Warranty

FIRE COLD PLUNGE (“FCP”) Limited Warranty

Limited Warranty Period

This FCP Limited Warranty gives you, the customer, express limited warranty rights from FCP for one year. Additionally, customers have the option to extend the warranty period for an additional fee to enjoy extended coverage beyond the initial one-year period. FCP may offer one year of complimentary limited technical support by phone without a fee. Thereafter, there will be an additional service fee for FCP phone and email support. 

General Terms

This FCP Limited Warranty gives you, the end-user customer, express limited warranty rights from FCP.  To the extent permitted by local law, FCP guarantees that it will repair, replace, or refund, at FCP's option, an FCP Product that manifests a defect in materials or workmanship during the Limited Warranty Period, if you, the end-user customer, provides FCP with notice of a defect in your FCP Product during the Limited Warranty Period. However, please note that cosmetic wear is not covered, and minor variations in size and finish are expected. FCP's obligation under this FCP Limited Warranty, at its option, to repair, replace, or provide a refund for an FCP Product that manifests a defect in materials and workmanship ceases upon the expiration of the Limited Warranty Period.

 

The Limited Warranty Period starts on the date of purchase. Your dated delivery receipt, showing the date of purchase is your proof of the purchase date unless FCP informs you otherwise in writing. You will be required to provide proof of purchase as a condition of receiving warranty service. Warranty service indicated here reflects base level warranty offerings. Enhancements to the base warranty may be included with your FCP Product. 

 

Some states or countries do not allow the following exclusions or limitations, so these exclusions and limitations may be limited in their application to you.

 

FCP MAKES NO OTHER EXPRESS WARRANTY OR CONDITION WHETHER WRITTEN OR ORAL AND, TO THE EXTENT PERMITTED BY LAW, FCP EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS FCP LIMITED WARRANTY. FCP DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS OR THE EXCLUSION OR LIMITATION OF PARTICULAR TYPES OF DAMAGE, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR CONSUMER PRODUCTS. IN SUCH STATES, SOME EXCLUSIONS, DISCLAIMERS OR LIMITATIONS OF THIS FCP LIMITED WARRANTY MAY NOT APPLY TO YOU. TO THE EXTENT THAT THIS FCP LIMITED WARRANTY OR ANY PART OF IT IS INCONSISTENT WITH LOCAL LAW, THIS FCP LIMITED WARRANTY OR THE CORRESPONDING PART SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL LAW.

 

FOR CONSUMER TRANSACTIONS, THE LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS FCP PRODUCT TO YOU.

You are entitled to hardware warranty service according to the terms and conditions of this document if a repair to your FCP Product is required due to the manifestation of a defect in materials and workmanship within the Limited Warranty Period. FCP will, at its option, repair or replace any component or hardware product that manifests a defect in materials or workmanship during the Limited Warranty Period if FCP receives notice from you, the customer, of the manifestation of such a defect during the Limited Warranty Period. Unless otherwise stated, and to the extent permitted by local law, new FCP Products may be manufactured using new materials or new and used materials functionally equivalent to new in performance and reliability. To the extent consistent with local law, (a) FCP Products presented for repair may be replaced by refurbished FCP Products of the same type rather than being repaired; (b) refurbished parts may be used to repair FCP Products; and (c) replaced or repaired FCP Products will be functionally equivalent in performance and reliability to original products that have been discontinued. Unless otherwise expressly required by local law, if these replaced or repaired FCP Products or parts manifest a defect in materials or workmanship (1) during the ninety (90) days following their repair and/or replacement, or (2) during the remainder of the Limited Warranty Period of the FCP Product they are replacing or in which they are installed, FCP warrants that it will again repair or replace these FCP Products or parts.

 

In the unlikely event that your FCP Product has recurring failures or FCP determines it is unable to repair or replace the FCP Product, FCP, at its option, may elect to provide you with (a) a replacement unit selected by FCP that is the same or functionally equivalent to your FCP Product in performance or (b) to give you a refund or credit of your purchase price instead of a replacement. To the extent permitted by local law, this is your exclusive remedy for defective products.

 

Some states do not allow the above exclusion or limitation, so this exclusion and limitation may be limited in its application to you.

 

Disputes arising out of this FCP Limited Warranty or relating to your purchase of the FCP Products subject to this FCP Limited Warranty—whether based on contract, tort, statute, fraud, or any other legal theory—are governed by the law of Texas, without regard to its conflict-of-law principles.

Exclusions

FCP IS NOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS INTENDED FOR THE FCP PRODUCT.

 

This FCP Limited Warranty does not apply to expendable or consumable parts and does not extend to any FCP product that has been damaged or rendered defective as a result of the following:

• Accident, misuse, abuse, improper or inadequate maintenance or calibration;
• External causes;
• Failure to provide an environment that meets FCP requirements as described in the user manual;
• Operation outside the usage parameters stated in the user documentation provided to you;
• Use of parts or supplies not supplied by FCP;
• Improper site preparation, maintenance, or environmental conditions that do not conform to FCP's site specifications;
• Loss or damage in transit;
• Modification or service by anyone other than FCP or an FCP authorized service provider; or
• Improper installation of FCP Product or FCP approved parts if available for your FCP Product in the servicing region.

Exclusive Remedy

TO THE EXTENT ALLOWED BY APPLICABLE LOCAL LAW, THESE TERMS AND CONDITIONS CONSTITUTE THE COMPLETE AND EXCLUSIVE WARRANTY AGREEMENT BETWEEN YOU AND FCP REGARDING THE FCP PRODUCT YOU HAVE PURCHASED. TO THE EXTENT PERMITTED BY LOCAL LAW, THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR AGREEMENTS, ADVERTISEMENTS, OR OTHER REPRESENTATIONS—INCLUDING REPRESENTATIONS MADE IN FCP SALES LITERATURE OR ADVICE GIVEN TO YOU BY FCP, AN AGENT OR EMPLOYEE OF FCP, OR ANY NON-FCP AGENT OR EMPLOYEE—THAT MAY HAVE BEEN MADE IN CONNECTION WITH YOUR PURCHASE OF THE FCP PRODUCT OTHER THAN AS A PART OF A SEPARATE WRITTEN AGREEMENT WITH FCP. No change to the conditions of this FCP Limited Warranty is valid unless it is made in writing and signed by an authorized representative of FCP.

Limitation of Liability

Some states or countries do not allow the exclusion or limitation of implied warranties or the limitation of special, incidental, or consequential damages (set out below), so these limitations and exclusions may be limited in their application to you. THE FOLLOWING LIMITATIONS APPLY TO THE EXTENT PERMITTED BY LOCAL LAW. IN NO EVENT WILL FCP BE LIABLE FOR ANY DAMAGES CAUSED BY THE FCP PRODUCT OR THE FAILURE OF THE FCP PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS, OR LOSS OF USE, OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. FCP IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. FCP IS NOT LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF FCP COMPLYING WITH ITS OBLIGATIONS UNDER LOCAL LAW. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS FCP LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED FCP OR AN AUTHORIZED REPRESENTATIVE OF FCP OF THE POSSIBILITY OF ANY SUCH DAMAGES. THIS LIMITATION OF LIABILITY, HOWEVER, WILL NOT APPLY TO CLAIMS FOR PERSONAL INJURY.

 

THIS FCP LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE. YOU ARE ADVISED TO CONSULT APPLICABLE STATE LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.

TO THE EXTENT PERMITTED BY LAW, FCP'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE PAID FOR THE APPLICABLE PRODUCT, AT FCP'S OPTION.

Customer Responsibilities

In order to avoid the risk of charges for issues not covered by your FCP Limited Warranty (issues that are not due to defects in materials and workmanship on FCP Products), you will be asked to assist FCP or the FCP authorized service provider as follows:

 

• Providing true, accurate, and complete information when filing a warranty claim.
• Cooperating with FCP in resolving the problem using email or telephone.
• If on-site repairs are not feasible, we may arrange for a replacement tub or factory repairs, with you covering removal and installation costs.
• You're responsible for replacement filters.
• While we cover parts under warranty, you'll cover shipping costs.
• Most repairs can be done by you. We'll ship you a new part along with video instructions. If necessary, we'll reimburse up to $10 per hour for approved service providers.
• For minor cracks or leaks requiring simple touch-up, we'll mail you a touch-up kit along with video instructions.

FCP may, at its sole discretion, determine if a defect in an FCP Product can be repaired by a service call at the location of the defective FCP Product. If FCP ultimately determines that an onsite service call is required to repair a defect, the call will be scheduled during standard office hours. Standard office hours are typically 8:00 a.m. to 5:00 p.m. Monday through Friday, but may vary with local business practices. The response time may vary and additional charges may be incurred, depending on travel constraints and distance from the nearest FCP service location or FCP authorized service provider.

 

TO THE EXTENT THAT THE FOLLOWING WARRANTY SERVICES AND TERMS OR ANY PART THEREOF IS INCONSISTENT WITH LOCAL LAW, THE WARRANTY SERVICES AND TERMS OR THE CORRESPONDING PART SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LOCAL LAW.

Contacting FCP

If your FCP Product manifests a defect in materials and workmanship during the Limited Warranty Period, and the suggestions in the product documentation do not solve the problem, you can reach out to us at info@firecoldplunge.com and provide the following info: your name, proof of purchase, dated receipt, item details, and failure description including clear photo or video. Claims must be made within the Limited Warranty Period.