ATEC LIMITED WARRANTY

This limited warranty applies to residents of the United States only and contains a binding arbitration agreement and a class action waiver. If you live in the United States, the binding arbitration agreement and class action waiver affect your rights under this warranty. Please read the text under the section titled “Binding Arbitration Agreement; Class Action Waiver” carefully.

THIS LIMITED WARRANTY APPLIES TO THE FOLLOWING ATEC PRODUCTS (EACH, A “PRODUCT”; COLLECTIVELY, THE “PRODUCTS”). BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS LIMITED WARRANTY. BEFORE USING THE PRODUCT, PLEASE READ THIS LIMITED WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE THE PRODUCT. RETURN THE PRODUCT TO THE DEALER OF PURCHASE. SEE THE DEALER’S RETURN POLICY FOR DETAILS AND/OR ADDITIONAL RETURN REQUIREMENTS.

*THIS LIMITED WARRANTY APPLIES SOLELY TO THE PRODUCTS DESCRIBED ABOVE. THIS LIMITED WARRANTY DOES NOT APPLY TO PRODUCTS NOT LISTED ABOVE AND PRODUCTS SOLD ON A “USED”, “AS-IS” OR “WITHOUT WARRANTY” BASIS.

THIS LIMITED WARRANTY APPLIES TO PRODUCTS PURCHASED AFTER THE LAST REVISION DATE SET FORTH BELOW.

HOW LONG IS THE WARRANTY PERIOD AND WHAT IS COVERED?

ATEC  warrants the Products against non-conformance with ATEC material and workmanship specifications for the applicable warranty period listed above commencing from the date of purchase by the original purchaser from an authorized dealer (“Warranty Period”) under the following conditions ONLY:

• The warranty claim is made by the original purchaser of the Product with a valid proof of purchase from an authorized ATEC dealer (i.e., this limited warranty does not extend to purchases made from: (i) auction sites such as eBay or Craigslist, (ii) unauthorized dealers selling via third party marketplaces such as Amazon Marketplace, or (iii) dealers selling altered, doctored or counterfeit products);
• The Product has not been subjected to accident, misuse, abuse, commercial use, improper service, or non-ATEC repair or modification;
• The date code and/or hologram (if applicable) on the Product is legible and has not been removed, deleted or altered; and
• Claims are made within the applicable Warranty Period.

WHAT THIS LIMITED WARRANTY DOES NOT COVER

THIS LIMITED WARRANTY DOES NOT COVER AND ATEC IS NOT RESPONSIBLE FOR:

1. NORMAL WEAR AND TEAR;
2. COSMETIC DAMAGE (I.E., MINOR SCRATCHES, SURFACE DEFORMATIONS, OR DISCOLORATION) INCLUDING NATURAL FADING OF COLORS;
3. DAMAGES CAUSED BY MISUSE, ABUSE, OR BY ACCIDENT OR NEGLIGENCE, INCLUDING PROLONGED EXPOSURE TO INCLEMENT WEATHER;
4. FAILURE TO OBSERVE CARE INSTRUCTIONS;
5. DAMAGE CAUSED BY RIPS, CUTS OR TEARS;
6. BURNS AND ABRASIONS;
7. UNAUTHORIZED MODIFICATION OR ALTERATION INCLUDING ANY REPAIR DONE OUTSIDE OF ATEC CUSTOMER SERVICE;
8. PRODUCTS WITH REMOVED OR DEFACED HOLOGRAMS OR DATE CODES;
9. PRODUCTS PURCHASED FROM UNAUTHORIZED DEALERS (INCLUDING, WITHOUT LIMITATION, PRODUCTS PURCHASED THROUGH (I) AUCTION SITES SUCH AS EBAY OR CRAIGSLIST, (II) UNAUTHORIZED DEALERS SELLING VIA THIRD PARTY MARKETPLACES SUCH AS AMAZON MARKETPLACE, OR (III) DEALERS SELLING ALTERED, DOCTORED OR COUNTERFEIT PRODUCTS);
10. COUNTERFEIT PRODUCTS;
11. PRODUCTS PURCHASED “USED”, “AS-IS”, “WITHOUT WARRANTY”;
12. ANY DAMAGES ARISING AFTER THE WARRANTY PERIOD; OR,
13. PRODUCTS OR BRANDS THAT ARE NOT LISTED ABOVE.

THIRD PARTY CERTIFICATIONS

Any mark, graphic or sticker applied to the Product indicating that the Product is certified or compliant with the standard of a particular third party governing body (i.e., NOCSAE) shall only represent that the Product was so certified at the time of its manufacture and not at any later time. Should the Product that was so certified or approved at the time of manufacture subsequently lose that certification or approval, then ATEC may or may not, at its sole option, develop a program for retro-fitting, repairing or replacing the Product and/or providing a voucher to be used toward the purchase of other ATEC products on www.atec.com , as applicable. In such cases, to the greatest extent permitted under applicable law, the remedies provided under such program shall be the sole and exclusive remedies available to affected Product owners.

MAKING A WARRANTY CLAIM

Visit  www.atec.com and fill out the limited warranty form for a warranty claim number.

Upon receipt of your warranty claim, ATEC may (a) accept your claim for warranty service by ATEC, (b) request that you send your product to ATEC for further evaluation of your claim, (c) deny your warranty claim, or (d) direct you to the Authorized ATEC Dealer of purchase for warranty service.

If your Product is covered by this warranty, then ATEC will at its sole option and in its sole discretion (1) repair the Product (or part or component thereof), (2) replace the Product (or part or component thereof) with the same model product (or part or component), (3) replace the Product (or part or component thereof) with a comparable product (or part or component) should the Product be discontinued or otherwise unavailable, or (4) provide you with a voucher to be used toward the purchase of other ATEC  products onwww.atec.com . Note - A replacement product does not start a new Warranty Period. At its option, ATEC may replace the Product with a new or refurbished product.

If you have sent your product to ATEC and ATEC determines that your product is not covered by this limited warranty, then we will return your product to you.

Note - ATEC reserves the right to refuse warranty service to any person who, in ATEC’s sole discretion, abuses its products or warranty policy.

WHAT TO DO IF YOU ARE NOT SATISFIED WITH SERVICE

If you feel ATEC has not met its obligations under this warranty, you may attempt to resolve the issue informally with ATEC. If you are unable to resolve the issue informally and wish to file a formal claim against ATEC, you must submit your claim to binding arbitration according to the procedures described below, unless an exception applies. Submitting a claim to binding arbitration means that you do not have the right to have your claim heard by a judge or jury, either individually or a part of a class of consumers. Instead your claim will be heard by a neutral arbitrator.

BINDING ARBITRATION AGREEMENT; CLASS ACTION WAIVER

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU HAVE BROUGHT AN ELIGIBLE INDIVIDUAL CLAIM IN SMALL CLAIMS COURT OR HAVE OPTED OUT AS DESCRIBED BELOW, ANY CONTROVERSY OR CLAIM RELATING IN ANY WAY TO YOUR PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE ATEC PRODUCT’S SALE, CONDITION OR PERFORMANCE, WILL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION AND CONDUCTED BY A SINGLE ARBITRATOR APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND ITS SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES. You may learn more about the American Arbitration Association and its rules for arbitration by visiting www.adr.org or by calling 800-778-7879. Since this warranty concerns a transaction in interstate or international commerce, the Federal Arbitration Act will apply.

To the greatest extent permitted by applicable law, the filing fees to begin and carry out arbitration will be shared between you and ATEC, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point ATEC will cover all additional administrative fees and expenses. ATEC waives its right to recover attorneys’ fees in connection with any arbitration under this warranty. If you are the prevailing party in an arbitration to which the Supplementary Procedures for Consumer-Related Disputes applies, then you are entitled to recover attorneys’ fees as the arbitrator may determine.

The dispute will be governed by the laws of the state or territory in which you resided at the time of your purchase. The place of arbitration will be Cook County, Illinois, or your county of residence. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator will not award consequential damages, and any award will be limited to monetary damages and will include no equitable relief, injunction, or direction to any party other than the direction to pay a monetary amount. Judgment on the award rendered by the arbitrator will be binding and final, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having jurisdiction. Except as may be required by law, neither you nor ATEC nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and ATEC.

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ATEC AND YOU AGREE THAT NO PARTY WILL HAVE THE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED AS A CLASS ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

EXCEPTIONS TO BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, THEN: (1) you must notify ATEC in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to ATEC at 130 E. Randolph Street, Suite 600, Chicago, IL 60601, Attn: Legal Department; and (3) your written notification must include (a) your name, (b) your address, (c) the date you purchased the product, and (d) a clear statement that you wish to opt out of the binding arbitration agreement and class action waiver. In addition, you may pursue an individual claim in small claims court in your county of residence or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply, but the rules and limitations of the small claims court shall apply.

EXCLUSIONS AND LIMITATIONS

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE DESCRIBED ABOVE. ATEC DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ATEC WILL NOT BE RESPONSIBLE FOR LOSS OF USE, LOSS OF INFORMATION OR DATA, COMMERCIAL LOSS, LOST REVENUE OR LOST PROFITS, OR OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ATEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES (INCLUDING NEW JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN LIEU OF ANY OTHER REMEDY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER (INCLUDING ATEC’S NEGLIGENCE, ALLEGED DAMAGE, OR DEFECTIVE GOODS, NO MATTER WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT), ATECMAY, AT ITS SOLE OPTION AND IN ITS DISCRETION, REPAIR OR REPLACE YOUR PRODUCT, OR REFUND ITS PURCHASE PRICE. AS NOTED, SOME STATES (INCLUDING, NEW JERSEY) AND PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

HOW THE LAW APPLIES

This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. This warranty applies to the greatest extent permitted by applicable law.

GENERAL

No employee or agent of ATEC may modify this warranty. If any term of this warranty, other than the class action waiver, is found to be unenforceable, that term will be severed from this warranty and all other terms will remain in effect. If the class action waiver is found to be unenforceable, then the entire section titled “Binding Arbitration Agreement; Class Action Waiver” will not apply. This warranty applies to the maximum extent not prohibited by law.

Last revised August 1, 2023.

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