Limited Warranty. GyroGym, Inc. warrants all new GyroGym, Inc. products to be free from defects in materials and manufacture for the warranty periods set forth below. The warranty periods commence on the invoice date of the original purchase. This warranty applies only against defects discovered within the warranty period and extends only to the original purchaser of the product. Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original warranty period only. To claim under this warranty, the buyer must notify GyroGym, Inc. or your authorized GyroGym, Inc. dealer within 30 days after the date of discovery of any nonconformity and make the affected product available for inspection by GyroGym, Inc. or its service representative. GyroGym, Inc. ’s obligations under this warranty are limited as set forth below. The GyroGym is warranted to be free from manufacturing defects for one year from the date of purchase.
Important Safety Instructions With the ring assembly on the GyroGym2504, it is critical that there are no threads showing, once the couplers are tightened. They must be tightened past the threads. Failure to do so, can cause damage to the ring connectors and possible injury to the rider. This also voids any and all warranties on the GyroGym.
Conditions and Restrictions. This warranty is valid only in accordance with the conditions set forth below:
1. The warranty applies to the GyroGym, Inc. product only while
a. it remains in the possession of the original purchaser and proof of purchase is demonstrated,
b. it has not been subjected to accident, misuse, abuse, improper service, or non-GyroGym, Inc. modification. c. claims are made within the warranty period.
2. Certain products are warranted for standard commercial use only (defined as use in non-fee paying clubs or facilities and less than 6 hours daily use.
Unapproved use voids the warranty.
3. This warranty does not cover damage or equipment failure caused by failure to provide reasonable and necessary maintenance as outlined in the owner’s manual.
4. Except in Canada, GyroGym, Inc. does not pay labor outside the United States.
5. Warranties outside the United States and Canada may vary. Please contact your local Dealer for details.
This Limited Warranty shall not apply to: Normal wear and tear, consumables and cosmetic items, including, but not limited to the following: waistband padding and foot pads. Service calls to correct installation of the equipment or instruct owners on how to use the equipment. Pickup and delivery involved with repairs. Any labor costs incurred beyond the applicable labor warranty period.
Disclaimer and Release. The warranties provided herein are the exclusive warranties given by GyroGym, Inc. and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. GYROGYM, INC. HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. GYROGYM, INC. ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT 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 GYROGYM, INC. OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose.
Exclusive Remedies. For any product described above that fails to conform to its warranty, GyroGym, Inc. will provide, at their option, one of the following: (1) repair; (2) replacement; or (3) refund of the purchase price. GyroGym, Inc. Limited Warranty service may be obtained by contacting the authorized dealer from whom you purchased the item. GyroGym, Inc. compensates Servicers for warranty trips within their normal service area to repair commercial equipment at the customer’s location. You may be charged a trip charge outside the service area. THESE SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF THE BUYER FOR ANY BREACH OF WARRANTY.
EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. GYROGYM, INC. 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 EQUIPMENT, 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 purposes 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. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
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