power supply; (f) to damage caused by service performed by anyone who is not a representative of Fitindex; (g) to a Product that has been modified to alter functionality or capability without the written permission of Fitindex; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Product; and (i) stolen or counterfeit products.
No Fitindex reseller, distributor, agent, or employee is authorized to make any modification, extension, or addition to the product warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
WHAT WILL HAPPEN IF YOU SUBMIT A WARRANTY CLAIM?
If during the Warranty Period you submit a claim in accordance with this warranty, Fitindex will, at its option:
(i) repair the product using new or previously used parts that are equivalent to new in reliability and performance,
(ii) replace the product with the same model (or with your consent a similar functioning product) made from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) reimburse the buyer the purchase price (less any amount directly attributable to use by the buyer before discovering the nonconformity.)
Fitindex products may include complex integrated components for which repair, such as cracked screens or faulty batteries, may not be possible outside of factory conditions, and repair facilities or spare parts may not be available for your product or around your location. Therefore, goods presented for repair may be replaced by refurbished goods of equivalent type rather than being repaired. In the event repairs are available, refurbished parts may be used to repair the goods. Repair or replacement of goods that are capable of retaining user-generated data may result in loss of that data.
Fitindex reserves the right to make product substitutions in lieu of repair or replacement. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies.
Any replacement product will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period of time that may be required by applicable law.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service on your Fitindex product, contact a Customer Services representative for assistance. Please make sure to have the model number of the product available and the date you purchased the product.
Before receiving warranty service, Fitindex or its agents may require that you provide proof of purchase details, respond to questions designed to assist with identifying potential issues, and follow its procedures for obtaining warranty service, as permitted or required by law.
It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Fitindex will not be responsible for any such loss.Customer Service can be reached by phone or email:
Customer Services Hotline
Mon-Fri 9:00AM-4:30PM (PST)
United Kingdom 44-743-466-6088
Mon-Fri 9:00AM-5:00PM (GMT)
WARRANTY SERVICE OPTIONS
Fitindex will provide warranty service as follows: If Fitindex determines that your Product is eligible for mail-in service, Fitindex will send you prepaid packaging slip and instructions on how to properly pack and address your product, so that you may ship your Product to a repair location. Otherwise, shipping and handling charges may apply except where prohibited by applicable law.
Fitindex reserves the right to change the method by which it may provide warranty service to you.
DISCLAIMER OF IMPLIED WARRANTIES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY AND ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS) ARE DISCLAIMED. IF THE APPLICABLE JURISDICTION DOES NOT ALLOW WARRANTIES TO BE DISCLAIMED IN THEIR ENTIRETY, THEN, AS MAY BE PERMITTED BY LAW, THEY SHALL BE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.
LIMITATION OF DAMAGES
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, FITINDEX SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FITINDEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Fitindex’s limited warranty is governed by California law, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.