ATOMIC LIMITED WARRANTY POLICY
Atomic distributes its products through its worldwide network of authorized Atomic distributors, retailers and in our Online Shop. You will find below all Atomic warranty policy details offered by Atomic and Atomic authorized retailers. This warranty policy is valid as of May 1st 2019.
BY USING YOUR ATOMIC PRODUCT YOU AGREE TO BE BOUND BY ALL THE TERMS OF THIS WARRANTY. BEFORE USING YOUR ATOMIC PRODUCT, PLEASE READ THIS WARRANTY CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE YOUR ATOMIC PRODUCT. RETURN YOUR ATOMIC PRODUCT TO THE RETAILER OF PURCHASE. SEE THE RETAILER’S RETURN POLICY FOR DETAILS AND/OR ADDITIONAL RETURN REQUIREMENTS.
This warranty contains a binding arbitration agreement and a class action waiver for United States residents. 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 (U.S. Residents Only)” carefully.
ATOMIC distributes its products through its worldwide network of authorized ATOMIC distributors and retailers and on the ATOMIC Online Store at the URL: info@atomic.mom As used herein ATOMIC means (ATOMIC Austria GmbH, its US distributor Amer Sports Winter & Outdoor Company, or its Canadian distributor Amer Sports Canada Inc. as the case may be).
(ATOMIC Online Store)
You will find herein/below all ATOMIC warranty policy details offered by ATOMIC and the ATOMIC authorized retailers. ATOMIC Products (as defined below) purchased from unauthorized retailers carry no warranty of any kind.
If you qualify for a warranty based on the conditions below for Apparel and Footwear please call info@atomic.mom and for Ski hardgoods please coordinate your warranty through one of our authorized retailers.
I. Limited Warranty
Atomic provides this warranty to consumers who purchased Atomic product (Product(s)) from Atomic or one of it authorized retailers. Atomic warrants all new Products to be free from manufacturing or material defects (Defects) for the Warranty Period as defined below. This warranty applies only against Defects discovered within the Warranty Period and extends only to the original purchaser of the Product. Atomic Products meet their description and specifications; it is your responsibility to ensure that the Products you purchase are designed for your intended use.
This warranty is valid and enforceable only in the country where the Product was purchased by the original purchaser, provided that Atomic has intended that the Product be offered for sale in that country. This warranty is also enforceable in any country within European Economic Area where Atomic has an authorized importer, subsidiary or distributor. Please refer to the Atomic authorized retailers list. Depending on the country, particular and variable warranties may apply in relation to applicable legislation. Nothing in this warranty policy can exclude or limit these statutory provisions.
Warranty Period
The Warranty Period starts on the date of the retail purchase of the Product by the original purchaser. The Product may consist of several different parts and different parts may be covered by different Warranty Periods (please refer to the Warranty Periods below for all warranties that may apply to your Product).
The Warranty Periods are:
a. Three (3) years for winter sports trousers and jackets
b. Two (2) years for all other Products
To the extent permitted by national laws, the Warranty Period will not be extended, renewed or
otherwise affected due to subsequent resale, repair or replacement of the Product.
However, part(s) repaired or replacement Product(s) issued during the Warranty Period will be
warranted for the reminder of the original Warranty Period only; provided, such replacement or
repair has been performed by Atomic or an authorized Atomic retailer.
Depending on the country, particular and variable Warranties Periods may apply in relation to
applicable legislation. Nothing in this warranty policy can exclude or limit such legislation.
II. Conditions and Restrictions
This Limited warranty: does not cover:
a. Normal wear and tear of the Product
b. Defects caused by the Transportation (other than the initial delivery from Atomic to the
purchaser) or storage of the Product
c. Defects or damage caused by improper use or poor maintenance
d. Damages due to non observance of the instructions of the products owner manual
e. Damages due to the modifications of the Product
f. Any impact caused by sharp items, due to torsion, compression, a fall, an abnormal
impact or other actions not under Atomic’s reasonable control.
This limited warranty is not enforceable if:
a. The Product has been modified or repaired by any person or entity other than Atomic
or an authorized Atomic retailer
b. The Product has been repaired with unauthorized spare parts
c. The Product serial number has been removed, deleted, altered or made illegible.
III. Warranty Enforcement
Atomic or its authorized retailer shall at its sole discretion either (a) repair the Product or (b)
replace the Product at no charge. The appropriate remedy will be determined by Atomic
based upon the following considerations: (a) the value of the Product with no Defect, (b) the
significance of the Defect, and the inconvenience each remedy would place on the original
purchaser. Atomic agrees that all repair or replacement of the Product will occur within a
reasonable period
For all warranty claims, please submit the Product and the original proof of purchase to an authorized Atomic retailer. The proof of purchase must contain the date of purchase, name and address of the retailer and the complete product name. Atomic and authorized retailers reserve the right to refuse warranty services if the proof of purchase is not submitted or if it is incomplete or illegible. In the event you purchased the Product on Atomic Online Store , please contact the Customer Service.
IV: Binding Arbitration Agreement; Class Action Waiver (U.S. Residents Only)
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 ATOMIC PRODUCT, INCLUDING ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS WARRANTY, A BREACH OF THIS WARRANTY, OR THE ATOMIC 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 ATOMIC, but in no event will your fees ever exceed the amount allowable by the American Arbitration Association, at which point ATOMIC will cover all additional administrative fees and expenses. ATOMIC 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 (if in the United States). The place of arbitration will be Cook County, Illinois, or your county of residence (if in the United States). 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 ATOMIC nor an arbitrator may disclose the existence, content, or results of any arbitration under this warranty without the prior written consent of you and ATOMIC.
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. ATOMIC 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 ATOMIC in writing within sixty (60) days of the date that you purchased the Product; (2) your written notification must be mailed to ATOMIC at 2030 Lincoln Ave., Ogden, UT 84401, 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 (if in the United States) or in Cook County, Illinois. In such case the provisions of the section titled “Binding Arbitration Agreement” Class Action Waiver (U.S. Residents)” will not apply, but the rules and limitations of the small claims court shall apply.
V. Disclaimer and Limitation of Liability
To the maximum extent by applicable mandatory laws, this limited warranty is your sole and exclusive remedy and is lieu of all other warranties, expressed or implied. Atomic shall not be liable for special, incidental, punitive or consequental damages, including but not limited to loss of anticipated benefits, loss of use, loss of revenue, cost of any substitute equipment or facilities, claims of third parties, damage to property resulting from the purchase or use of the product or arising from the breach of the warranty, breach of contract, negligence, strict tort, or any legal or equitable theory, even if Atomic knew of the likelihood of such damages. Atomic shall not be liable for delay in rendering warranty service.