PLANX Fitness, LLC (“PLANX” or “Company” or “us” or “our”) provides the following express warranty to its customers (“you”) for the applicable product sold by the Company.
Express Product Warranty. The Company hereby provides the following express warranty for any product sold by the Company: one (1) year on all parts from the date of sale of the product at issue; and one (1) year on all labor from the date of sale of the product at issue. COMPANY EXPRESSLY WARRANTS ALL NEW PRODUCTS TO BE FREE FROM DEFECTS IN MATERIALS AND MANUFACTURE FOR THE WARRANTY PERIODS SET FORTH ABOVE. THE WARRANTY PERIODS COMMENCE ON THE SALE DATE ON THE ORIGINAL PURCHASE. THIS WARRANTY APPLIES ONLY AGAINST DEFECTS DISCOVERED WITHIN THE WARRANTY PERIOD AND EXTENDS ONLY TO THE ORIGINAL PURCHASER OF THE PRODUCT. ONLY PARTS, REPAIRS, AND/OR MODIFICATION SUPPLIED BY THE COMPANY, UNDER THE TERMS OF THIS WARRANTY, WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD. TO PROCESS A CLAIM UNDER THIS WARRANTY, THE PURCHASER MUST NOTIFY COMPANY IN WRITING WITHIN THIRTY (30) DAYS AFTER THE DISCOVERY OF THE ALLEGED DEFECT AND MAKE THE PRODUCT AVAILABLE FOR INSPECTION BY THE COMPANY. FAILURE TO TIMELY AND PROPERLY NOTIFY COMPANY IN WRITING WILL RESULT IN NULLIFICATION OF THIS WARRANTY. ANY PARTS, REPAIRS, AND/OR MODIFICATION SUPPLIED BY A NON-COMPANY REPRESENTATIVE VOIDS THE ENTIRE WARRANTY FOR THIS PRODUCT. NO OTHER EXPRESS WARRANTY IS GIVEN WITH THE PURCHASE AND COMPANY DISCLAIMS ANY AUTHORITY FOR ANY EMPLOYEE OR AGENT TO PROVIDE OR MAKE ANY OTHER WARRANTY OF ANY KIND WHETHER IN WRITING OR ORALLY.
This warranty is valid only in accordance with the conditions set forth below:
1. The warranty applies to the Company product only while (i) title and possession remain in the original purchaser and proof of purchase is demonstrated; (b) it has not been subjected to casualty, misuse, abuse, service or modification performed and not authorized by the Company; or (c) claims are made timely and properly within the warranty period by written notice within thirty (30) days of the discovery of the defect.
2. This warranty does not cover damage or equipment failure caused by any type of misuse or misconduct.
3. This limited warranty shall not apply to cosmetic items attributable to normal wear and tear of the product.
4. The purchaser has paid all for all applicable pickup, delivery, or freight charges involved with repairs.
Warranty Service. To request warranty service, the first step is to provide proof of purchase. The easiest way to provide proof of purchase is to email maganuttz@gmail.com. You must provide valid documentation of the purchase. For a complete product replacement, provide written notice of your claim within thirty (30) days of when you discovered the defect to: maganuttz@gmail.com.
Once your product has been authenticated by a customer service representative, you will be issued a Return Authorization Number and instructions for returning the product. Customers are responsible for the cost of shipping items to the Company. After the product is received, a Company representative will inspect it and contact you within three (3) business days to give you the results of the inspection. If your product is not covered under this express product warranty, it will be sent back to you. The Company will pay the return shipping costs for all products that are covered under this express warranty. Any products sent to the Company without a Return Authorization Number will be refused and returned to sender.
Warranty Disclaimer. The express warranties provided herein are the exclusive warranties given by the Company and supercede any prior, contrary or additional representation/warranties, written or oral. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITYAND/OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO THE PRODUCT OR ANY PARTS OF THE PRODUCT DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PRODUCT OR PARTS. COMPANY HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER. SOME STATES DO NOT ALLOW LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
COMPANY ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED ARISING BY LAW OR OTHERWISE WITH REGARD TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF COMPANY OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO THE PRODUCT. THIS DISCLAIMER AND RELEASE SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS IN ITS ESSENTIAL PURPOSE.
COMPANY DISCLAIMS AND DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THESE SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF THE BUYER FOR ANY BREACH OF WARRANTY. COMPANY AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR DAMAGE TO THE PRODUCT, PROPERTY DAMAGE, LOSS OF USE, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, ADDITIONAL COSTS INCURRED BY BUYER (BY WAY OF CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT. THIS EXCLUSION APPLIES EVEN IF THE ABOVE WARRANTY FAILS OF ITS ESSENTIAL PURPOSE AND REGARDLESS OF WHETHER SUCH DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY.
BY PURCHASING AND USING THIS PRODUCT, YOU KNOWINGLY AND FREELY ASSUME ALL RISKS RELATED TO YOUR USE OF ANY PRODUCT THAT YOU PURCHASE FROM THE COMPANY, AND/OR YOUR PARTICIPATION IN ANY ACTIVITY WHERE YOU USE A PRODUCT PURCHASED FROM THE COMPANY, BOTH THE RISKS KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL OR WANTON MISCONDUCT OF COMPANY. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST, THE COMPANY, AND RELEASE, AND FOREVER DISCHARGE, HOLD HARMLESS, AND PROMISE NEVER TO SUE THE COMPANY, ITS OFFICERS, DIRECTORS, OFFICIALS, EMPLOYEES, AGENTS, VOLUNTEERS, SUCCESSORS, ASSIGNS, SPONSORS AND/OR ADVERTISERS (INDIVIDUALLY, A “RELEASEE” AND, COLLECTIVELY, THE “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO MY PERSON OR PROPERTY, WHETHER ARISING FROM, OR CAUSED BY, NEGLIGENCE, GROSS NEGLIGENCE, AND/OR WILLFUL OR WANTON MISCONDUCT OF THE RELEASEES.
Limitation of Liability. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF ANY PRODUCT PURCHASED FROM THE COMPANY AND OTHER INFORMATION CONTAINED THEREIN OR THESE TERMS OF USE. IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH ANY PRODUCT SOLD TO YOU BY THE COMPANY EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE PRODUCT AT ISSUE IN ANY PARTICULAR CLAIM, OR ONE THOUSAND DOLLARS, WHICHEVER IS LESS.
Dispute Resolution. EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using purchasing any product sold by the Company, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with the purchase of any product sold by the Company, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Winona, Minnesota or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply Minnesota law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Any disputes related to any product purchased from the Company shall be governed by the internal laws of the State of Minnesota without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision set forth above shall be governed by the Federal Arbitration Act.
You agree that any claim against the Company arising your purchase of any product from the Company, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
If the Company employs attorneys to defend itself in any claim brought by you, you shall reimburse the Company for its reasonable attorneys’ fees. In the event that you bring any claims against the Company that are ultimately unsuccessful, you agree to reimburse the Company for any attorneys’ fees incurred in connection with the defense of the unsuccessful claims brought by you.
You hereby waive all right to initiate any class action lawsuit or arbitration against the Company, and hereby waive your right to participate in any pending or putative class action lawsuit or arbitration against the Company. In the event that the Company brings any action against you to enforce any provision or right under these Terms of Use, you agree that you shall not assert any counterclaims in that proceeding. Any such counterclaims must be brought in a separate proceeding.