Uesaka Barbell Company Warranty and Limited Liability
In proper use, Uesaka weightlifting bars will provide a lifetime (defined below) of use for lifting. Our weightlifting bumper plates can and should withstand heavy usage. We are confident that you are purchasing some of the best products available and therefore we stand behind our products with the following warranties to cover any defects that could be present. By taking delivery direct or through an authorized Uesaka Dealer, and using specific Uesaka products enclosed with this statement of Warranty and Limited Liability, you thereby agree to the terms and conditions of this statement of Warranty and Limited Liability, including, without limitation, the section regarding the submission to arbitration of any disputes and to the governing law provisions.
Uesaka Barbell Company and its legal corporations of Uesaka Distribution LLC and Uesaka T.E. Ltd., Co.
Warranty and Limitations of Liability:
- Limited Liability
1. Uesaka Barbell Company (“Uesaka”) hereby warrants that:
- Uesaka products known as Olympic competition bars used for the sport or training in weightlifting and competition bars for powerlifting shall be free from defects in material and workmanship for the lifetime of such products when used in competition. For purposes of this limited warranty, “lifetime” warranty coverage ends when the applicable product becomes un-useable for reasons other than defects in workmanship or material/faulty design. This limited lifetime warranty only to the original end-user customer of the product for so long as the original end-user customer owns the product. This limited lifetime warranty is non-transferable. The non-transferability shall extend to use of competition equipment after competition events including legacy assignment of product. If Uesaka Olympic Competition bars are used for training purposes, the warranty shall be the same for Uesaka Olympic Training Bars, see (B) below.
- Uesaka warrants that Uesaka products known as training bars for the sport of weightlifting or sport use training shall be free from defects in material and workmanship for a ten (10) year period from the date of delivery. For the purpose of this limited warranty, the 10 year warranty coverage could, and will end at any time prior to 10 years if the applicable product becomes unusable for reasons other than defects in workmanship or materials.
- Uesaka warrants that all other Uesaka bars not specifically mentioned above shall be free from defects in material and workmanship for a period of two (2) years from the date of delivery. For purposes of this limited warranty, the 2 year warranty coverage could, and will end any time prior to 2 years if applicable product becomes unusable for reasons other than defect in workmanship or material.
- Uesaka warrants that Uesaka products known as Olympic weightlifting competition and select training discs shall be free from defects in materials and workmanship for a period of five (5) years from the date of delivery. For purposes of this limited warranty, the 5 year coverage could, and will end at any time prior to 5 years if the applicable product becomes unusable for reasons other than defects in workmanship and material.
- Uesaka warrants that Uesaka products known as powerlifting discs shall be free from defects in material and workmanship for a period of ten (10) years from the date of delivery. For purposes of this limited warranty, the 10 year warranty coverage could, and will end any time prior to 10 years if the applicable product becomes unusable for reasons other than defects in workmanship or material.
- Uesaka warrants that all other Uesaka discs, including but not limited to Varsity Series and X-plate series, not specifically mentioned above shall be free from defects in material and workmanship for a period of two (2) years from the date of delivery. For purposes of this limited warranty, the 2 year warranty coverage could, and will end any time prior to 2 years if the applicable product becomes unusable for reasons other than defects in workmanship or material.
- Uesaka warrants that all other products produced by Uesaka (ie. facility and training equipment), other than electronic products, not specifically mentioned above shall be free from defects in material and workmanship for two (2) years from the date of delivery. For purposes of this limited warranty, the 2 year warranty coverage could, and will end at any time prior to 2 years if the applicable product becomes unusable for reasons other than defects in workmanship or material.
- Uesaka warrants that all electronic products produced by or sold by Uesaka be free from defects in material and workmanship for ninety (90) day period from the time of delivery. Uesaka accepts no responsibility nor warrants product not produced under the Uesaka name or brand. For purposes of this limited warranty, the 90 day warranty coverage could, and will end at any time prior to the 90 days if the product becomes unusable for reasons other than defects in workmanship or material.
Uesaka’s obligation under the aforesaid warranties shall be discounting, repairing or replacing Uesaka products, which if properly used, including use on approved flooring surfaces and maintained in methods and manners outlined in the Enclosed Proper Care and Maintenance Manual, prove defective in material or workmanship. Such discount, repair or replacement schedule shall be the sole discretion of Uesaka. Original purchaser must return said product for repair or replacement in original shipping boxes or containers. It shall be the sole obligation of the purchaser to arrange for shipping of said product to a designated Uesaka facility within (14) days of written request for discount, repair or replacement. Any repaired or replaced product pursuant to this warranty will be warranted for the remaining time of the original warranty period. Upon Uesaka’s request, and at the purchaser’s expense, buyer shall promptly provide samples of product or other evidence of alleged defect claim to product. Claiming an alleged defect does not relieve buyer of any of its payment obligations to Uesaka or authorized dealers. Buyer must not return any alleged defective products without Uesaka’s written consent. Uesaka’s warranty obligation listed above shall not apply to any part of the products sold hereunder, which (a) are consumed by normal wear and tear, including but not limited to marks and scratches on chrome or rubber surfaces of bars and discs. Claims against “chrome pealing” shall only be covered if inspection of chrome surface reveals a defect in the chrome application or plating material; (b) have normal lifetime inherently shorter than the herein stated warranty period; (c) have damage due to negligent or faulty use, alteration, maintenance, storage or handling by buyer, including but not limited to damage to bar or discs on unapproved floor surfaces determined by Uesaka to be safe for use of equipment. Any suggestion by Uesaka or Uesaka Dealers regarding use, application or suitability of products shall not be construed as an express warranty unless confirmed to be such in writing by Uesaka. THE WARRANTY EXPRESSED HEREIN SHALL BE IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICIPATION PURPOSE AND NON-INFRINGEMENT, AS IN LIEU OF ANY AND ALL OTHER OBLIGATIONS OR LIABILITY ON UESAKA’S PART. ANY PRODUCTS WHICH BY AGREEMENT OF THE PARTIES ARE OF LESS THAN UESAKA’S STANDARD QUALITY ARE SOLD “AS IS”.
2. Warranty Claims, Inspection and Waiver Defects
Written notice of any alleged defect must be presented to Uesaka within fourteen (14) days after discovery, and Uesaka must be allowed to inspect the applicable product (s) while they are in the alleged defective condition. Use of allegedly defective products must be suspended immediately until clearance is issued by Uesaka for continued use.
3. Limitation on Liability
- Expect as otherwise agreed in writing, Uesaka’s liability with respect to products shall be limited to warranty as provided in Section I and this Section III, and shall be further limited to the purchase price.
- TO THE MAXIMAL EXTENT PERMITTED BY APPLICABLE LAW, UESAKA SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILTY), OR OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS SOLD BY UESAKA, OR UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. TO THE MAXIMUM EXTENT PERMITTED BY APPLIABLE LAW, UNDER NO CIRCUMSTANCES WILL UESAKA BE LIABLE FOR ANY INCENDENTAL OR CONSEQUENTAL DAMAGES, OR FOR ANY OTHER LOSS, DAMAGE OR EXPENSES OF ANY KIND, INCLUDING LOSS OF PROFITS OR SAVINGS AND LOSS OF BUSINESS ARISING IN CONNECTION WITH THIS AGREEMENT OR THE USE OR LIABILTY TO USE UESAKA’S PRODUCTS FURNISHED UNDER THIS AGREEMENT. UESAKA’S SOLE LIABILTY AND BUYER’S SOLE REMEDY IS LIMITED TO EITHER (A) REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCT OR (B) AT UESAKA’S OPTION, DISCOUNT OF PURCHASED PRICE. THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF REMEDIES FAIL ESSENTIAL PURPOSE.
- Without limiting the generality of the foregoing Uesaka specifically disclaims any liability for property or personal injury damages, penalties, special or punitive damages, damages for lost profits or revenues, loss of use of the products, or any associated equipment, cost of capital, cost of repairs to the products subject to Uesaka’s warranty performed by persons other than Uesaka without Uesaka’s prior written consent, cost of substitution products, facilities or services, down time or slow down costs or for any other types of economic loss, and for claims of buyer’s customers or any third party for any such damages. Uesaka disclaims any liability for any claim, whether in contract or in tort, which arose more than one (1) year prior to the initiation of arbitration or litigation by buyer against Uesaka.
- Buyer agrees to cause its customers and anybody in the chain of manufacturing supply and distribution including the end customer to be bound by limitations of liability substantially equal to thise contained in this agreement.
Arbitration and Governing Law:
- All disputes arising under this agreement shall be settled by final and binding arbitration in Denver, Colorado USA under Colorado and USA law. The parties may agree on the selection of a single arbitrator, but in the event they cannot agree, Uesaka shall maintain the right to select the arbitrator it feels would be a fair and impractical representative for both parties. The award by the arbitrator shall be final and judgment upon the award rendered may be entered into any court having jurisdiction thereof.
- Governing Law. THE PARTIES THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXSITING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN UESAKA AND BUYER ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPERTATIONS, OR BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT FROM THIS AGREEMENT OR ANY RELATED PURCHASE SHALL BE THE LAWS OF COLORADO AND THE UNITED STATES, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS.