KEISERUK.COM TERMS & CONDITIONS
KEISERUK.COM TERMS & CONDITIONS
KEISER MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
This Web Site and Site Content are provided on an "as is", "as available" basis without warranties of any kind, express or implied including but not limited to those of merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. Keiser makes no warranty or representation with respect to the quality, accuracy or availability of the Keiser Web Site. Specifically, Keiser does not warrant or represent that the Keiser Web Site, the Site Content or the services provided on or through this Web Site will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the Keiser Web Site or the server that makes it available are free of viruses or other harmful components; or that the Keiser Web Site will otherwise meet your needs or expectations. DISCLAIMER OF LIABILITY. The user assumes all responsibility and risk for the use of this Web Site and the Internet generally. Under no circumstances including negligence shall Keiser or anyone involved in creating or maintaining this Web Site be liable for any DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the Web Site, the Site Content, any services provided through this Web Site and/or any other web sites which are linked to this Site. Nor shall Keiser or anyone involved in creating or maintaining this Web Site be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the Web Site; or that results from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorised access whether or not Keiser has been advised of the possibility of any such damages.
LINKS TO THIRD PARTY WEB SITES
Some links on this site will allow you to connect with sites that are not under our control. Keiser is providing these links only as a convenience. The appearance of a link does not imply Keiser's endorsement, nor is Keiser responsible for the contents of any linked web site products or services of any third-party web sites and does not make any representations regarding their quality, content or accuracy. Access them at your own risk.
LIABILITY OF KEISER AND ITS LICENSORS
Keiser does not assume any liability for the materials, information and opinions provided on, or available through, the Keiser Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk. Keiser disclaims any liability for injury or damages resulting from the use of any Site Content.
You agree to indemnify, defend and hold harmless Keiser (and all if any of its’ employees) for any and all unauthorised uses you may make of any material on this site. You acknowledge the unauthorised use of the contents could cause irreparable harm to Keiser and that in the event of unauthorised use, Keiser shall be entitled to an injunction in addition to any other remedies available at law or in equity.
TRADEMARKS AND COPYRIGHT CLAUSES
TRADEMARK AND COPYRIGHT
Unless otherwise indicated, all materials on this Web Site are protected as the copyrights, trade dress, trademarks and/or intellectual properties owned by Keiser or its licensors and are protected by United States, UK and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. The term "Keiser" is a trademark and the Keiser logo and all related product and service names, designs and slogans are Keiser trademarks. You may not use such marks without Keiser's prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
MARKETING AND OTHER MATERIALS
Permission to use materials (such as brochures, press releases, owner’s manuals) from this Web Site is granted, provided that the use of the materials is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Web Site in any way. Except as expressly authorised by Keiser in writing, you may not reproduce, sell or exploit for any commercial purposes:
(a) any part of this Web Site,
(b) access to this Web Site or
(c) use of this Web Site or of any services or materials available through this Web Site.
COMMENTS AND SUBMISSIONS
Keiser welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by Keiser or its advertisers or business partners or in response to solicitations on this Web Site, will become Keiser's property, and you agree that all intellectual property rights therein are transferred to Keiser. You understand that any postings to publicly available portions of the Keiser Web Site are non-confidential for all purposes.
The owner of this Web Site is based in the State of California, USA. Keiser makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
LEGAL AND SECURITY CLAUSES
GOVERNING LAW AND LIMITATIONS
These Terms and Conditions shall be construed, interpreted and performed exclusively according to the, excluding conflict of law rules, of the State of California, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. The provisions of the Uniform Commercial Code as adopted by the State of California, and not the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
JURISDICTION AND DISPUTE RESOLUTION
Keiser places the utmost importance on protecting your information transmitted via the site and will take security precautions to protect all such information; however, Keiser cannot guarantee that any electronic transfer is totally secure. Keiser will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.
USE OF THE INFORMATION COLLECTED
Keiser uses the information that is collected from the site to, among other things, better serve its customers. Keiser may also use the information collected to notify site visitors of changes to the site, to notify site visitors of new products made available via the site, and for any other legitimate and lawful business purpose of Keiser.
PURCHASE AGREEMENT CLAUSES
AGREEMENT TO THE TERMS AND CONDITONS AND VIOLATION OF TERMS
By clicking “I agree to the terms of purchase,” user acknowledges that they are authorised to purchase the products shown in their order and has read and agrees to the terms of this agreement.
The use of any exercise equipment, including, without limitation, Keiser's strength training equipment in which resistance can be changed at anytime during the repetition, and any fixed gear bike, including, without limitation, the complete line of Keiser cardio equipment, without proper instruction and supervision violates the terms of this agreement for purchase of such products. The ability to add resistance anytime during a repetition, including, without limitation, the ability to do a heavy negative may be dangerous, especially for anyone that does not recognise or respect the potential danger. The inability to stop pedaling on a fixed gear bike before the flywheel stops may also be dangerous to anyone riding, especially anyone that does not recognise or respect the potential danger. Therefore, users, agents, or anyone directing the use of said equipment shall determine the suitability of the product for its intended use, and said parties are specifically put on notice that they shall assume all risk and liability in connection herewith. This does not include liabilities arising out of, connected with, and/or relating to the design, manufacture, materials, or workmanship of any Keiser Product.
SHIPPING AND LABOUR TERMS
All Keiser cardio products, except for the M5 and M5i Strider and M7i total Body Trainer, are shipped via a nationwide courier company except where arranged otherwise. All products require an adult signature upon delivery. It is the customer's responsibility to ensure someone over the age of 18 is available at the time of delivery to accept the product. If the customer is unavailable at the time of delivery and the product is shipped back to Keiser UK Head Office, a £150 fee will be assessed for the return freight and reshipment of the product. Shipping of cardio products does not include assembly unless noted otherwise. If the product arrives damaged, please contact the Keiser UK service department on 01666 504710 right away for instructions on how to proceed. Shipping damage is covered under warranty.
RETURNS & REFUND
Equipment must be returned within 30 days of receipt for refund. Keiser will provide a pre-paid mailing label for the collection of the shipped product. It is the customers responsibility to repackage the equipment to prevent any damages on return. Use the original box or a sturdy substitute to ship items. After receipt and inspection, a refund will be issued less a £79 shipping fee. A 15% restocking fee may be assessed unless the item meets one of the following conditions:
- After return, the item is in the original condition received by the customer.
- The item is defective due to manufacture error or shipping damage (See Service & Warranty above)
For service assistance, enquiries and products in need of replacement or repair please contact the UK service department on 016 665 04710 or email@example.com.
Please, provide the serial number of the product alongside clear pictures of the damaged areas for assessment. The Keiser UK service department will arrange the necessary repairs and/ or replacements as deemed appropriate.
WARRANTY COVERAGE DETAILS
10 Years- Structural integrity of frame members
2 Years- All inclusive (excluding labor and wearable parts)
2 Years- Cylinders, displays, processors, and thumb buttons (except plastic parts)*
*1 Year warranty if using compressor(s) without drying mechanism.
2 Years- Compressor and dryer, cables, pulleys, and bearings.
1 Year- Chrome
1 Year- Labor
6 Months- Wearable parts: “T” Handles, Pedal cage, Pedal Strap, & Saddle Upholstery
90 Days- Paint, Upholstery, seat belts, hand grips, and other rubbers and plastic products
The use of any exercise equipment, including, without limitation, Keiser’s strength training equipment in which resistance can be changed at anytime during the repetition, and any fixed gear bike, including, without limitation, the Keiser M3 bike, without proper instruction and supervision violates the terms of the agreement for purchase of such products. The ability to add resistance anytime during a repetition, including, without limitation, the ability to do a heavy negative may be dangerous, especially for anyone that does not recognize or respect the potential danger. The inability to stop pedalling on a fixed gear bike before the flywheel stops may also be dangerous to anyone riding, especially anyone that does not recognize or respect the potential danger.
Therefore, users, agents, or anyone directing the use of said equipment shall determine the suitability of the product for its intended use, and said parties are specifically put on notice that they shall assume all risk and liability in connection herewith. For proper instruction on the use of Keiser’s products, please refer to the user’s manual located at www.keiseruk.com or contact us by telephone or email at 01666 504710 or email firstname.lastname@example.org.
The foregoing warranties are in lieu of and exclude all other warranties not expressly set forth herein, whether expressed or implied by operation of law or otherwise, including but not limited to any implied warranties of merchantability or fitness. Keiser shall in no event be liable for incidental or consequential losses, damages or expenses in connection with its products. Keiser's liability hereunder is expressly limited to the replacement of parts not complying with this warranty or, at Keiser's election, to the repayment of an amount equal to the purchase price of the parts in question.
The warranty terms begin with the date of original delivery to be evidenced by appropriate shipping documents. Any alteration of the equipment so listed without express written consent of Keiser shall constitute a waiver by the buyer of this warranty. This warranty does not cover other brand name products distributed, but not manufactured by Keiser, which are subject to their respective manufacturer’s warranties.
During the warranty period, warranted defects will be repaired or replaced at Keiser’s discretion. Keiser is not responsible for labour charges incurred to remove the defective part and install the repaired part. All claims under the warranty must be in writing and authorization obtained from Keiser to return the defective parts for exchange. The customer is responsible for all transportation costs on warranted items to and from the point of manufacture. Replacement products are warranted for the balance of the original warranty period.
This list is not composite and doesn’t void any of the expressly and implied exclusions mentioned in these terms and conditions. The following exclusions are expressly stated below:
Loss caused by accident, abuse, improper use or neglect
Improper assembly by the purchaser
Failure to follow instructions as stated in the Parts and Maintenance Manual
International warranty coverage
Keiser's warranty only applies to the United States domestic market. Keiser equipment exported out of the US will be void of warranty unless purchased directly through a Keiser international distributor or dealer in the country of installation, or direct from Keiser's international division. Keiser will not honour warranties on equipment purchased in the US and exported.
ENTIRE AGREEMENT CLAUSES
Nothing in these terms and conditions affect your unalterable statutory rights and if any such provisions do will be deemed to be unenforceable and treated as below.
QUESTIONS REGARDING TERMS OF ACCESS