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E-Fit manufacturer's guarantee & return policy

I. General Provisions
Fit-Pro Kft. with its registered office at Szabadsag square 7, 1054 Budapest, Hungary,
company registration number: 01-09- 0968531 (hereinafter referred to as: “Manufacturer”)
provides Manufacturer's Guarantee (hereinafter referred to as: “Guarantee”) to its clients for
the products manufactured by the Manufacturer.
Imported Fitness Solutions Inc. with its registered office located at 446 S Cottage Hill Ave,
Elmhurst, IL 60126, FDA importer registration number: 3030691427 (hereinafter referred to as:
“Importer”) an affiliated company of the Manufacturer. Importer is the exclusive
representative of Manufacturer in the United States of America and its territories.
Products shall mean the device(s) concerned with the purchase, altogether with its/their
component(s), accessory(ies) and the special technical wear specifically approved by the
Manufacturer. Manufacturer hereby declares, that special certification is required for the usage
and operation of the Products, which certificate can be acquired from the Manufacturer or the
Importer, on the basis of a successful training program and exam accomplished by the Client.
Client in this scenario shall mean the owner of the Products, who purchased the Products
either from the Manufacturer, Importer or from an official distributor of the Manufacturer as its
representative (hereinafter referred to as: “REP”), in line with the scope of its business interest
and activity, without the intention of reselling it. Only clients purchasing the Products for the
first time are entitled for this Guarantee. “First clients” are the clients, who purchased new
Products directly from the Manufacturer, Importer or the REP.
II. Scope of guarantee
Manufacturer guarantees to the Clients that its products are free of material defects and
corresponding to the quality requirements determined either/or in the relevant standards,
regulations and/or in the sale and purchase agreement.
This guarantee shall be valid from the date of the first installation of the Product by the first
Client. Clients shall be provided with a document proving the purchase and the Manufacturer’s
Guarantee, a so-called guarantee certificate, in order to enable them to enforce their rights
under this Manufacturer’s Guarantee.
Manufacturer hereby expressly highlights that the Guarantee shall only be granted for Clients,
whose Products were used by certified persons only. Certified persons in this scenario shall
mean persons, who has successfully accomplished the training program and the exam
required by the Manufacturer and accordingly, obtained “E-Fit certified trainer” certificate.
The certificate is registered by the Manufacturer as certified body, and should be renewed
periodically after it is obtained. In respect of the present Manufacturer’s Guarantee E-Fit
Certified Trainer shall mean E-Fit certified instructor trainers and academy trainers as well
(altogether hereinafter shall be referred to as: “E-Fit Certified Trainers”).
The guarantee is valid for:
(i) a period of 2 years or 12.000 sessions or 6.000 hours for the E-Fit devices;
(ii) a period of 3 years in the case of electrodes; and,
(iii) a period of 1 year for the TW32 technical wear (the estimated obsolescence is 350 hours
or 900 sessions of usage for the TW32 technical wear and accessories);
III. Written Notification of Defects
Clients shall receive all related instructions of the Product (for example the User Manual,
handbooks, user guides, operating instructions, etc.) for the proper usage and maintenance of
the Products.
Manufacturer declares that some E-Fit Products - such as the E-Fit Devices – entails
maintenance and regular update obligations to be carried out by the Clients. The maintenance
and the update obligations shall be carried out in accordance and compliance with the User
Manual, handbooks, user guides, operating instructions and any other Policies may contain
such obligation provided by the Manufacturer.
Manufacturer hereby inform Clients, that provided that such negligence has an effect on the
default of the Product, the costs arisen in line with the enforcement of the guarantee rights by
the Client shall not contain the costs caused by the negligent conduct of the Client.
In the case of default of the Products not related to the negligent conduct of the Client, Client
can claim its rights under this guarantee by sending written notification of the defect within the
Guarantee Period with the simultaneous proof of the guarantee certificate.
This notification shall be submitted to the REP in case the client purchased the Product from
the REP, or to the Manufacturer, if the Product was purchased directly from the Manufacturer.
Client must be able to prove its ownership over the Product (for example by presenting its
proof of purchase referred in Section II), otherwise Manufacturer reserves the right to reject
the Client’s claim of defect and unilaterally decide to be released from the obligations of this
Agreement and any related guarantee.
IV. Benefits of the Manufacturer’s Guarantee
IV.1. Repair, replacement
Should a default arisen in the Product and proven to be present by the time of purchase and
receipt of the Product, the client may choose from the following actions to be carried out by the
Manufacturer within the scope of this Guarantee:
(i) repair or,
(ii) replacement of the defective product with a product or part of reasonably the same
quality and form.
IV.1.1. Repair
Repair will be carried out directly by the Manufacturer or its subcontractor. Costs of the repair,
including the costs of the spare parts and their installation and labor costs shall be borne by
Manufacturer as well as any expenses for the transport or shipment of the Product. The client
must grant Manufacturer access to the product.
IV.1.2. Replacement
In case of replacement, the defected product shall be replaced free of charge by a new product
of the same kind, same quality and same type. If the product in question is no longer
manufactured at the time of the notification of the defect, the Manufacturer shall be entitled to
deliver a product or part of reasonably the same quality and form.
The transport or shipment to and from the Manufacturer or to and from the REP, respectively,
any removal and any reinstallation of the product, or any other particular measure may only be
performed upon prior written consent by the Manufacturer.
Should the fulfilment of the chosen warranty right become impossible, or results in
disproportionate expenses for the Manufacturer compared to the other warranty rights, upon
notice by Manufacturer, Client shall choose from the other warranty rights, subject to
Manufacturer’s approval.
IV.2. Sub-contract of the repair, reduction or refund of the purchase price
In case the Manufacturer does not undertake the repair, or replacement of the Product, or the
repair or replacement cannot be carried out within a reasonable time, or the client has no more
interest in the repair, or the replacement of the Product, the client may choose from one (1) of
the following alternative resolutions:
(i) sub-contract the repair of the defective product to the locally based partner of the
Manufacturer, provided that such exists,
(ii) reduce the purchase price proportionally,
(iii) refund the purchase price to the client.
IV.2.1. Sub-contract of the repair
Manufacturer expressly highlights that repairs shall only be carried out by the Manufacturer, or
its locally based verified partner entitled for preparing the Products. Should any repair to be
done to the Product by the client, or by any non-E-Fit Certified Trainer, in that case the
Manufacturer is no longer bounded by its obligation undertaken in this Guarantee or in the
Agreement, regardless to that fact whether the Product would still fall under the guarantee
period.
IV.2.2. Reduction of the purchase price
In case the Manufacturer does not undertake the repair, or replacement of the Product, or the
repair or replacement cannot be carried out within a reasonable time the client may choose
the reduction of purchase price. In this case the price determined in the Sale and Purchase
Agreement shall be decreased with the amount of the defect of the Product. This amount shall
be reimbursed to the client.
IV.2.3. Refund of the purchase price
In case the client has no more interest in the repair or the replacement of the Product and
request the purchase price to be refunded and the Manufacturer confirms this in writing, the
client shall return the product and the Manufacturer shall reimburse the paid purchase price.
Client shall acknowledge that this option may only be requested if the default of the Product
cannot be repaired properly even after several months, or the default repeatedly occurs even
after its repair.
Manufacturer hereby draws the attention of the Clients that in the case that a long time elapses
from the first installation of the Product, and the enforcement of the refund of the purchase
price, and the price of such Product has increased significantly, leaving Client with more funds
that initially paid, Client shall reimburse to Manufacturer the amount of funds greater than the
amount initially paid.
Client may only demand these rights if the client was complying with the instructions given for
maintenance and operation of the Product.
In any case, the client shall not seek indemnity regarding any damages.
V. Conditions, Exclusions, and Disclaimer
V.1.Conditions
The conditions for the effectiveness of this Guarantee are the installation and maintenance
according to the operating instructions and the generally acknowledged rules of technology
and the compliance with the operating instructions and the use of the Manufacturer’s products
according to the Manufacturer's technical and care instructions. Operating, care and technical
instructions are contained in the User Manual of the Product(s).
Manufacturer hereby declares that clients are not only not allowed but also prohibited to open,
disassemble, modify or in any other way to change (hereinafter altogether referred as: “alter”)
the Products or its components. Manufacturer expressly highlights that due to the fact that
such alterations may have significant effect on the operation of the Products, and such
alteration may cause dangerous occurrences, servicing shall only be carried by qualified
employees of Manufacturer or its approved subcontractor(s). Should any of such activities
being carried out, the Client shall use its guarantee rights according to the Product concerned
with such activity.
V.2. Exclusions
V.2.1. Not covered by Guarantee
The guarantee does not cover minor deviations of the Manufacturer’s products from the
nominal condition that have no influence on the serviceability of the Product; and caused by
everyday usage of the Product.
V.2.2. Not applicable under this Guarantee
The guarantee does not apply in case of:
- installation, maintenance, repair or care by non-E-Fit certified trainers;
- damage attributed to normal wear or intentional damage;
- lack of or incorrect maintenance by the simultaneous breach of the instructions of the
User Manual;
- products that have not been or are not used according to their intended purposes.
V.3. Disclaimer
Should the client - despite the prohibition referred in the former Section - alter any of its
Products, and still attempt to enforce this guarantee, then as a result of such prohibited and
unauthorized alteration this Product shall no longer fall under guarantee.
Manufacturer hereby expressly draws the attention to that any misuse of the Products, by the
simultaneous breach of the provisions of the User Manual of the Product, - especially but not
exclusively such as the misuse of the Products, taking up prohibited exercises, using prohibited
training methods, choosing improper sizes, and violating or defaulting the cleaning processes
– and/or Products used by non-E-Fit certified trainer(s) will no longer fall under the scope of
the present Guarantee.
Furthermore, should the usage of such unauthorized and prohibited alteration cause any side
effects, and/or damages, the Manufacturer excludes its liability for/in any such cases.
This guarantee shall be governed by the law of Hungary and any disputes arising in relation to
it shall be subject to the exclusive jurisdiction of Hungary. As a member of the European Union
the Hungarian law corresponds to and comply with the regulations of the European law.
VI. US Return and Refund Policy
In case a return or refund demand arises, please follow these steps:
1. Contact our Customer Support agent at techsupport@e-fit.com within the 14-day return
window and inform us about the return and refund demand. Please include your name and
serial number of your device.
2. Safely package the product with all its original components and labels.
3. Ship the package back to the address provided by our Customer Support agent.
In case of a defective product or a mistake by Manufacturer, Importer or official E-Fit
Representative, we provide a prepaid shipping label. Upon receiving and inspecting the
returned product, we will process the refund within 5 business days to the original payee.
In case of demand for any kind of exchange, please contact our Customer Support team within
5 days of receiving the Products to arrange the exchange. Shipping fees may apply.
In case of demand for cancelling an order, please contact your E-Fit Representative. In case
the order has not been shipped yet, your E-Fit Representative will issue a full refund. If the
order has been shipped, please contact our Customer Support agent at techsupport@e-fit.com
to initiate the return and refund.
In case of any questions about the return and refund process, please feel free to contact our
​Customer Support agent at techsupport@e-fit.com.

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