Somato Hardware Limited Warranty

Last updated: November 25, 2024

Somato Limited Warranty (“Limited Warranty”)

This Limited Warranty is provided by Somato Inc, a Delaware corporation with a principal place of business at 350 Townsend Street, Suite 260, San Francisco, CA 94107 (“Somato”) to the purchaser identified as (the “Purchaser”).

1. WHAT DOES THIS LIMITED WARRANTY COVER?

1. This Limited Warranty covers Somato Fitness Products purchased from Somato or its authorized resellers in the US. A “Somato Fitness Product” includes a new or refurbished Somato Reformer, Somato Accessory, or Customer Paid Replacement Part.

2. A “Somato Accessory” includes any Somato-branded accessory that is: (i) available for purchase on Somato’s US website, (ii) purchased from a Somato retail location or (iii) from its authorized resellers in the US.

3. A “Customer Paid Replacement Part” includes any genuine Somato replacement part(s) and, if applicable, related repair labor completed by authorized Somato technicians, to the extent such part or labor is purchased by you and not included under the traditional limited warranty coverage.

4. Under this Limited Warranty, Somato warrants to you that your Somato Fitness Product will operate in accordance with its published specifications and shall be free from material defects in the materials and workmanship under normal use for the relevant Warranty Period that is set out in the table below at Section 2 of this Limited Warranty. Certain exceptions apply, as further described in Section 4 of this Limited Warranty.

2. WARRANTY PERIODS FOR SOMATO FITNESS PRODUCTS

1. The Limited Warranty period starts from the date of purchase of your Somato Fitness Product (or the date of delivery, if this is later).

2. The table below sets out the relevant warranty period for your Somato Fitness Product (the “Warranty Period”). All claims must be made within the relevant Warranty Period.

3. Any component repaired or replaced under this Limited Warranty shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer.

CONDITIONS OF THE LIMITED WARRANTY

1. This Limited Warranty is non-transferrable and applies to you if you are the original purchaser of a Somato Fitness Product, purchased directly from Somato or one of its authorized resellers in the US.

2. This Limited Warranty applies only to non-commercial, residential, indoor use of the Somato Fitness Product. Any commercial, non-residential or outdoor use of the Somato Fitness Product shall void this Limited Warranty, unless the description for the Somato Fitness Product expressly states that it is for outdoor use, or in the case of a Somato Accessory, is marketed for outdoor use.

1. WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?

This Limited Warranty does not apply to:

1. normal wear and tear or normal aging of the Somato Fitness Product;

2. cosmetic damage, including but not limited to corrosion, discoloration of paint or plastic, scratches or any other change in cosmetic appearance that does not affect the Somato Fitness Product’s performance;

3. any software elements, even if sold with or embedded in the Somato Fitness Product, or obtained at any time through internet connectivity. Somato does not warrant that the operation of the Somato Fitness Product will be uninterrupted and/or error-free;

4. any non-Somato branded products;

5. any Somato Fitness Product missing serial numbers or that are, or that Somato reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller;

6. any Somato Reformer that is moved to a location outside Somato’s delivery areas in the US. The provision of repair labor and other services under this Limited Warranty is limited to Somato’s delivery areas in the US;

7. damage or failure of the Somato Fitness Product to the extent caused by:

1. accidental damage, abuse, neglect, misuse or improper maintenance or cleaning of the Somato Fitness Product (including but not limited to rust or corrosion);

2. any use that is contrary to the instructions in Somato’s user manuals, technical specifications or Somato’s published guidance (including the self-assembly instructions);

3. any improper or negligent assembly of the Somato Fitness Product that is contrary to the instructions in Somato’s user manuals, technical specifications or Somato’s published guidance (including the self-assembly instructions), other than in each case that it is caused by a Somato authorized service technician or at the direction of Somato;

4. using the Somato Fitness Product in a manner or for a purpose for which it was not intended or beyond its design;

5. use with a component or product (including a third party component or parts) that is not originally intended for or compatible with the applicable Somato Fitness Product;

6. services (including but not limited to attempted or actual assembly, reassembly, maintenance, installation, modification, relocation or repair) performed by anyone other than a Somato authorized service technician, except with Somato’s prior approval and subject to the relevant third party complying fully with Somato’s instructions;

7. modifications that are unauthorized or not recommended by Somato; or

8. external causes, including but not limited to water damage, exposure to sharp or foreign objects, exposure to excessive force, electrical wiring (including anomalies in the electrical current supplied to the Somato Fitness Product), extreme thermal or environmental conditions.

8. data loss, including any damages or costs related to data recovery, removal, and installation. Repair or replacement of your Somato Fitness Product under this Limited Warranty may result in the loss of user-generated information or data stored on the Somato Fitness Product;

9. any damage or injury incurred during, or as a result of, any move, repair, attempted repair, installation or assembly of equipment by anyone other than a Somato authorized service technician (all moves, repairs, installations 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, installations or assemblies given that any attempt to move, repair, install or assemble fitness equipment creates a risk of injury and property damage); and

10. use of the Somato Fitness Product for commercial purposes or for any use other than normal use in a single household.

1. WHAT WILL SOMATO DO?

1. If a defect covered by this Limited Warranty arises and you submit a claim to Somato (as set forth in Section 6) within the applicable warranty period, Somato will, in its discretion and as its sole obligations, either:

1. repair your Somato Fitness Product, and such repair may include new or refurbished parts;

2. replace your Somato Fitness Product with a new or refurbished Somato Fitness Product, to provide you with a Somato Fitness Product at least functionally equivalent to the Somato Fitness Product that is being replaced; or

3. replace the affected Somato Product with a new or refurbished equivalent Somato Product

4. provide you with a refund or partial refund for the Somato Fitness Product (which will take into account the time elapsed since delivery).

2. If your Somato Fitness Product is a special color or co-branded edition and it or any element thereof is no longer available, then Somato may choose to provide the replacement option with a comparable model (or component) that does NOT contain the special color or co-branded markings.

3. All returned parts for which you have received a replacement under this Limited Warranty will become the property of, and title to such parts will transfer to, Somato.

2. HOW DO YOU OBTAIN WARRANTY SERVICE?

1. To make a claim under this Limited Warranty, you must, upon discovering any nonconformity or defect, cease using the Somato Fitness Product and contact Somato Member Support. You can contact Somato Member Support at info@somato.fit or at 350 Townsend Street, Suite 260, San Francisco, CA 94107.

2. You must provide Somato Member Support with:

1. the serial number or order number of your Somato Fitness Product (if applicable);

2. proof of purchase or delivery indicating the date of purchase / delivery;

3. a description of the nonconformity or defect; and

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

3. If Somato Member Support determines that it is necessary for you to return the Somato Fitness Product or a component to Somato, Somato Member Support will arrange for a collection of the Somato Fitness Product or provide you with a prepaid shipping label for the return of the applicable Somato Fitness Product or component. You must follow all directions provided by Member Support and ensure that the defective Somato Fitness 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 Somato Fitness Product or components during shipment.

4. Somato will be responsible for any collection or shipping costs associated with returning the Somato Fitness Product or components to Somato.

5. Claims must be made within the specified warranty period.

3. ADDITIONAL INFORMATION

1. Somato will maintain and use any personal information received during a warranty claim under this Limited Warranty in accordance with its Privacy Policy

This Limited Warranty is not transferable by Purchaser.

1. No employee or representative of Somato or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect

2. Any disputes between you and Somato related to this Limited Warranty or the Product will be governed by the then-current dispute resolution procedures in Somato’s Terms of Service.

3. *TO THE EXTENT PERMITTED BY LAW: (i) THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS; AND (ii) SOMATO DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT SUCH IMPLIED WARRANTIES CANNOT BE DISCLAIMED, SOMATO LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE DURATION SET FORTH IN THIS LIMITED WARRANTY.

4. 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.