The following sets out the Warranty Policy for York Barbell Co. Ltd. (Canada) (“York Barbell”) for Canadian customers who have purchased York-branded products (“Products”) from York Barbell online at: www.yorkbarbell.ca

WARRANTY

Products purchased from York Barbell on the website above are warranted by York Barbell to be free from defects in material and workmanship for a period of twelve (12) months from the date of purchase.  During the warranty period, York Barbell or its authorized repair service will, at its option and without charge, either repair or replace any part of the Product covered by this warranty and found by York Barbell to be defective in material or workmanship. Non-York-branded products sold on the website are not covered by this warranty, and are instead covered by the warranty, if any, issued by their respective manufacturers.

LIMITATIONS AND EXCLUSIONS

The warranty is subject to the following limitations and exclusions:

• The warranty only applies in respect of sales of Products to customers in the provinces and territories of Canada.
• The warranty does not apply if the product is not assembled, and/or installed according to the instructions or directions included with the Product.
• The warranty does not apply if the Product is not used for its intended purpose and in accordance with any use instructions included with the Product.
• The warranty does not apply if the Product is not maintained in accordance with any maintenance instructions included with the Product.
• The warranty does not apply if the Product is used for applications beyond their stated operating tolerances, including using bars for weight loads beyond their stated capacity.
• The warranty does not apply to Products that have been subject to disassembly, modification, tampering, misuse, impact, improper storage, use with accessories or parts not provided or approved by York Barbell, contact with foreign materials such as sand or liquids, abuse, abnormal use, neglect, alteration, power surge, negligence, lack of reasonable care, accident, deliberate or careless damage, or Acts of God.
• The warranty applies only to Products used indoors in climate-controlled environments. The warranty does not apply to Products used in garages, barns, sheds, carports, covered porches or similar locations.
• The warranty applies only for home, personal, family or household, non-commercial use.
• The warranty does cover normal wear and tear.
• The warranty does not cover scratches, rust, rips, tears, or other cosmetic issues.
• The warranty does not cover damage caused by any repair or attempted repair by unauthorized persons, including the customer.
• The warranty does not cover cosmetic damage, normal wear and tear or “consumable” parts or accessories. “Consumable” means parts or accessories which will need to be replaced over time due to normal use. A non-exhaustive list is set out below.
  
  

WARRANTY CLAIM PROCEDURE

To make a claim pursuant to this warranty, you must contact us during the warranty period at contactus@yorkbarbell.ca or 1 (800) 361-0448, and provide your contact information (including the email address you used to place the order), your proof of purchase (order number or copy of your order confirmation), product make and model, product serial number, pictures of any damage if applicable, and a brief statement of the problem that is sought to be remedied.

If the claim has been made during the warranty period and is not excluded by any of the limitations or exclusions above, we may ask you to either (i) deliver the Product to York Barbell or an authorized service centre, or (ii) to arrange on-site warranty service with us or an authorized service centre.  If you are required to deliver the Product to York Barbell, you must (i) package it securely to protect against damage, (ii) prepay all packaging, shipping and delivery costs, and include your contact information (including the email address you used to place the order), your proof of purchase (order number or copy of your order confirmation), product make and model, product serial number, a brief statement of the problem that is sought to be remedied, any return authorization number that we have provided to you.

Upon receipt of the Product or at the service centre (as applicable), York Barbell will review the fault and determine whether the default is covered by the warranty. If it is, York Barbell will (at York Barbell’s option) replace or repair the Product, or refund the purchase price. If the Product is not covered by the warranty, York Barbell may either or both refuse to provide warranty service or provide you with an estimate of the costs of non-warranty repair.

WARRANTY REPLACEMENT

If York Barbell elects to replace a defective Product and the same Product is no longer available, York Barbell may replace such Product using a product with substantially similar features and functionality, as determined by York Barbell.

All Products replaced under this warranty will become the property of York Barbell. York Barbell reserves the right to change manufacturers of any Product to cover any existing warranty.

WARRANTY REPAIRS

If York Barbell elects to repair a defective Product, in the course of providing warranty repair services, York Barbell may replace defective parts using used or reconditioned parts.

All parts replaced under this warranty will become the property of York Barbell. York Barbell reserves the right to change manufacturers of any part to cover any existing warranty.

LIMITATION OF LIABABILITY

The warranties herein are expressly in lieu of all other representations, warranties expressed and conditions, express or implied, statutory or collateral, including but not limited to any implied warranty or condition of quality, durability, merchantability or fitness for particular purpose or non-infringement, except to the extent prohibited by applicable law, in which event the duration of any implied warranty shall be limited to one (1) year, from the date of purchase or such longer period as may be required by applicable law. York Barbell hereby disclaims all liability for damages, whether consequential, direct, indirect, exemplary, punitive, special and incidental damages or incidental, arising out of, or in connection with, any breach of warranty or any other claim with respect to this York Barbell product, including, but not limited to, claims of negligence, strict liability or breach of contract, even if York Barbell has been advised of the possibility of such damages.

Some jurisdictions do not allow (a) limitations on how long an implied warranty lasts or (b) the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction. This warranty applies to the maximum extent permitted by applicable law and unless restricted or prohibited by law. Where any term of this warranty is restricted or prohibited by applicable law, such term shall be null and void; however, the remainder of this warranty shall remain in effect.