HIITAXLE Limited Warranty
HIITAXLE, LLC.(“HIITAXLE”) extends the following Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the HIITAXLE will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.
WHAT IS COVERED
The Limited Warranty applies for the following components of HIITAXLE, for the time period indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the HIITAXLE remains in the possession of the original purchaser.
BASE: ONE YEAR
HIITAXLE warrants the base against defects in workmanship and materials for a period of one year from the date of original purchase.
AXLE: ONE YEAR
HIITAXLE warrants the axle against defects in workmanship and materials for a period of one year from the date of original purchase.
SKATE: ONE YEAR
HIITAXLE warrants the skate against defects in workmanship and materials for a period of one year from the date of original purchase.
PEDESTAL: ONE YEAR
HIITAXLE warrants the pedestal against defects in workmanship and materials for a period of one year from the date of original purchase.
WHO IS COVERED
- The original purchaser of the HIITAXLE. The HIITAXLE must remain in the possession of the original purchaser. This Limited Warranty is non transferable.
WHAT WILL HIITAXLE DO
- If a defect arises in the HIITAXLE or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for HIITAXLE to, at HIITAXLE’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning HIITAXLE or component with the same or a comparable model.
- Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
EXCLUSIONS AND LIMITATIONS
What is NOT Covered
- Any other HIITAXLE products or services, non-HIITAXLE products or labor, units that are, or that HIITAXLE reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, and units missing serial numbers.
- Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance, installation, relocation, or repair (other than that caused by HIITAXLE), use of the HIITAXLE with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with HIITAXLE, or any use contrary to the instructions in the HIITAXLE.
- Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by HIITAXLE.
- Incidental or consequential damages. HIITAXLE is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. HIITAXLE does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation.
- Any attempt to move or repair fitness equipment creates a risk of injury and property damage. HIITAXLE is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair or attempted repair of equipment by anyone other than HIITAXLE or HIITAXLE Manufacturer. All moves or repairs attempted by you or your agents are undertaken AT YOUR OWN RISK and HIITAXLE shall have no liability for any injury to person or property arising from such attempted moves or repairs.
- Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by HIITAXLE or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms.
THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY HIITAXLE AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTEND PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTGER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
HOW TO OBTAIN LIMITED WARRANTY
To be eligible for service under this Limited Warranty you must contact
HIITAXLE at the contact information below. You will be asked to provide
HIITAXLE with the serial number of your HIITAXLE and a dated receipt, or other proof of purchase indicating the date purchased, upon discovering any Nonconformity or defect. Claims must be made within the specified warranty period.
The parties hereto agree that all actions or proceedings arising in connection with HIITAXLE, LLC sales activities, the use of its products, and relationship with users of this website, shall be tried and litigated exclusively in the Sate and/or Federal Court located in the County of Los Angeles, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between the parties with respect to, or raising out of, any and all activities in connection with HIITAXLE, LLC business relationship with users of this website, and thus no other jurisdiction other then that specified in this paragraph is possible. Each party hereby waives any right it may have to in accordance with this paragraph, and stipulates that the State and Federal courts located in the County of Los Angeles, State of California, shall have in personam jurisdiction and venue over each of them for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to this Agreement. Each party hereby authorizes and accepts service of process sufficient for personal jurisdiction in any action against it as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid, to its address for the giving of notices as set forth in this Agreement. Any final judgement rendered against a party in action or proceeding shall be conclusive as to the subject of such final judgement and maybe enforced in other jurisdictions in any manner provided by law.
HIITAXLE welcomes your questions or comments regarding this Warranty. If you believe that HIITAXLE has not adhered to this Warranty, please contact HIITAXLE at:
2333 Pontius Blvd
Los Angeles, California 90064
Email Address: [email protected]
Telephone Number: (424) 298-0325
Effective as of October 18, 2020