Tempo Limited Warranty

Last modified: July 6, 2020

Tempo Interactive Inc. dba Tempo (“Tempo”) extends the following Limited Warranty, which applies only to non-commercial, in-home, indoor use (or if you are a non-residential buyer using the device in a commercial setting (e.g., a gym or hotel) (a “Commercial Buyer”), only to indoor use at a single location) of the Tempo Studio. Any other use will void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described below.

The Limited Warranty applies for the following components of the Tempo Studio only for the time period indicated. The Limited Warranty applies only against defects discovered within the applicable Limited Warranty period and only so long as the Tempo Studio remains in the possession of the original purchaser, or, for gifted Tempo Studios, the owner of the original membership attached to that Tempo Studio.

CABINET: 3 YEARS

Tempo warrants the cabinet holding the interactive display against defects in workmanship and materials for a period of 3 years from the date of original delivery.

INTERACTIVE DISPLAY: 12 MONTHS

Tempo warrants the interactive display, including the screen and all incorporated hardware elements (e.g., camera, processor) against defects in workmanship and materials for a period of 12 months from the date of original delivery.

HEART RATE MONITOR: 12 MONTHS

Tempo warrants the heart rate monitor provided with the Tempo Studio against defects in workmanship and materials for a period of 12 months from the date of original delivery.

BARBELLS, COLLAR AND WEIGHTS: 3 YEARS

Tempo warrants the barbells, collar and weights against defects in workmanship and materials for a period of 3 years from the date of original delivery.

LABOR AND INSTALLATION: 12 MONTHS

For Tempo Studios originally assembled by an authorized Tempo technician, Tempo will cover the labor cost for the repair or replacement made under this Limited Warranty for a period of 12 months from the date of original delivery. Except where applicable law requires otherwise, repair labor is not covered for locations where Tempo did not originally assemble the Tempo Studio or if the Tempo Studio is removed from its original installation location.

EXCLUSIONS AND LIMITATIONS
  1. Who is covered?
    • The original owner of the Tempo Studio. The Tempo Studio must remain in the possession of the original purchaser, or for gifted Tempo Studios, the owner of the original membership attached to that Tempo Studio. This Limited Warranty is not transferable.
  2. What is covered?
    • If a defect arises in the Tempo Studio or a warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Tempo to, at Tempo’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Tempo Studio or component with the same or a comparable model.
    • Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
  3. What is NOT covered?
    • Any other Tempo products or services, non-Tempo products or labor, units that are, or that Tempo reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased or used outside the U.S., and units missing serial numbers.
    • Software, even if sold with or embedded in the Tempo Studio, or Internet connectivity. Tempo does not warrant that the operation of the equipment will be uninterrupted or error-free.
    • Damage or equipment failure due to normal wear and tear, improper or negligent assembly, maintenance installation, relocation, or repair (other than that caused by a Tempo authorized service or installation technician), use of the Tempo Studio with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Tempo Studio, or any use contrary to the instructions provided with the equipment.
    • Installation of the interactive display by anyone other than a Tempo approved technician will void the Limited Warranty with respect to the interactive display as well as labor and installation.
    • Damage or equipment failure due to accident, abuse, improper or abnormal use, neglect, corrosion, discoloration of paint or plastic (or any other change in cosmetic appearance that does not affect performance), theft, vandalism, fire, flood, wind, lightning, freezing or other natural disasters or acts of God of any kind, electrical wiring, power reduction, power fluctuation or power failure from whatever cause, unusual atmospheric conditions, collision, introduction of foreign objects, or modifications that are unauthorized or not recommended by Tempo.
    • Incidental or consequential damages. Tempo is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of equipment or parts. Tempo does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, cost of substitute equipment, maintenance visits or transportation.
    • Equipment used for any use other than indoor at a single family or household (or if you are a Commercial Buyer, any use other than indoor at a single physical location).
    • If you are a Commercial Buyer, equipment used in connection with a violation of the Terms of Service or the commercial program, such as, for example, by not obtaining and paying for a commercial membership.
    • Any attempt to modify the components of the Tempo Studio or modify, delete, add, or install software not provided with the Tempo Studio or automatically updated by Tempo will void the Limited Warranty.
    • Any relocation or attempted relocation of the Tempo Studio after its initial installation.
    • Any repair or attempted repair of the Tempo Studio by anyone other than a certified Tempo technician.
    • Where permitted by law, replacement units, parts and electronic components reconditioned to as-new condition by Tempo or its vendors may sometimes be supplied as a warranty replacement and constitute fulfillment of warranty terms.

    THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY GIVEN BY TEMPO AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONAL REPRESENTATIONS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY STATUTORY WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED EXCEPT TO THE EXTENT PROHIBITED BY LAW. IN SUCH EVENT, SUCH WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIODS SET FORTH ABOVE. THIS EXCLUSION APPLIES EVEN IF THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSES AND REGARDLESS OF WHETHER DAMAGES ARE SOUGHT FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT OR UNDER ANY OTHER LEGAL THEORY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

    Any disputes between you and Tempo related to this Limited Warranty or the Tempo Studio will be governed by the then-current dispute resolution procedures in Tempo’s Terms of Service, available at Terms.

  4. How do I obtain warranty service?
    • To be eligible for service under this Limited Warranty you must provide Tempo with the serial number of your Tempo Studio and the dated receipt, or other proof of purchase indicating the date purchased, upon discovering any nonconformity or defect. Contact member support if you believe you need service at hello@tempo.fit. Claims must be made within the specified warranty period.
  5. What if I have questions or concerns?
    • You may direct any questions or concerns to member support: hello@tempo.fit.