CANCELLATION, RETURN POLICY AND LIMITED WARRANTY

AMP FIT CANCELLATION, RETURN POLICY AND LIMITED WARRANTY

Effective Date: October 1, 2024

AMP FIT CANCELLATION POLICY

Orders (other than Pre-Orders, as defined in our Terms of Purchase and Service) for Amp Fit Inc. (“Amp Fit”, “our” or “us”) at home fitness device known as the Amp One device and other products offered by Amp Fit that have been placed through our website (https://ampfit.com) can be cancelled by contacting us via email support@ampfit.com or contact us via our Website any time before your shipment has shipped from our warehouse. Please see our Terms of Purchase and Service for cancellation of Pre-Orders. Please get in touch with us ASAP if you need to cancel your order.

After your order is shipped from our warehouse, any request to cancel is considered a return and subject to the terms of the Amp Fit Return Policy.

For information on how to cancel your subscription please see our Terms of Purchase and Service.

 

AMP FIT RETURN POLICY

This return policy applies only to purchases made directly through www.ampfit.com. If you are not satisfied with your Amp Fit Inc., (“Amp Fit”) at home fitness device known as the Amp One device (“Amp One Device”) and other products offered by Amp Fit (“Products”), you can request a return within 30 days following the date of delivery. An Amp Fit return authorization number must first be obtained as provided below.

The refund will be the purchase price actually paid by the purchaser less a restocking fee for each Product returned. Because of the size and weight of the Amp One Device, we do not offer a refund for any shipping, delivery or installation charges you may have paid. Refunds will be credited back to the original payment method only.

The return authorization number must first be obtained from Amp Fit’s customer service by contacting us via email support@ampfit.com or contact us via our Website.

If you ask for a return, your Product must be kept in full, under good conditions, with no damage caused to the Product or missing parts. In case of any damage or missing parts of the Product, Amp Fit reserves the right, at its sole discretion, to either decline a return request or assess fees in addition to any restocking fees.

By requesting a refund and return, you agree to allow and provide Amp Fit or its authorized designees access to your premises and electrical power for the purpose of uninstalling the Product (if and to the extent that Amp Fit agrees to undertake such activities). The return authorization number must be provided in writing to Amp Fit or its authorized designees prior to the uninstallation of the Product.

You are responsible for reviewing and complying with any uninstallation guidelines provided to you by Amp Fit or its authorized designees, including by moving and removing furniture or valuables from the Product installation area prior to our arrival, as the work area must be clear of obstacles. Uninstallation may not be performed if Amp Fit (or its designee) arrives to your premises and no adult is present or determines that it does not have appropriate access or cooperation from those on-site. Uninstallation may also be denied if dangerous or unhealthy conditions are present, such as possible code violations, and Amp Fit reserves the right to refuse or reschedule uninstallation work due to unsafe conditions which include, without limitation, extreme temperatures, natural disasters or the existence of other hazards. If Amp Fit’s (or its designee’s) ability to complete uninstallation of the Product is impaired by you or circumstances beyond our control, Amp Fit (or its designee) may elect to not provide the aforementioned uninstallation services at Amp Fit’s sole discretion. You acknowledge and agree that following the installation there may be damage to the wall, paint, or structure, and that you are fully responsible for any such damage. Amp Fit is not responsible for any such damage, nor is Amp Fit responsible for any damage or injury caused by self-uninstallation or other unauthorized uninstallation or maintenance, repair, or removal. Amp Fit will not be responsible for repairing any changes made to the premises or any resulting damage or injury caused by removal of the Product.

This return policy does not apply to defective products. Please read Amp Fit’s Limited Product Warranty below for warranty terms and conditions.

PLEASE DO NOT RETURN YOUR AMP ONE DEVICE WITHOUT PRIOR AUTHORIZATION

 

AMP FIT LIMITED WARRANTY

This limited warranty applies only to purchases made directly through www.ampfit.com. Amp Fit Inc., (“Amp Fit”) warrants to the original purchaser (or, for Amp One Device purchased with the intent to give as a gift, the owner of the original subscription attached to the Amp One Device), when delivered in new condition in its original container, that the covered components of the Amp One Device as delivered and used in accordance with the manual and any written communications by Amp Fit will be free from material defects in materials and workmanship for a period of one year from the date of shipment, subject to all of the terms, conditions and exclusions set forth below (the “Limited Warranty”). This Limited Warranty applies only to the at home fitness device known as the Amp One device manufactured and distributed by Amp Fit and is only valid for such products sold for use in a non-commercial home setting (the “Amp One Device”). This Limited Warranty applies only against defects in materials and workmanship, and not those issues that occur as a result of normal wear and tear, misuse, or those that occur outside of the conditions set forth below. THIS LIMITED WARRANTY IS NOT ASSIGNABLE AND TERMINATES UPON TRANSFER OR SALE OF THE AMP ONE DEVICE COVERED BY THIS LIMITED WARRANTY. Except where applicable law requires otherwise, the costs of labor and any shipping and handling charges associated with the repair are not covered if the Amp One Device is moved to a location that is outside of the United States of America.

The Limited Warranty does not cover: (i) damage caused by use with any third party component or product; (ii) cosmetic damage, including but not limited to, scratches, dents and broken plastic unless the failure is due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, fire, liquid contact or other external cause; (iv) damage caused by using the Amp One Device outside Amp Fit’s product guidelines (corrosion damage or damage from dropping the Amp One Device will be presumed to have resulted from failure to operate the Amp One Device in accordance with Amp operating instructions); (v) damage caused by service performed by anyone who is not a representative of Amp Fit or an authorized service provider of Amp Fit; (vi) any Amp One Device that has been modified or altered without the written permission of Amp Fit; (vii) damage caused by normal wear and tear; (viii) any Amp One Device that has had the serial number or dating removed, defaced or altered; (ix) any Amp One Device returned in improper packaging; (x) any warranty claims if the Amp One Device has been used for commercial purposes; or (xi) any warranty claims if Amp Fit receives information from relevant public authorities that the Amp One Device has been stolen and you cannot prove in any way that you are the authorized user of the Amp One Device (e.g., by presenting proof of purchase).

At Amp Fit’s option, Amp Fit may replace defective parts with new parts or serviceable used parts that are substantially equivalent to new parts in performance. Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or thirty (30) days, whichever is longer, or for any additional period that is required by applicable law. If Amp Fit determines that a problem with the Amp One Device may be within the terms and conditions of the Limited Warranty and that a repair is not economically possible, based on certain manufacturing defects in materials and/or workmanship, and/or at Amp Fit’s option and sole discretion and to the extent permitted by law, Amp Fit shall, fully replace the malfunctioning unit with a comparable new machine or a comparable used or refurbished version of similar manufacture date and functioning condition as the unit being replaced. All exchanged parts and Amp One Devices replaced under this Limited Warranty become the property of Amp Fit after the repair or exchange.

Warranty Disclaimers

EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMP FIT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS REGARDING THE AMP ONE DEVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AMP FIT ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY AMP ONE DEVICE, INCLUDING INCURRED DURING, OR AS A RESULT OF, ANY INSTALLATION OF AN AMP ONE DEVICE BY ANYONE OTHER THAN AN AUTHORIZED AMP FIT TECHNICIAN, INCLUDING BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF AMP FIT OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT.

You understand and agree that the disclaimers of warranties in this Limited Warranty are a fundamental part of this Limited Warranty and that Amp Fit would not agree to provide this Limited Warranty without such disclaimer.

Limitations of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, YOU (AND ANY THIRD PARTY CLAIMING THROUGH OR UNDER YOU) AGREE THAT IN NO EVENT WILL AMP FIT BE LIABLE (A) FOR INDIRECT DAMAGES OF ANY KIND, INCLUDING INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE AMP ONE DEVICE), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THIS LIMITED WARRANTY OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE AMP ONE DEVICE OR THIS LIMITED WARRANTY AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF AMP FIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER INDIRECT CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS LIMITED WARRANTY OR THE DELIVERY, USE, PERFORMANCE, REPAIR OR MAINTENANCE OF THE AMP ONE DEVICE. AMP FIT SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY INCURRED DURING, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR OF AN AMP ONE DEVICE BY ANYONE OTHER THAN AN AUTHORIZED AMP FIT TECHNICIAN.

AMP FIT’S TOTAL LIABILITY TO YOU FOR ANY INDIRECT DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE LESSER OF ACTUAL DAMAGES OR THE PURCHASE PRICE PAID TO AMP FIT BY YOU FOR THE AMP ONE DEVICE THAT GAVE RISE TO THE WARRANTY CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN ABOVE. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Any disputes between you and Amp Fit related to this Limited Warranty, to the extent permitted by law, will be governed by the then-current dispute resolution procedures in Amp Fit’s Terms of Purchase and Service, available at https://ampfit.com/pages/terms. If any provision of this warranty is determined as unenforceable, the remainder of this Limited Warranty shall not be affected thereby. No waiver by Amp Fit of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.