Warranty

NuStep Recumbent Cross Trainer Limited Warranty (United States and Canada)

NuStep, LLC. (“NuStep”) warrants to the original purchaser (the “Purchaser”) of a NuStep Recumbent Cross Trainer (a “Cross Trainer”) who resides in any of the 50 States or the District of Columbia in the United States or in any of the ten Provinces in Canada that the Cross Trainer is on the date released for delivery to the Purchaser by NuStep or a NuStep authorized distributor (the “Delivery Date”) free from defects in materials and workmanship and will function in accordance with published specifications if assembled and used in accordance with the instructions in the NuStep Assembly Instructions and User Manual for that Cross Trainer. NuStep’s warranty for all component parts of the Cross Trainer (other than the frame) will be effective for three years after the Delivery Date for the NuStep T6 model and five years after the Delivery Date for all other NuStep models, and NuStep’s warranty for the frame elements of the Cross Trainer will be effective for ten years after the Delivery Date for all NuStep models (each the “Applicable Warranty Period”). The frame elements include the frame and seat rail and, for Models of the Cross Trainer that include a rear support, the rear support bracket, rear support nut plate, console bracket, frame brace and frame joint. To benefit from this warranty, the Purchaser, within the warranty period applicable to the defective part, must deliver written notice to NuStep at the fax number, post office address or email address stated below identifying the claimed defect in the Cross Trainer and, if the defect relates to the console, leveler foot, upper arm, arm lock, any cover, foot pedal tread insert or other customer installable parts (an “Installable Part”), at the Purchaser’s cost, must return that Installable Part to NuStep at the address stated below. If written notice of the claim is received by NuStep during the first year following the Delivery Date, NuStep will, subject to the next following sentences, supply the labor and parts necessary to repair or, at NuStep’s option, replace any part of the Cross Trainer which upon examination by NuStep is determined by NuStep to have been defective on the Delivery Date. If the defective part is an Installable Part, then NuStep will supply that Installable Part to the Purchaser and the Purchaser will be responsible for the labor and other expense of re-installing the repaired or replacement Installable Part supplied by NuStep. If the defective part is not an Installable Part, then NuStep will be responsible for the labor and other expense of removing and re-installing the defective part. NuStep will not be responsible for the labor or other expense of removing or re-installing defective parts for Purchasers located in remote areas of Alaska or Canada. Please contact NuStep for details on NuStep service areas. If written notice of the claim is received by NuStep during the Applicable Warranty Period but after the first year following the Delivery Date, then NuStep will supply all parts necessary to repair or, at NuStep’s option, replace any part of the Cross Trainer which upon examination by NuStep is determined by NuStep to have been defective on the Delivery Date and the Purchaser will be responsible for the labor and other expense of removing and re-installing the defective part. NuStep’s warranty obligation will not extend to the repair or replacement of accessories, batteries, foam grips, seat covers or other parts subject to wear and tear as a result of usage or to the repair of cosmetic damage to the Cross Trainer after the Delivery Date. Replaced parts, at NuStep’s discretion, may be new or reconditioned parts. All repaired or replaced parts will be warranted against defects under this Warranty Statement for the remaining portion of the original Applicable Warranty Period. This warranty applies to the Cross Trainer only if the Cross Trainer has been assembled in accordance with the Assembly Instructions for that Cross Trainer; only as long as the Cross Trainer is owned by the original Purchaser; has not been damaged by accident, abuse, misuse or misapplication, (including, without limitation, uses exceeding the user weight limit specified in the User Manual for that Cross Trainer), vandalism, or as a result of improper service or unauthorized modification; and the Cross Trainer has not been removed from the United States or Canada. The provisions of this Warranty Statement and the benefits herein are for the sole benefit of the original Purchaser, and confer no rights, benefits or claims upon any other person or entity. NuStep reserves the right to make changes and improvements in the design and construction of existing and new models of its Cross Trainers without being obligated to make corresponding changes and improvements in previously manufactured models. NUSTEP MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED IN THIS WARRANTY STATEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUSTEP DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE CROSS TRAINER SHALL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE AND ALL IMPLIED WARRANTIES AND IMPLIED CONDITIONS CONTAINED IN THE UNIFORM COMMERCIAL CODE AS ADOPTED IN STATES OR DISTRICT OF COLUMBIA IN THE UNITED STATES, THE SALE OF GOODS ACT AS ADOPTED IN PROVINCES OF CANADA AND SIMILAR STATUTES. SOME JURISDICTIONS DO NOT ALLOW, OR LIMIT THE EFFECT OF, LIMITATIONS ON IMPLIED WARRANTIES, SO THAT THIS LIMITATION MAY NOT APPLY TO ALL PURCHASERS. NUSTEP’S RESPONSIBILITY FOR MALFUNCTIONS OR DEFECTS IN THE CROSS TRAINER OR ANY FAILURE OF THE CROSS TRAINER TO FUNCTION IN ACCORDANCE WITH PUBLISHED SPECIFICATIONS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY STATEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUSTEP SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOSS OF USE OF THE CROSS TRAINER, INCONVENIENCE OR DAMAGES OF ANY CHARACTER, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOSS OF REVENUE OR PROFIT, ECONOMIC LOSS, PROPERTY DAMAGE OR WORK STOPPAGE), OR OTHER DAMAGES OF ANY KIND RESULTING FROM THE USE OF THE CROSS TRAINER, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THIS WARRANTY STATEMENT OR ANY EXPRESSED OR IMPLIED WARRANTY, EVEN IF NUSTEP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW, OR LIMIT THE EFFECT OF, LIMITATIONS ON DAMAGES, SO THAT THIS LIMITATION MAY NOT APPLY TO ALL PURCHASERS. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS WARRANTY STATEMENT OR TO SALES OF THE CROSS TRAINERS. NuStep neither assumes nor authorizes any person to assume for it any other obligation or liability in connection with the sale of the Cross Trainer beyond the obligations and liabilities in this Warranty Statement. Purchasers may have other rights, which may vary from jurisdiction to jurisdiction. This warranty shall be governed by the laws of the State of Michigan and any applicable Federal laws of the United States. All disputes under this warranty, and any matters arising out of or relating to the purchase of a Cross Trainer with respect to which this warranty is given, shall be resolved by a court of competent jurisdiction in the State of Michigan, Washtenaw County, which shall be the exclusive jurisdiction for litigating such disputes. DISCLAIMER OF INTERNATIONAL WARRANTY: NUSTEP MAKES NO WARRANTIES REGARDING THE CROSS TRAINER TO PURCHASERS NOT RESIDING IN ONE OF THE 50 STATES OR THE DISTRICT OF COLUMBIA IN THE UNITED STATES OR IN ONE OF THE TEN PROVINCES CANADA (THE “INTERNATIONAL PURCHASERS”). ACCORDINGLY, EACH CROSS TRAINER PURCHASED BY AN INTERNATIONAL PURCHASER WILL BE SOLD AND PURCHASED “AS IS” AND NUSTEP WILL HAVE NO RESPONSIBILITY FOR THE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PARTS AND WILL HAVE NO RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND RESULTING FROM ANY MALFUNCTION OR DEFECT OF THE CROSS TRAINER. A distributor selling the Cross Trainer to purchasers outside of the United States or Canada may, in its distribution and sale, offer warranties to the International Purchasers pursuant to a separate “International Warranty”. If and in such event, the recourse of the International Purchaser will be limited to the distributor providing that International Warranty and NuStep will have no responsibility to fulfill the commitments of the distributor under that International Warranty.