1. Guarantor, scope, term
The guarantor grants a voluntary manufacturer's warranty for new devices with the following services: 12 months full warranty (manufacturer bears all costs) and an additional 24 months parts warranty on the frame (labor and travel costs are borne by the customer). This warranty applies exclusively to B2B business.
For deliveries outside Germany, the warranty generally covers the free provision of replacement parts ex works; packaging, transport, labor, and travel costs are borne by the customer.
Irrespective of this, agreed warranties for commercial goods remain reserved for the respective manufacturer.
2. Relationship to statutory liability for defects
This warranty establishes claims independently of and in addition to statutory warranty rights. Statutory warranty rights remain unaffected. They can be asserted in parallel or alternatively.
3. Warranty requirements (obligations)
The warranty requires proper use in accordance with the user manual, the exclusive use of accessories authorized by the manufacturer, the absence of unauthorized interventions/repairs, and the regular performance of maintenance as specified in the user manual by an authorized customer service center. The purchaser must provide evidence of this (maintenance booklet, service logs). Maintenance interval: generally 12 months (unless otherwise specified in the manual).
In the event of a lack of maintenance, the warranty shall only lapse if (and to the extent that) the damage is attributable to the lack of/incorrect maintenance.
For commercially used devices, at least one annual maintenance/safety inspection is recommended or required; for certain device groups, reference can be made to relevant regulations (e.g., DGUV A3, MPBetreibV).
4. Warranty exclusions
Damage caused by improper use, incorrect assembly/commissioning, natural wear and tear, lack of or insufficient maintenance, incorrect/negligent handling, unsuitable operating materials, chemical/electrochemical/electrical influences is excluded from the warranty, unless the manufacturer is at fault.
Wear parts are excluded from the warranty. Wear parts are the parts listed in Appendix 1. For cardio equipment, these include in particular: pedal straps, handlebar/railing tubing, saddle, drive belts, chains, adjustment levers, pedals, seat and tread surfaces/handles, safety devices, freewheel.
For strength training equipment, the following are specifically excluded: steel and pull cables, plug-in weights, locking pins, adjustment levers, padding, cable pull sensors, seats and footplates/handles.
5. Claims, deadlines, procedure
Warranty claims must be reported in writing within 15 working days of the occurrence of the warranty claim (in the case of faults that are not immediately apparent, within 15 working days of discovery), accompanied by the necessary evidence (in particular the maintenance log and receipts). If the investigation reveals that there is no defect or that the requirements are not met, the customer shall bear the costs of the service call, unless they had reasonable grounds to assume that the claim would be successful.
The manufacturer is entitled to first carry out an inspection and fault diagnosis and then, at its own discretion, to carry out repairs or replacement delivery; for exports, the provision of spare parts remains unchanged (see section 1). A period of six weeks from notification of the defect for repair/replacement delivery is considered reasonable, unless there are special circumstances to the contrary.
In the first year (full warranty), the manufacturer shall bear the costs of labor and travel within Germany in addition to replacement parts; in the second year (partial warranty on frames), only replacement parts shall be provided. For use abroad, the restrictions set out in section 1 shall apply in both years.
6. Scope of warranty services
The warranty covers the rectification of material and manufacturing defects that existed before the transfer of risk. The manufacturer shall decide at its reasonable discretion whether to repair or replace the product.
After two unsuccessful repairs/replacements, the customer may claim a reduction in price under the warranty or, if the warranty service is of no interest to him, rescission of the warranty service; further claims shall be governed by the liability rules in Section 7.
7. Liability under the warranty
The manufacturer shall not be liable under the warranty for consequential damage, pure financial loss, or loss of use; mandatory liability for intent and gross negligence, for damage resulting from injury to life, limb, or health, and under the Product Liability Act shall remain unaffected. Any liability amounts are limited to the coverage amount of the business liability insurance, to the extent permitted by law.
Data backup obligations and other obligations of the customer to cooperate remain unaffected; violations of these obligations may reduce liability if the damage could have been avoided as a result.
8. Transferability
Under the above conditions, this warranty also applies to any subsequent owner of the product located within the defined geographical area, provided that proof (e.g., invoice) is provided and that complete maintenance and proper use can be demonstrated.
9. Exclusion of warranty
The warranty shall expire in the event of unauthorized interventions or modifications as well as improper repairs. Mere participation in improper use or overuse is not covered by the warranty.
10. Applicable law, place of jurisdiction
This warranty is governed by German law. The exclusive place of jurisdiction for commercial transactions is the manufacturer's registered office; the manufacturer may also sue the customer at their general place of jurisdiction.
11. Formal information on the warranty statement
The warranty statement contains the name and address of the warrantor, the duration, the geographical scope, the content of the warranty, and the essential conditions for claiming it. The buyer's statutory rights under sales law remain unaffected by this. This information is part of the statement.