Warranty

McCall Fitness Limited Warranty 

McCall Fitness warrants only to the original purchaser of the McCall Fitness product(s).  The Limited Warranty is not transferable to subsequent product owners or users - or otherwise available to anyone other than the original retail purchaser that acquired the product directly from McCall Fitness.

 

Warranty Coverage:

McCall Fitness Limited Warranty will cover product(s) to be free from defects in workmanship and materials, under normal residential use and conditions.  Limited Warranty begins from date of purchase.

  • Structural Welds ( 2 Year Warranty )
  • Frames ( 2 Year Warranty )
  • Bronze Bushings, Pillow Block Bearings, Pulley Wheels (1 Year Warranty)
  • Cables, Guide Rods, Sealed Roller Bearings ( 1 Year Warranty )
  • Upholstery ( 90 Day Warranty )
  • Wheels ( 90 Day Warranty )

 

Warranty Exclusions:

Any specific issues regarding a McCall Fitness product with which a customer is not satisfied, will be reviewed on a case-by-case basis.  The Limited Warranty shall not extend to any product that has been subjected to the following:

  • Any damage, failure, or loss caused by accident, misuse, neglect, abuse, Acts of God, tampering, theft, or failure to follow instructions or warnings.
  • Damage to the product due to dropping or slamming.
  • Improper assembly, installation and/or maintenance (if applicable),
  • Abnormal operating conditions or environment
  • Alteration or modification
  • A purpose or application in any way different from that for which it was designed
  • General wear of a product due to normal use is to be expected and does not give rise to any warranty claim.  Also, does not impede the use of the product (e.g., scratches, dents, or paint peeling).

 

Conditions Precedent to Submitting a Valid Warranty Claim

McCall Fitness shall have no obligations under this Limited Warranty to respond to any warranty claim that is submitted after the warranty coverage period has expired. Likewise, McCall Fitness shall have no obligation to respond to any warranty claim that is first submitted to McCall Fitness more than ninety (90) days after the date of a reported failure of the product.

In connection with any claims submitted in a timely fashion within the applicable product warranty coverage period, the product owner/purchaser is required to provide McCall Fitness with information sufficient to substantiate the claim. As part of its evaluation of any claim, McCall Fitness may request that additional information be provided and/or may also request an inspection of the product. In conjunction with any warranty claim, the owner/purchaser is obligated to use its best efforts to assist McCall Fitness in any investigation of the claim. Should the owner/purchaser fail to cooperate with McCall Fitness in connection with the investigation of a submitted warranty claim, then McCall Fitness shall be relieved of any obligation to make any payment/reimbursement on the claim.

 

Warranty Reimbursement Provisions and Limitations

With respect to McCall Fitness’ obligations in response to a valid warranty claim, the following terms and conditions apply:

  1. Any decision to replace the product or to provide payment for the parts and labor necessary to repair the product shall be made at the sole discretion of McCall Fitness.
  2. Absent any agreement made in advance of any third party undertaking any work to repair any product, McCall Fitness will not be responsible for any such expenses or costs.
  3. In all cases, McCall Fitness shall make the final determination as to the appropriate reimbursement for any warranty claim.
  4. Under no circumstances shall McCall Fitness be liable for any loss, direct, indirect, incidental, foreseen, unforeseen, special, or consequential damage arising out of or in connection with the use of this product.

 

EXCLUSIVE REMEDY

THE REMEDY OF REPAIR OR REPLACEMENT OF ANY PRODUCT UNDER THE TERMS OF THIS WARRANTY - AS MORE PARTICULARLY SPECIFIED IN THE WARRANTY REIMBURSEMENT PROVISIONS AND LIMITATION ABOVE - CONSTITUTE THE OWNER'S/PURCHASER'S EXCLUSIVE REMEDY AND IS IN LIEU OF ANY OTHER REMEDY. IN NO EVENT SHALL MCCALL FITNESS BE LIABLE FOR SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ASSOCIATED WITH ANY CLAIMED BREACH OF WARRANTY OR FOR ANY DELAY IN PERFORMANCE OF THIS WARRANTY.

 

No Modification, Extension, or Transfer of Warranty

The McCall Fitness Limited Warranty is limited to the written terms as expressed in this document. McCall Fitness does not authorize anyone to change or extend the terms of this limited warranty in any manner. The Limited Warranty is not transferable to subsequent product owners or users - or otherwise available to anyone other than the original retail purchaser that acquired the product directly from McCall Fitness.

No agent, representative, dealer, or employee has the authority to alter or increase the obligations or limitations of this warranty. Any implied warranties, including the WARRANTY OF MERCHANTABILITY and any WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, are limited in duration to the term of the applicable express warranty provided above, whichever is longer. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

** We are not responsible for distributor representations. In addition, the customer will pay for shipping and handling for warranty replacements.

 

Dispute Resolution by Binding Arbitration

Within ninety (90) days of McCall Fitness’ receipt of the owner's/purchaser's notice required pursuant to this Agreement, should the product owner/purchaser and McCall Fitness be unable to reach an agreeable resolution on any question(s) regarding the applicability of this limited warranty and/or any final determination by McCall Fitness regarding any claim submitted pursuant to this limited warranty, then all parties agree that binding arbitration (as discussed in greater detail below) shall serve as the exclusive method for resolving any such disputes.

After the expiration of the ninety (90) day time period listed above, the parties agree that any unresolved claim made or asserted by an owner/purchaser of a product covered by the McCall Fitness Limited Warranty that arises out of, in connection with, or otherwise relates in any way whatsoever to the Limited Warranty or the sale/performance of a product must be resolved by binding arbitration and that no claims or lawsuits regarding the product or any warranty related to the product can be initiated in any municipal, county, state, federal, or any other court of general jurisdiction. The parties acknowledge that the purchase of any product eligible for a Limited Warranty involves interstate commerce. The parties agree that arbitration shall be conducted pursuant to the provisions of the Federal Arbitration Act, 9 U.S.C. Sec. 1, et seq., and administered under the Commercial Dispute Resolution Procedures established by the American Arbitration Association (“AAA”). The parties agree that should a dispute arise regarding the scope of this arbitration provision, the question of scope shall be delegated to the arbitrator(s) for determination.

Each party shall bear its own costs associated with the arbitration, including its attorney's fees, and the parties shall share equally the fees and expenses of arbitration and the arbitrator(s), except that the arbitrator(s) shall have the power to apportion the ultimate responsibility for all AAA fees in the final award. The arbitration proceedings and results are to remain confidential and are not to be disclosed without the written agreement of all parties, except to the extent necessary to effectuate the decision or award of the arbitrator(s) or as otherwise required by law.

Governing Law

The McCall Fitness Limited Warranty and the parties' relationship shall be governed by the laws of the State of Texas and the United States (without regard to the choice of law rules).

To Report a Claim:

If you have a claim related to a product covered by this limited warranty, please email at: support@mccallfitness.com.