For Chalk Strength commercial strength equipment manufactured after the effective date of this limited warranty.
PLEASE READ THESE WARRANTY TERMS AND CONDITIONS CAREFULLY BEFORE USING YOUR CHALK STRENGTH PRODUCT.
Note: BY USING THE EQUIPMENT, YOU ARE CONSENTING TO BE BOUND BY THE FOLLOWING WARRANTY TERMS AND CONDITIONS.
Chalk Strength Pty Ltd warrants all applicable products to be free from defects in materials and manufacture for the warranty period set forth below. The warranty periods commence on the invoice date of original purchase.
This warranty applies only against defects discovered within the warranty periods 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 make a claim under warranty, the buyer must notify Chalk Strength or his or her authorized distributor within 30 days after the date of discovery of any nonconformity and make the affected product available for inspection by Chalk Strength or its service representative. Chalk Strength’s obligations under this warranty are limited as set forth below.
Warranty Periods and Coverage
All Commercial Strength Products manufactured and sold after January 1, 2017, subject to the terms and conditions set forth herein (excluding Cardiovascular Products):
Structural frame parts and weldments 10 Years
All surface areas to include painted and plated surfaces 1 Year
Structural moving parts, weight stack plates and components, bearings, bushings, pulleys, and seat adjustments 5 Years
All other parts (including handles, end caps, cables, selector pins, and shrouds) 1 Year
Upholstery pads, roller pads, grips, and straps 6 Months
Labour 1 Year
Conditions and Restrictions
This warranty is valid only in accordance with the conditions set forth below:
1. The warranty applies to the Chalk Strength product only if:
a. It has been serviced by a Chalk Strength Authorized Service Provider. b. It remains in the possession of the original purchaser and proof of purchase is demonstrated. c. It has not been subjected to accident, misuse, abuse, improper service, or non-Chalk Strength modifications. d. Claims are made within the warranty period.
2. This limited warranty applies to Chalk Strength Products designed specifically for commercial use only and is void when such products are used in a non-commercial environment
3. Except in Australia, Chalk Strength does not cover payment for labour outside of mainland Australia.
4. Moving parts bolted to the structural frame are not included in the “Structural Frame” warranty (for example, moving arms, seat and back pad assemblies, position adjustments, and so on).
5. This limited warranty does not cover and Chalk Strength does not warrant the work or product of third party companies (for example, unauthorised repairs such as welding and other such work).
Please contact your local Distributor for details.
This Limited Warranty shall not apply to:
1. Cosmetic items, including, but not limited to the following: grips, seats, and labels, or other items, the exterior of which has been damaged or defaced as a result of abuse, misuse, accident, improper service or installation, mishandling, or modification in design or construction not authorized by CHALK STRENGTH including use of any non-OEM (Original Equipment Manufacturer) replacement parts.
2. Cosmetic, structural, or functional damage (including rust, corrosion, and unusual wear) caused by failure to follow the maintenance procedures described in the owner’s manual.
3. Service calls to correct installation of the equipment or instruct owners on how to use the equipment.
4. Pickup, delivery, or freight charges involved with repairs.
5. Any labour costs incurred beyond the applicable labour warranty period.
Disclaimer and Release
The warranties provided herein are the exclusive warranties given by Chalk Strength 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. CHALK STRENGTH HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER.
Some jurisdictions do not allow limitation on how long an implied warranty lasts, so the above limitation may not apply to you.
CHALK STRENGTH 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 CHALK STRENGTH 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.
Exclusion of Consequential and Incidental Damages
CHALK STRENGTH 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 jurisdictions 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 one jurisdiction to another.