CLMBR 02 LIMITED COMMERCIAL WARRANTY

CLMBR 02 LIMITED WARRANTY (“LIMITED WARRANTY”)

This Limited Warranty is issued by CLMBR, Inc. (“CLMBR”) and applies only to the components and all original parts included with the CLMBR 02 (the “Product”) when used in a commercial, indoor setting.  Any other use of the Product shall void this Limited Warranty.  During the applicable Limited Warranty periods described below, CLMBR warrants that the Product will be free of defects or malfunctions under normal use.  Certain exclusions apply, as further described in this Limited Warranty.

WHAT DOES THIS WARRANTY COVER?

The Limited Warranty covers the original product purchaser, and does not extend to any states, territories or countries outside the contiguous United States (including, but not limited to, Alaska, Hawaii and Puerto Rico).  The Limited Warranty applies only so long as the Product remains in the possession of the original purchaser.  For the avoidance of doubt, the Limited Warranty cannot be assigned or transferred to any subsequent purchaser or user of the Product and is not available to Products that were purchased from any source other than CLMBR (unless expressly authorized by CLMBR).

WHAT IS THE LIMITED WARRANTY PERIOD?

The Limited Warranty period is as follows, beginning from the date of purchase and delivery of the Product, whichever is later.

CLMBR will cover the labor cost for the repair or replacement made under this Limited Warranty for a period of eighteen (18) months from the date of original delivery, or for any additional period that is required by applicable law.  Except where applicable law requires otherwise, repair labor is not covered if a Product is moved to a location that is outside the contiguous United States (i.e., excluding Alaska, Hawaii and Puerto Rico).

WHAT IS NOT COVERED BY THE LIMITED WARRANTY?

The Limited Warranty does not cover the following:

• Products that are, or that CLMBR reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller.
• Products purchased or used outside the contiguous United States.
• Products missing serial numbers.
• Software and software functionality.
• Data loss and any costs associated with data recovery.
• Damage or equipment failure due to normal wear and tear, installation, relocation, repair, improper or negligent assembly of the Product or any accessories, or maintenance (other than in each case that is caused by a CLMBR authorized service technician), use of the Product beyond its design and its intended purpose, use of the Product with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Product, or any use contrary to the instructions in the CLMBR User Manual, the technical specifications or other published guidelines relating to the Product.
• 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, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by CLMBR.
• Damage to your property, home, walls, or floors that may result from installation or removal of the Product.
• Products that have been resold.
• Damage caused by improper or incorrectly performed maintenance or repair.
• Damage caused by improper installation, relocation, or uninstallation.
• Any attempt to move, repair, or assemble fitness equipment creates a risk of injury and property damage (including a risk of damage to the Product itself)). CLMBR is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair, attempted repair or assembly of equipment by anyone other than a CLMBR authorized service technician. All moves, repairs or assemblies attempted by you or your agents are undertaken AT YOUR OWN RISK and CLMBR will have no liability for any injury to persons or property arising from such attempted moves, repairs or assemblies.
• Labor will no longer be covered by this Limited Warranty if the Product is moved outside of the contiguous United States (i.e., Alaska, Hawaii and Puerto Rico).

HOW DO YOU SUBMIT A CLAIM?

Contact CLMBR at support@clmbr.com to report any Product issues and open a claim under the Limited Warranty.  You must CLMBR Customer Support with:

• Serial number or order number of your Product (if applicable);
• Copy of the dated receipt, or other proof of purchase indicating the date purchased;
• Description of the non-conformity or defect; and
• Photographs of the non-conformity or defect.

Our team will reach out to you to attempt to resolve your issue.  If the issue cannot be addressed remotely, CLMBR may dispatch a technician to further investigate and troubleshoot.

If your Product has a defect or malfunction covered by this Limited Warranty, CLMBR will repair, replace, or refund the Product at the sole discretion of CLMBR.  If CLMBR determines that a Product should be replaced, CLMBR may not return the original Product to you, nor can CLMBR guarantee replacement or repair of the Product without risk to or loss of data stored on your original Product.

WHAT LAW GOVERNS THE LIMITED WARRANTY?

The laws of the State of Colorado, USA, govern this Limited Warranty, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

Any implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, shall be limited in duration to the period of this Limited Warranty. This Limited Warranty does not extend any implied or statutory warranties, conditions, or representations regarding the Products or any connected software or services.  CLMBR does not assume any liability for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including but not limited to loss of profits or revenues, loss of data, loss of use of the Products, cost of replacement or substitute items, or loss of use during the period that the Product is being replaced or repaired.  Further, CLMBR shall not be liable to you for any special, consequential, incidental, indirect, or punitive damages of any kind whatsoever, even if CLMBR has been advised as to the possibility of such damages, for any claim arising from or related to this Limited Warranty, regardless of the form of action, whether in contract, tort (including negligence), product liability, lost revenue, lost profit, lost data, or privacy, or any other cause of action or legal or equitable theory.

In no event shall CLMBR’s liability for any claim arising out of or related to this Limited Warranty exceed the price paid by you for purchase of the Product, regardless of the form of action, whether in contract, tort (including negligence), product liability, lost revenue, lost profit, lost data, or privacy, or any other cause of action or legal or equitable theory.

Some states do not allow limitation of implied warranty, so the limitations in this Limited Warranty may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and country to country.  This Limited Warranty does not affect any rights you have under the laws in your jurisdiction concerning the sale of consumer goods (including, without limitation, national laws implementing EC Directive 44/99/EC).

MORE QUESTIONS?

If you have questions around the Limited Warranty, or are needing to initiate a claim, please email support@clmbr.com or give us a call at 909-330-3807.