Diamondback Fitness (“Diamondback”) warrants to the original purchaser of a Diamondback Fitness elliptical, recumbent bike, upright bike, or indoor cycle (the “Product”) in a residential home setting the following:
5-Year product lifetime limited warranty. (USA & Canada) The frame and brakes will be free from defects in material and workmanship under normal use in the home environment for a period of five (5) years from the date of original purchase.
3-Year parts and electronic components. (USA & Canada) All other parts and components of the Product shall be free from defect in material and workmanship for a period of three (3) years from the date of purchase when the Product is used as recommended by Diamondback Fitness under normal family household uses and conditions.
1-Year labor for a service technician. (USA Only) Labor is covered for (1) one year from the date of purchase. During the warranty period Diamondback Fitness will at no additional charge to you, repair or replace (at Diamondback Fitness’ option) the Product or any part of the Product if it becomes defective, malfunctions, or otherwise fails to conform with this Limited Warranty. All labor for any required repair is the responsibility of the owner.
90-Days Warranty Wear Items. (USA & Canada) Wear and tear items include things such as seats, rubber and foam grips, pedal straps, and foam foot pad inserts.
Any commercial or industrial use of Diamondback Fitness products including, but not limited to, commercial gyms, shared facilities (apartments, condominiums, residential associations) and similar settings will automatically void the manufacturer’s warranty.
After 90-Days, this warranty does not cover normal wear and tear on items such as, but not limited to, pulleys, cords, footings, rubber grips, plastic end caps, scratched parts, broken covers, cosmetic damage, and excludes paint & finish. Wear items pertain to components that might need to be replaced due to wear and tear resulting from normal usage.
This warranty is void if the Produce is improperly stored, assembled, altered and/or modified in any way, misused, abused, is subject to accident, is improperly maintained, and this warranty does not cover repair for any noises such as: squeaks, clunks, thumps resulting from poor or lack of preventive maintenance.
This Limited Warranty does extend to any Product that is damaged or rendered defective; (a) as a result of accident, misuse, or abuse; (b) use with the Product of any part not manufactured or sold by Diamondback Fitness; (c) by modification of the Product; (d) by normal wear and tear; or (e) as a result of service by anyone other than Diamondback Fitness, or an authorized Diamondback Fitness service provider.
This Limited Warranty is void if the Product serial number has been defaced or removed. Should any Product be submitted for warranty service be found ineligible, an estimate of repair cost will be furnished.
Any evidence of alteration, erasing or forgery of proof-of-purchase documents voids this Limited Warranty. This Limited Warranty applies only to Product purchased from Diamondback Fitness or from an authorized Diamondback Fitness reseller.
Any labor cost above what is allocated by Diamondback Fitness is the responsibility of the original purchaser.
If a Product requires shipment, delivery or transport to an area that is not within a Diamondback Fitness distribution area, or serviced is needed outside of a serviceable area, it is the purchaser’s sole responsibility to pay any fees associated with servicing of the Product out of Diamondback Fitness distribution or serviceable area.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTY, IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW; AND DIAMONDBACK FITNESS NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY TO ASSUME FOR IT ANY DUTY, OBLIGATION OR LIABILITY IN CONNECTION WITH ITS PRODUCTS. DIAMONDBACK FITNESS HEREBY DISCLAIMS AND HAS ABSOLUTELY NO LIABILITY FOR ANY AND ALL ACTS OF THIRD PARTIES INCLUDING DEALERS, ASSEMBLERS OR MAINTENANCE PROVIDERS. IN THE EVENT OF A CLAIM OR A DISPUTE INVOLVING DIAMONDBACK FITNESS OR ITS SUBSIDIARY, THE VENUE SHALL BE SALT LAKE COUNTY IN THE STATE OF UTAH. UTAH STATE LAWS AND APPLICABLE FEDERAL LAWS SHALL APPLY AND GOVERN THE DISPUTE. THE MAXIMUM RECOVERY UNDER ANY CLAIM AGAINST DIAMONDBACK FITNESS SHALL BE STRICTLY LIMITED TO THE PURCHASE PRICE OF THE DEFECTIVE PART. DIAMONDBACK FITNESS SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, DAMAGES FOR THE LOSS OF TIME, LOSS OF EARNINGS, COMMERCIAL LOSS, LOSS OF ECONOMIC OPPORTUNITY AND THE LIKE.
Some states do not allow limitations on how long an implied warranty will last or the exclusion or limitation of incidental or consequential damages. This warranty gives you specific legal rights and you may also have other rights that vary from State to State. Diamondback Fitness does not and has not authorized any person or entity to create for it any other obligation, promise, duty or obligation in connection with this Product.