FORME LIMITED WARRANTY AND RETURN POLICY
Last Updated: November 19, 2021
This Limited Warranty and Return Policy (“Policy”) sets forth the terms of the limited warranty (“Warranty”) applicable to the products mentioned below (collectively, the “Products”), and the conditions under which the Products may be returned. The Policy forms part of and is subject to the FORME Term of Service (“Terms”). All capitalized terms used but not defined herein shall have the meanings given to them in the Terms.
- WHAT IS COVERED?
The Warranty applies only (i) to non-commercial, in-home, indoor use of the Products, (ii) to the components listed below (the “Components”), (iii) during the warranty period set forth below (“Warranty Period”) and (iii) so long as the applicable Product remains in the possession of the original purchaser, or for a gifted Product, the owner of the original membership attached to that Product. Any other use will void this Warranty.
|Product||Covered Components||Warranty Period|
|Studio||Screen, frame, and all incorporated elements (e.g., camera, processor, speakers)||12 months from the date of original delivery.|
|Accessories||Heart Rate Monitor (HRM), Dumbbells, ankle weights, weight tree, Barre assembly and rod||12 months from the date of original delivery.|
To be eligible for service under the Warranty, you must provide FORME with the serial number of the Product and a proof of purchase indicating the date the Product was purchased within thirty (30) days of discovery of any nonconformity or defect or before the end of the Warranty Period, whichever is shorter. Such information should be sent at firstname.lastname@example.org. Upon receipt of a claim, FORME will, at FORME’s discretion to the extent permitted by law, either replace or repair the defective Component with the same or a comparable model. Any replacement or repaired Component will be warranted for the remainder of the original Warranty Period or thirty (30) days, whichever is longer, or for any additional period that is required by applicable law.
THIS WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY FORME AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD SET FORTH BELOW. Some jurisdictions do not allow limitations on how long an implied warranty lasts, 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 by jurisdiction.
2. WHAT IS NOT COVERED?
The following are NOT covered by the Warranty:
- Any Product or any other FORME products or services, that FORME reasonably believes to be stolen, counterfeit, or purchased from an unauthorized distributor or reseller, or purchased or used outside the U.S..
- Any Product and Component missing serial numbers.
- Damage or equipment failure due to:
- normal wear and tear;
- assembly, maintenance (including using or storing the Products in temperatures outside the recommended range), installation, relocation, or repair by anyone other than a FORME-approved technician;
- use of the Products with third party parts or accessories, or with parts or accessories not originally intended for or compatible with the Products, or any use or modifications contrary to the Terms or instructions provided with the Products; or
- 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, 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.
- Any attempt to modify the Components or modify, delete, add, or install software not provided with the Products or automatically updated by FORME.
- Damages to Products used in a commercial setting (e.g., a gym or hotel), in violation of the Terms or of any other agreement between you and FORME.
ANY INSTALLATION OF A PRODUCT BY NON-FORME-APPROVED INSTALLERS WILL VOID THE WARRANTY. FORME will not provide any refund or reduction in fees paid for refused installation by FORME approved technicians.
Any attempt to relocate or repair a Product creates a risk of injury and property damage. If you wish to relocate a Product after its initial installation or if a Product needs repair during the Warranty Period, we recommend that you contact us at email@example.com or (310) 697-8655 and we will respond to you as soon as we are able with further information. YOU ACKNOWLEDGE AND AGREE THAT FORME WILL NOT BE LIABLE FOR ANY INJURY OR DAMAGES (TO PERSON OR PROPERTY) CAUSED BY OR ARISING IN CONNECTION WITH THE RELOCATION, REPAIR OR ATTEMPTED REPAIR OF A PRODUCT BY ANYONE OTHER THAN A FORME-APPROVED TECHNICIAN. ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR ANY PERSON AUTHORIZED BY YOU ARE UNDERTAKEN AT YOUR OWN RISK.
While FORME-approved installers and technicians will use commercially reasonable efforts to avoid property damages of any nature in connection with the installation, maintenance, repair, or removal of any Product, FORME will not be responsible for any such damages including, without limitation, damages to walls, paint or structure, unless such damages are caused by the gross negligence or willful misconduct of the FORME-approved installer or technician.
FORME IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING ECONOMIC LOSS OR LOSS OF ENJOYMENT OR USE IN CONNECTION WITH THE INSTALLATION, REPAIR OR MAINTENANCE OF THE PRODUCTS OR PARTS THEREOF. FORME DOES NOT PROVIDE MONETARY OR OTHER COMPENSATION FOR ANY SUCH REPAIRS OR REPLACEMENT PARTS COSTS. IN NO EVENT SHALL FORME’S LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS 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 DATA, OR ANY OTHER CAUSE OF ACTION OR LEGAL OR EQUITABLE THEORY. The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.