Limited Warranties; Disclaimer of Warranties.

Limited Warranty. With respect to Power Plate®-branded Products, all such Products are subject to a limited warranty (the “Limited Warranty”) against defects in material and workmanship under normal use for a period of one year after the date of purchase from PHS , unless otherwise stated in the limited warranty terms as included with such Product, as published in product guides or related literature and/or as made available on this Website or, in the case of optional extended warranties issued by PHS, such extended warranty documentation. With respect to Commercial Customers, the Limited Warranty extends only to Products sold to such Commercial Customer for either resale by Commercial Customer or use in Commercial Customer’s business.
PHS’s Obligation Under Limited Warranty. PHS’s sole obligation under the Limited Warranty shall be, in PHS’s sole discretion, either to repair or replace Products or to refund the purchase price, during the limited warranty period when it has been determined by PHS that Product was defective as a result of manufacturing and not as a result of (i) improper use, storage or handling, (ii) the failure to maintain the Product with reasonable care, or (iii) abnormal conditions, including, without limitation, abuse, neglect, or catastrophe. PHS does not assume responsibility for delays in replacement of products subject to this Limited Warranty. PHS’S REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY STATED IN THE LIMITED WARRANTY STATEMENTS ABOVE, IS MADE OR AUTHORIZED BY PHS. PHS DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. PHS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT: (i) ARE MERCHANTABLE; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER’S INTELLECTUAL PROPERTY RIGHTS.
With respect to third party (i.e., non-Power Plate®-branded) Product that may be available for purchase through this Website, such Product are sold by PHS AS IS. However, the third party manufacturer or supplier of such Product may offer its own warranties, and Customer agrees to look solely to such manufacturer or supplier for any warranty-related claims. Product purchased by end-users should be registered at ,www.powerplate.com.
While PHS’s desire is to be responsive to Customer’s specific needs and questions, PHS does not assume responsibility for any specific use or application of any Product, including, but not limited to, compatibility with other equipment and fitness programs or regimens used by Customer or recommended to or by Customer. All statements, technical information or recommendations relating to PHS Product are based upon information believed to be reliable, but do not constitute a guaranty or warranty.