Kabata, Inc. (“Company,” “we,” “us,” or “our”) warrants to the original purchaser only that any product identified below as a “Covered Product” that you purchased from Company, or one of our authorized distributors or resellers (each, an “Authorized Reseller”), will be free from defects in materials and workmanship under normal use for a period of twelve (12) months from the date of delivery to the original purchaser (“Warranty Period”), as documented by valid proof of purchase.  This limited product warranty (“Limited Product Warranty”) is subject to certain exclusions and limitations, as set forth herein.

Company’s sole obligations under this Limited Product Warranty are as specified in the “What are my remedies under this Limited Product Warranty?” section below.  

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1. What is covered by this Limited Product Warranty?

“Covered Products” are any Kabata Adjustable Dumbbells and are sold by us at kabatafitness.com or by one of our Authorized Resellers. 

This Limited Warranty applies only against defects in Covered Products that are discovered within the applicable Warranty Period and only so long as the Covered Product remains in the possession of the original purchaser, or, for a gifted Covered Product, the original possessor of that Covered Product.

This Limited Product Warranty is valid only in the jurisdictions where the Covered Product is sold by Company itself or by an Authorized Reseller.

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2. How long am I covered by this Limited Product Warranty?

The Warranty Period for each Covered Product is twelve (12) months from the date of delivery to the original purchaser, as documented by a valid proof of purchase—e.g., receipt or invoice.

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3. What are my remedies under this Limited Product Warranty?
   

If a defect in the Covered Product arises and a valid claim is received by Company within the Warranty Period, Company will, at its option and to the extent permitted by law, either (a) repair the defective Covered Product at no charge, using new or refurbished replacement parts, or (b) exchange the defective Covered Product with a new or refurbished Covered Product or a product that is reasonably equivalent to the Covered Product.  If Company, in its sole discretion, determines it is not reasonable to replace the defective Covered Product, Company may refund to you the purchase price paid for the Covered Product.  In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies.  You may be responsible for payment of shipping and handling charges for the delivery of a repaired or replacement Covered Product, except where prohibited by applicable law.  Any replacement of a defective Covered Product or parts under this Limited Product Warranty will be warranted for the remainder of the original Warranty Period of the returned Covered Product or for thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.

4. How do I make a claim or obtain warranty service under this Limited Product Warranty?
   

1. If you believe you need warranty service under this Limited Product Warranty, please contact support@kabatafitness.com.  To obtain warranty service, you need to obtain a Return Merchandise Authorization (RMA). In your request to support@kabatafitness.com, you must include proof of purchase for the Covered Product, a brief explanation for why you are requesting warranty service, and a description of the steps you have taken to troubleshoot the problem.   
2. Once you receive an RMA, you will need to deliver the defective Covered Product, in either its original packaging or packaging providing an equal degree of protection, together with proof of purchase indicating the date purchased, to the address specified by the Company. By sending the Covered Product, you hereby acknowledge that ownership of the Covered Product is transferred to us upon Company’s receipt of the defective Covered Product.  If Company determines that the claim is justified based on this Limited Product Warranty, Company shall bear the cost of shipping the repaired or replacement Covered Product to you.  Any Covered Product returned to Company without a valid warranty claim or without an RMA may be rejected, returned at your cost (subject to prepayment), or disposed of in Company’s sole discretion with no further liability or obligation to you.
3. For specific instructions on how to obtain warranty service on your Covered Product, visit the Warranty Section of the Company website at https://www.kabatafitness.com/kabata-warranty.
4. Claims must be made within the Warranty Period.

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5. What is not covered by this Limited Product Warranty?

A. This Limited Product Warranty applies only to Covered Products.  This Limited Product Warranty does not apply to, and the term “Covered Product” will not include any software, even if packaged or sold with the Covered Product or embedded in the Covered Product (e.g. firmware and/or system software), including our mobile application (“COMPANY Software”).  Please refer to the applicable licensing agreement that covers the COMPANY Software for details of your rights with respect to its use.   Furthermore, this Limited Product Warranty does not apply to any defects or parts requiring replacement due to ordinary wear and tear, corrosion, rust or stains, or cosmetic damage, including scratches or dents, on or to the Covered Product or any damage to the Covered Product caused by any of the following:

• Operating the Covered Product outside the permitted or intended uses described by COMPANY or use of the Covered Product not in compliance with COMPANY’s instructions, user manual or technical documentation. This includes non-residential usage of the product. 
• Use of the Covered Product with non-COMPANY products or services or any components, parts or accessories not originally intended for or compatible with the Covered Product. 
• Modification of the Covered Product, including without limitation, the addition of after-market software or hardware components.
• An act of God (lighting, flooding, tornado, etc.), spillage of food or liquid damages incurred through incorrect connection or handling, abnormal conditions, high humidity, deliberate abuse, power surges, water spills, drops, impacts or any other accidents.
• Service performed by anyone who is not a representative of COMPANY.

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B. For the avoidance of doubt, recovery and reinstallation of Company Software and user data are not covered under this Limited Product Warranty.  It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Covered Product.  It is likely that such data, software, or other materials will be lost or reformatted during the performance of any warranty service, and the Company will not be responsible for any such damage or loss.

6. Are there any other limitations with respect to this Limited Product Warranty?

A. IMPLIED WARRANTIES AND CONDITIONS.  COMPANY DOES NOT WARRANT THAT THE OPERATIONS OF THE COVERED PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WILL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED PRODUCT WARRANTY.  SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  THIS LIMITED PRODUCT WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

B. LIMITATION OF DAMAGES.  EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF AN EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY.  Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

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7. What else do I need to know about this Limited Product Warranty?

A. No employee of Company or any Authorized Reseller is authorized to make any modification, extension, or addition to this Limited Product Warranty.  If any term of this Limited Product Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired.

B. This Limited Product Warranty is and will be governed by the laws of California, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction.

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

D. If you have any questions about this Limited Product Warranty, please contact support@kabatafitness.com.

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Liability Statement

The products are subject to change due to the manufacturer’s ongoing research and development plans without prior notice.

Our Company makes no representations or warranties as to our user manual or the products we described.

Our Company shall not be liable for any direct or indirect, accidental or special damages, losses or expenses arising out of or in connection with our user manual or the products we described.

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Questions or Concerns

Kabata stands behind the quality of our products. If you need assistance or are experiencing  issues with your product, please contact us at support@kabatafitness.com for help and answers.