Warranty and Disclaimer

FASCIAPROTM  WARRANTY

This FASCIAPRO Limited Warranty (“Limited Warranty”) applies to your purchase of the FASCIAPRO and is given by FasciaPro Inc. (“FPI”) to the individual purchaser of the FASCIAPRO when purchased through an authorized retail partner or directly from FPI.

IMPORTANT: by using the FASCIAPRO, each purchaser represents and warrants they have read and reviewed both the FASCIAPRO Manual and this Limited Warranty, and that they agreed to be bound by the terms and conditions of this Limited Warranty.

The FASCIAPRO is not a medical device. Read and follow all warnings and information, including those contained in the FASCIAPRO Manual before using this product to reduce risk of injury. Serious or fatal injury can occur using the FASCIAPRO, as exercise and therapy programs of any kind or type have an inherent risk of injury or damage to participants. Consult your doctor before beginning any exercise or therapy program.

The FASCIAPRO is not intended for commercial use and is intended to be used by adults only in the manner described and illustrated in the FASCIAPRO Manual. Anyone under the age of eighteen (18) should have constant adult supervision while using the FASCIAPRO. Before each use of the FASCIAPRO, check for any signs of damage, defect, or wear – if you suspect or determine there is any damage, defect, or wear to the FASCIAPRO, discontinue use immediately and contact FPI for assistance. Read and follow all applicable warnings, directions, and available information and use proper techniques when using the FASCIAPRO as part of any exercise or therapy program.

 

Warranty Coverage

FPI warrants that the FASCIAPRO shall be free from defects in workmanship and material during normal use in accordance with published guidelines and instructions contained in the FASCIAPRO Manual for a period of two (2) from the date of delivery of the product (“Warranty Period”). The Limited Warranty extends only to the original purchaser and is not transferable. FPI’s only obligation under this Limited Warranty is to repair or replace the FASCIAPRO, at FPI’s discretion. In no event shall this Limited Warranty require more than the replacement of any part or parts found to be defective within the effective Warranty Period. FPI shall not be obligated to provide any refund.

FPI may, at its option, repair or replace the FASCIAPRO. To obtain warranty service on the FASCIAPRO under this Limited Warranty, the purchaser must contact FPI prior to returning any product for warranty service or replacement. All warranty repairs or replacements must be pre-authorized by FPI, and FPI will not repair or replace the FASCIAPRO unless the product has been returned to a facility or location authorized by FPI. FPI may require the purchaser to furnish proof of purchase details and respond to questions to assist with evaluating potential issues with the FASCIAPRO, including the availability of warranty coverage under this Limited Warranty. The purchaser shall be responsible for all applicable shipping and handling charges associated with returning the FASCIAPRO.   

This Limited Warranty only covers defects in material or workmanship with the FASCIAPRO during ordinary use. This Limited Warranty does not cover damage or defect caused by any other reason, including but not limited to (1) damage caused by normal wear and tear, or the normal aging of the product during ordinary use; (2) cosmetic damage, including but not limited to scratches, dents, or imperfections; (3) damage caused by negligence, misuse, abuse, neglect, vandalism, or accident; (4) damage caused by the FASCIAPRO being used as a demo or store display model; (5) damage caused by external forces or events; (6) damage resulting or caused by use in a manner that is inconsistent with the intended use of the product or as a result of failure to follow applicable instructions and warnings, including but not limited to those contained in the FASCIAPRO Manual; (7) damage caused by improper storage, assembly, alteration, or modification in any way; and, (8) damage caused by improper or inadequate maintenance or unauthorized repairs or alterations.

The coverage under this Limited Warranty does not extend to damage to the FASCIAPRO during freight or shipping, and the purchaser assumes all risk of loss during shipment.

FPI does not warrant that the operation of the FASCIAPRO will be uninterrupted or error-free, and the Limited Warranty does not cover any loss of use during any applicable repair or replacement period under this Limited Warranty.

This Limited Warranty is void if the FASCIAPRO is used as a demo or store display model, and shall not extend to the purchase of opened, used, repaired, repackaged, repurposed, or resealed FASCIAPRO products.

FPI does not authorize anyone, including but not limited to any FPI reseller or agent, to make any modification, extension, or addition to this Limited Warranty.

If any term of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms and conditions shall be severable from the unenforceable portion of this Limited Warranty and shall not be affected or impaired thereby. Any applicable consumer law rights remain unaffected by this Limited Warranty.

Limitations and Disclaimers of Other Warranties

In no event shall this Limited Warranty require more than the replacement or repair of any part or parts found to be defective within the Warranty Period and FPI shall not be responsible or liable for any indirect, special, or consequential damages arising out of or in connection with the use or performance of the FASCIAPRO or for any damages with respect to any economic loss, loss of property, loss of revenues or profits, loss of enjoyment or use, or costs of removal or installation.

THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH THEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED, AND FPI, TO THE EXTENT PERMITTED BY LAW, DISCLAIMS ALL SUCH STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT BY REPRESENTATIVES OR AGENTS OF FPI WHETHER VERBAL OR IN WRITING SHALL CONSTITUTE A WARRANTY, REPRESENTATION, OR OTHER BASIS FOR ANY LEGAL ACTION AGAINST FPI, AND THERE ARE NO OTHER REPRESENTATIONS, PROMISES, AGREEMENTS, COVENANTS, WARRANTIES, GUARANTEES, OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, EXCEPT AS STATED IN THIS LIMITED WARRANTY. THE PURCHASER AGREES AND ACKNOWLEDGES THAT THERE ARE NO COLLATERAL WARRANTIES OR REPRESENTATIONS AND THAT THIS LIMITED WARRANTY AND THE FASCIAPRO MANUAL REPRESENT THE ENTIRE AGREEMENT BETWEEN FPI AND THE PURCHASER. CERTAIN STATES, COUNTRIES, AND PROVINCES MAY RESTRICT OR DO NOT ALLOW LIMITATIONS ON DISCLAIMERS OF IMPLIED OR STATUTORY WARRANTIES OR DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE APPLICABLE.

FPI DOES NOT WARRANT THAT THE FASCIAPRO MEETS OR COMPLIES WITH THE REQUIREMENTS OF ANY PARTICULAR SAFETY CODE OR GOVERNMENTAL REQUIREMENTS. FPI DOES NOT WARRANT THAT THE OPERATION OF THE FASCIOPRO WILL BE UNINTERRUPTED OR ERROR-FREE.

EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE FULL EXTENT PERMITTED BY LAW, FPI SHALL NOT BE RESPONSIBLE TO THE PURCHASER (OR ANY INTENDED BENEFICIARY) FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OR LOSSES OTHER THAN AS PROVIDED HEREIN, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF PRODUCTION, LOST PRODUCT, LOST BUSINESS, LOSS OF GOODWILL; LOSS OF REPUTATION; BUSINESS INTERRUPTION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND AND HOWEVER CAUSED, INCLUDING WITHOUT LIMITATION FOR WARRANTY OR DEFECT IN THE PRODUCT REGARDLESS OF THE SOLE, JOINT AND/OR CONCURRENT NEGLIGENCE OF FPI, BREACH OF CONTRACT, BREACH OF WARRANTY OR CONDITION, STRICT LIABILITY IN TORT OR STATUTORY CLAIMS OR OTHER LEGAL FAULT OR RESPONSIBILITY OF FPI, ITS EMPLOYEES, OR AGENTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FPI’S LIABILITY SHALL NOT BE GREATER THAN THE PURCHASE PRICE OF THE FASCIAPRO. CERTAIN STATES, COUNTRIES, AND PROVINCES MAY RESTRICT OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION DESCRIBED ABOVE MAY NOT BE APPLICABLE.

THIS LIMITED WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS, BUT THE PURCHASER MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. 

TO THE EXTENT PERMITTED AT LAW, THE PURCHASER AGREES THAT ANY DISPUTES IN RELATION TO THEIR PURCHASE OF THE FASCIAPRO OR WITH RESPECT TO THE FASCIAPRO MANUAL OR THIS LIMITED WARRANTY SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE LAWS OF CANADA, AS APPLICABLE IN ONTARIO, AND THE PURCHASER HEREBY CONSENT TO ATTORN TO THE JURISDICTION OF A COMPETENT COURT SITTING IN OTTAWA, ONTARIO TO RESOLVE ANY SUCH DISPUTES.