Somato Commercial Warranty

Last updated: November 25, 2024

Somato Reformer Limited Warranty (“Limited Warranty”)

Somato, Inc. (“Somato”) extends the following Limited Warranty, which applies only to the components and all original parts included with the Somato Reformer (the “Product”) when used solely in a commercial, indoor setting, and that the purchaser complies in full with the Somato Commercial Partner Standard Terms & Conditions of Purchase. During the applicable Limited Warranty periods described below, Somato warrants that the Product will be free of defects or malfunctions under normal commercial use. Certain exclusions apply, as further described in this Limited Warranty.

What is covered by this Limited Warranty?

The Limited Warranty applies to the following components of the Product only, for the time periods indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Product remains in the possession of the original purchaser.

FRAME: FIVE YEARS

Somato warrants the frame (excluding any moving parts attached to the structural frame) against defects in workmanship and materials under normal commercial use for a period of five years from the date of original delivery, or for any additional period that is required by applicable law.

COMPONENTS: 36 MONTHS

Somato warrants all other components and original parts of the Product other than springs against defects in workmanship and materials under normal commercial use for a period of 36 months from the date of original delivery, or for any additional period that is required by applicable law.

RUBBER AND METAL SPRINGS: 6 MONTHS

Somato warrants the components and all original parts of the rubber and metal springs that come with the Product against defects in workmanship and materials under normal commercial use for a period of 6 months from the date of original delivery, or for any additional period that is required by applicable law. Product springs are not warranted against normal wear and tear and it is important that you maintain the springs by inspecting the springs regularly for any damage, loose parts or other signs of wear and tear that could cause breakdowns or part failures.

Any spring that shows signs of wear or damaged parts should be removed from service immediately.

LABOR: 36 MONTHS

Somato will cover the labor cost for the repair or replacement made under this Limited Warranty where performed by an authorized Somato technician, for a period of 36 months from the date of original delivery, or for any additional period that is required by applicable law. Except where applicable law requires otherwise, repair labor is not covered if the Product is moved to a location that is outside of Somato’s sales area.

EXCLUSIONS AND LIMITATIONS

Who is covered by this Limited Warranty?

  • The original owner of the Product. The Product must remain in the possession of the original purchaser. This Limited Warranty is not transferable beyond the owner of the original membership attached to the Product.

What is NOT covered by this Limited Warranty?

This Limited Warranty does not apply to:

  • Any other Somato products or services not expressly referred to under the heading “What is covered by this Limited Warranty?” above; non-Somato products or labor not approved in advance by Somato Member Support; Products that are, or that Somato reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller; Products purchased or used outside the U.S.; Products that are moved outside of Somato’s sales area in the U.S.; and Products or components missing serial numbers. Warranty coverage is limited to any area which Somato sells the Product to in the United States.

  • Software, even if sold with or embedded in the Product (except to the extent required by applicable law), or Internet connectivity. Somato does not warrant that the operation of the Product will be uninterrupted or error-free.

  • Damage or equipment failure due to: (i) unauthorized installation, relocation, repair, (ii) improper or negligent assembly of the Product or any accessories, or maintenance (other than in each case that is caused by a Somato authorized service technician or at the direction of Somato), (iii) normal wear and tear, (iv) use of the Product beyond its design and its intended purpose, (v) use of the Product with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Product, or (vi) any use contrary to the instructions in the Somato Product Commercial User Manual (if applicable), the technical specifications or other published guidelines relating to the Product.

  • Damage or equipment failure due to 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, wind, 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, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by Somato; provided, however that in the case of (ii) and (v), the mere use (without damage or equipment failure) of unauthorized service providers or non-genuine or third-party parts will not void this warranty.

  • Incidental or consequential damages; or economic loss, loss of property or profits, or loss of enjoyment or use. To the extent permitted by applicable law, Somato is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential or punitive damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts, and Somato will not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute equipment, diagnostic visits, maintenance visits or transportation. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

  • Any attempt to move, repair, or assemble fitness equipment creates a risk of injury and property damage (including a risk of damage to the Product itself)). Somato is not responsible or liable for any damage or injury incurred during, or as a result of, any move, repair, attempted repair or assembly of equipment by anyone other than a Somato authorized service technician. All moves, repairs or assemblies attempted by you or your agents are undertaken AT YOUR OWN RISK and Somato will have no liability for any injury to persons or property arising from such attempted moves, repairs or assemblies.

  • Labor will no longer be covered by this Limited Warranty if the Product is moved outside of Somato's sales area.

WHAT YOU MUST DO TO MAKE A CLAIM UNDER THE LIMITED WARRANTY

  • To make a claim under this Limited Warranty, you must, promptly upon discovering any nonconformity or defect:

    • cease using the Product;

    • contact Somato Commercial Support by emailing info@somato.fit.

    • provide Commercial Support:

      • the serial number or order number of your Product (if applicable);

      • a copy of the dated receipt, or other proof of purchase indicating the date purchased;

      • a description of the nonconformity or defect; and,

      • photographs of the nonconformity or defect where they may assist Somato Commercial Support to assess the claim.

    • If Somato Commercial Support determines that it is necessary to return the Product or a component, Somato Commercial Support will arrange for a collection of the Product or provide you with a pre-paid shipping label for the components. You must follow all directions provided by Somato Commercial Support and ensure that the defective Product or components are properly packed to protect it from damage during shipping. If you do not do so, Somato will not be responsible for any damage that occurs to the Product or component during shipment.

  • Contact Commercial Member Support if you believe you need services:

    • Email: info@somato.fit

Claims must be made within the specified warranty period.

What happens after you submit a claim?

  • If, within the applicable Limited Warranty period, a defect arises in the Product or a warranted component that is covered by this Limited Warranty and you submit a claim to Somato under this Limited Warranty, then without excluding, restricting or modifying any other rights to which you may be entitled under applicable laws, Somato will, at its option and as its sole obligation, either replace the defective or malfunctioning Product or component of the same or a comparable model, or repair it. For the avoidance of doubt, to the extent the Product is a special color or co-branded Product and such Product or any element thereof is no longer available, then Somato may choose to provide the replacement option with a comparable model that does NOT contain the special color or co-branded markings (or any element thereof).

  • Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law. Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Somato or its vendors may sometimes be supplied as warranty replacement and constitute fulfillment of warranty terms. Product presented for repair may be replaced by refurbished Product of the same type rather than being repaired. Refurbished parts may be used to repair the Product.

  • If a successful claim is made for a defect that is covered by this Limited Warranty within the Limited Warranty periods identified above, any shipping costs to return the relevant component to Somato or the cost of Somato collecting the relevant part(s) will be at Somato’s cost.

  • All exchanged components or Product replaced under this Limited Warranty become the property of Somato after the repair or exchange.


Disputes; Disclaimer of Warranties, Limitation of Liability.

Any disputes between you and Somato related to this Limited Warranty or the Product will be governed by the dispute resolution provisions of your sales agreement with Somato, or in the absence of such a provision, then disputes will be resolved by the then-current dispute resolution procedures in the Somato Commercial Partner Standard Terms & Conditions of Purchase, available at https://somatofit.com/commercial-terms-and-conditions for the United States.


*THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY SOMATO AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THAT LIMITATION MAY NOT APPLY TO YOU.

THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND SOMATO’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. SOMATO’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL SOMATO UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.