Limited Warranty

This warranty forms part of Equipment Terms and Conditions.

In this Warranty:

We, us, or our means Fitbeat Home Pty Ltd (ACN 643 108 614) and our contact details are set out at the end of this warranty;

You, or your means the purchaser or the original end-user of the Goods;

Goods means the equipment supplied to you by us, pursuant to the Equipment Terms and Conditions and whose Warranty Period is included in clause 5 below. We do not warrant any other goods or services.

Warranty Period means the period from the date of purchase of the Goods from us as set out in clause 5 below.   The Warranty Period will vary dependent on the Goods.

Site means our website, available at Fitillion.com.

Your rights under the Australian Consumer Law

The rights described in this Warranty are in addition to the rights to which you may be entitled to under the Australian Consumer Law and other Australian consumer protection laws and regulations.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1. WARRANTY
   1. We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights). This Warranty applies only to the non-commercial, in-home, indoor use of the Goods. Any other use of the Goods will void this Warranty.
   2. Subject to the terms of this Warranty, if during the Warranty Period the Goods prove defective by reason of improper workmanship or materials, we will at our option and as our sole obligation, either replace or repair the defective or malfunctioning Goods or component with the same or a comparable model (which may be refurbished Goods or components).
   3. Any replacement or repaired Goods or component will be warranted for the remainder of the original applicable Warranty Period or 30 days, whichever is longer.
2. MAKING A VALID WARRANTY CLAIM
   1. To claim the benefit of this Warranty, you must:
      1. notify us by email as soon as you become aware that the Goods are defective with evidence of proof of purchase of your Goods from us and a description and photographs and video of the claimed defect;
      2. allow us sufficient access to your property to inspect your Goods;
      3. if we ask you to, you must return to return the Goods together with all packaging, parts, accessories and documentation to the contact details set out below; and
      4. provide any other information reasonably required by us to assess your claim including any further photographic or video evidence of the defect that we request from you.
   2. Where you return the Goods as part of Warranty claim under this clause 2.1, you will need to cover any associated costs of you returning the Goods to us.
   3. Where we accept your claim under this Warranty, clause 1.2 will apply.
3. WHEN THIS WARRANTY APPLIES AND WHEN IT DOES NOT
   1. This Warranty applies only against defects discovered during the applicable Warranty Period.
   2. This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
      1. act or omission, accident, or negligence by you or any third party not engaged by us (including any third party installer of your Goods);
      2. failure on your part to follow any instructions or guidelines (including any manual) provided by us in relation to your Goods or properly maintain your Goods in accordance with any of our instructions or guidelines (including any manual);
      3. use of your Goods otherwise than for any application or use specified by us (including where used for commercial purposes or outside a household) or with parts or accessories not originally intended for or compatible with the Goods;
      4. continued use of your Goods (where such use is not reasonable) after any defect in your Goods becomes apparent or would have become apparent to a reasonably prudent person;
      5. failure by you to notify us of any defect in your Goods within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
      6. reasonable wear and tear of your Goods;
      7. damage or equipment failure due to accident, abuse, corrosion, disclouration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism or any act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our reasonable control); and
      8. installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Goods by you or any person other than us.
   3. This Warranty does not cover any software sold with or embedded in Goods or Internet connectivity. We do not warrant that the operation of any Goods which include software will be uninterrupted or error free.
   4. To the maximum extent permitted by law, we will not be liable to you for any loss of profit (including anticipated profit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
   5. Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 1.2 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
4. GENERAL
   1. This Warranty is only valid and enforceable in Australia and is governed by the laws of New South Wales.
   2. No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
   3. No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
   4. Severance: If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.
   5. Amendments: We may make changes to this Warranty from time to time, however the version of the Warranty which applied at the time of your purchase will continue to apply for the applicable Warranty Period.
5. WARRANTY PERIOD
   1. The warranty period from the date of purchase for each of our Goods is as follows:
      1. Universal bench and wall bracket: 12 months
      2. Universal bands: 12 months
      3. Ultrabands mini: 3 months
      4. Ultrabands long: 3 months
      5. Modular dumbbells and pushbells: 12 months
      6. Storage System: 12 months
      7. Dumbbell cover: 12 months
      8. Touchscreen: 12 months
      9. Heart rate monitor: 12 months
      10. Smart scale: 12 months
      11. Gym towel: 12 months
      12. Water bottle: 12 months
      13. Gym mat: 6 months
      14. Foam roller: 6 months
      15. Tripod and holder: 12 months
      16. iOS tv cable: 12 months

Contact us for further details:

Fitbeat Home Pty Ltd
49-51 York St, Level 2, Suite 2, Sydney, NSW 2000, Australia
[email protected]