Liability Waiver, Warranty, Installation and Use Warnings

LIMITED WARRANTY

This LIMITED WARRANTY covers defects in workmanship and materials for a period of one year from date of first retail purchase. During the warranty period, The Cold Life will replace or repair, as its sole option, any part of the defective product or the defective product returned to us by its original purchaser. 

This warranty does not cover problems that result from abuse, accident, misuse, or problems with electrical power. It does not cover uses not in accordance with the instruction manual. It does not cover commercial use of the product. It specifically excludes products for which The Cold Life has not received payment. This warranty does not cover damage as a result of poor water chemistry, neglected filter care and replacement, freezing conditions, power outages, lack of attention to low water flow, or any other form of neglect, misuse or abuse. Certain other exclusions apply, as further described below.

Our plunges are hand made here in America. Due to the nature of how our plunges are manufactured and constructed, you may find minor blemishes and imperfections on your product. Our plunges are subject to denting, scratching, etc. and because of these variations, we do not consider these defects. The proper care of your plunge will help prevent scratches, dents or damage to your unit. For outdoor units, some deterioration may happen due to the weather effect in spite of the best of treatments. Since each unit is individually handmade, they will have minor variations in size, shape, and finish. Our designs evolve over time and there may be some variation in angles, elements, etc. compared to what is seen online. Though our team goes to great lengths to ensure high quality products, we do not take responsibility for the natural defects that occur in the hand made process of this plunge.

The water chiller is only covered by the Limited Warranty for a period of one year. The water filter is not covered by the Limited Warranty. Replacement filters are available for purchase, but replacement is entirely the customer’s responsibility. The Cold Life is not responsible in the case a customer may lose or damage plumbing components like O-rings, gaskets, fittings etc. The Cold Life is not responsible for plumbing parts like hoses, fittings and connections unless an The Cold Life authorized technician performs the installation. 

This Limited Warranty does not provide coverage for any items purchased separately, such as filters, Skimmies, The Cold Life Protective Cover, or any other item not included with original plunge purchase.

This Limited Warranty is automatically void if The Cold Life or a designated representative determines that the product has been altered, abused, neglected or in any other way mistreated or used for any other purpose. Customer is responsible for regular maintenance of the product. Any problems or failures arising from failure to provide proper maintenance, water chemistry/balance will void this warranty. Using improper or harsh cleaning agents will also void this warranty. This warranty will be void if the customer uses any replacement parts or accessories not genuine or original to the unit or provided by The Cold Life.

This warranty gives you specific legal rights which may vary from state to state. The Cold Life’s responsibility for defects in materials and workmanship shall be limited to repair and/or replacement as set forth in this warranty. All express and implied warranties, including but not limited to any implied warranties and warranties of merchantability or fitness for a particular purpose are disclaimed. 

We do not accept liability for incidental or consequential damages or for any third-party claims for damages against the retail purchaser of this product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this may not apply to you.

This Limited Warranty is the exclusive warranty given by The Cold Life 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 an event, such warranty is limited to the duration of the warranty periods set forth above. This exclusion applies even if this warranty fails for 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. 

How to Obtain Warranty Service

For service under the Limited Warranty, please contact us at support@thecoldlife.com. Please provide us with the following information: name of purchaser, proof of purchase, dated receipt, item purchased, and details of failure. Claims must be made within the specified warranty period.

Warranty issues are handled via email or over the phone with one of The Cold Life’s technicians. If a repair covered under this warranty is necessary within the applicable warranty period, the part(s) are covered by The Cold Life, but the customer is responsible for any shipping related costs. Most repairs/component replacements can be performed by the customer themselves. In cases where the customer is unable to perform the necessary repairs, The Cold Life, at their discretion, will pay up to $25 per hour for an approved general service provider to perform the necessary repairs. Most repairs can be performed in 2 hours or less. The Cold Life reserves the right to decide what is a reasonable amount of time to be paid for under this Limited Warranty. 

The Cold Life will continue to offer reasonable phone support for issues occurring after expiration of the warranty period as it sees fit in its sole discretion. However, the customer will be 100% responsible for any associated costs such as parts, labor, shipping, etc. after expiration of the applicable warranty period.

The Cold Life reserves the right to determine whether a covered part or item should be replaced or repaired. Any component(s) repaired or replaced under this warranty shall be warrantied for the remainder of the original Limited Warranty time period. If the services of an approved general service provider is required, the customer may be charged for any additional travel fees in the case the customer lives in a rural area.

If on-site repairs are not possible for a repair/replacement covered under this warranty, The Cold Life may, in its discretion, either provide a replacement plunge (of equal value) or have the plunge shipped to/from the factory facility for repairs. The customer will be responsible for any costs associated with shipping and removal of plunge to be repaired/replaced, and installation of replacement/repaired plunge. Any repaired or replaced plunge will be warrantied for the remainder of the original applicable Limited Warranty period.

All repairs must be performed by an approved agent of The Cold Life. Repairs performed by someone not approved by The Cold Life will not be covered under the Limited Warranty. The plunge owner accepts full liability for any repairs provided by someone not approved by The Cold Life.

PRODUCT NOTICE TO CONSUMER

The terms “you” and “your” refer to the buyer and/or user of the The Cold Life LLC (The Cold Life) product associated with this notice. Activities involving the use of this product are inherently dangerous. You are responsible for your own actions and decisions. Before using this product, you must read and understand all instructions for its use, become acquainted with its capabilities and limitations, and understand and accept the risks involved. Failure to heed any of these warnings may result in severe injury or death.

This product has been designed for a specific use or applications. This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.

This product must only be used by competent and responsible persons or those placed under the direct and visual control of a competent and responsible person. You are responsible for your actions, your decisions and your safety and you assume the consequences of the same. If you are not able or not in a position to assume this responsibility, or if you do not fully understand the instructions for use, do not use this product.

 

LIMITATION OF LIABILITY

You expressly acknowledge and agree that The Cold Life shall not be liable for any damages, or any other loss, whether direct, indirect consequential, incidental, or special which you, or any further buyers or users, suffer, arising from any defect, error, fault, or failure to perform with respect to the product, even if The Cold Life has been advised of the possibility of such defect, error, fault, or failure. You acknowledge that The Cold Life has advised you to undertake your own due diligence with respect to the product. 

BUYER RELATED DISCLAIMER

The Cold Life sells products and related accessories only to individuals who can legally purchase and own such items in the particular jurisdiction where they reside. When you order and purchase any product from The Cold Life, you represent that you are of legal age to purchase this product and that this product can be purchased and owned in your state, county, and/or city of residence.

TRADEMARK DISCLAIMER

The Cold Life a registered trademark of The Cold Life. All third-party trademarks (including logos and icons) referenced by The Cold Life on its products remain the property of their respective owners. Unless specifically identified as such, The Cold Life’s use of third-party trademarks does not indicate any relationship, sponsorship, or endorsement between The Cold Life and the owners of these trademarks. Any references by The Cold Life to third party trademarks is to identify the corresponding third-party goods and/or services and shall be considered nominative fair use under the trademark law.

INDEMNIFICATION

Your use of the product is at your own risk. THE PRODUCT IS PROVIDED “AS IS” OR “AS AVAILABLE.” TO THE FULLEST EXTENT ALLOWED BY LAW, The Cold Life MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (OTHER THAN THE LIMITED WARRANTY DESCRIBED HEREIN) WHATSOEVER FOR THE PRODUCT, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND/OR The Cold Life’S NEGLIGENCE. UNDER NO CIRCUMSTANCES WILL The Cold Life BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCT, EVEN IF The Cold Life HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL The Cold Life’S TOTAL LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN CONNECTION WITH YOUR USE OF THE PRODUCT.

You will indemnify, defend, and hold The Cold Life (and the respective employees, directors, members, managers, and representatives of each) and any operator of a The Cold Life property harmless from and against any and all claims, judgments, damages, and expenses (including without limitation reasonable attorneys' fees) arising out of any breach or alleged breach by you of the terms of this Product Notice.

JURISDICTIONAL ISSUES

 Any controversy, claim or dispute arising out of the use of the product shall be settled by arbitration, administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Venue for any arbitration proceeding shall be Atlana, GA (U.S.A.), unless otherwise agreed by the parties or ordered by the arbitrator. The arbitrator shall award attorney’s fees and costs to the prevailing party in any arbitration proceeding.

This Product Notice is governed by and shall be construed in accordance with the laws of the State of Georiga, and the United States of America, without regard to its principles of conflicts of law. To the extent the arbitration provision above is held invalid or unenforceable, the federal and state courts located in the State of Georgia shall have exclusive jurisdiction over any controversy, claim or dispute arising out of this Product Notice or the use of the product, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to said courts.

BINDING AGREEMENT

By accessing and using the product, you agree to be bound by this Product Notice. If you do not agree with this Product Notice, do not continue to use the product.

You acknowledge that you have read, understand, and accept all of the provisions of this document covering the product above described.

Installation Warnings

You are responsible for installing and maintaining the products in a safe manner. That includes but is not limited to the following:

1. You are responsible for complying with your local building codes for installing and using the product.
   2. Install only on a circuit protected by a ground-fault circuit interrupter (GFCI).
   3. Connect plugs only in a dry place, away from water sprinklers, rain or flood prone areas.
   4.Use a dedicated GFI breaker for the product.
   5. A high-voltage connector is in the unit. Be sure to turn off the main power supply prior to cleaning or performing any maintenance on the unit.
   6. Never cut the power plug and replace it yourself. This may lead to serious injury or death. Never open the pump housing or its components unless specified in this User Guide.
   7. Unplug the unit from the power source immediately if it shows any sign of abnormal water leakage.
   8. This appliance should not be used if the plug or receptacle is wet.
   9. Do not operate if the power supply cord, plug or any other parts are damaged.
   10. Close supervision is necessary when used by or near children. This appliance is not a toy. Keep away from children.
   11. To avoid injury, do not contact moving parts.
   12. Never yank on the cord to pull the plug from the outlet.
   13. The chiller plug should not be placed directly on the floor. And no plugs should be placed directly on the floor as there might be water around the product. 

Water Sanitation and Maintenance

You are responsible for maintaining the water clean and safe.
Your cold plunge chiller might come with an ozone generator, a filter and a pump.
It’s recommended that the filter is replaced at least twice per month.
If no chemicals are used, it’s recommended that the water is changed twice per month. For instructions on how to maintain or operate your plunge, please visit our website.

If you want to extend the duration of the clean and clear water you may choose to use the chemicals sold on our website. If you choose to add chemicals, it’s your responsibility to monitor and maintain the chemistry of the water.

Ozone is a gas and can be irritating if inhaled. For maximum safety, install in a place with good ventilation.

WORD OF WARNING: All ozone machines should only be used in unoccupied spaces. Don't let people or pets enter the area until 30 minutes after ozone treatment ends.

OZONE WARNING: Adults and children who breathe high levels of ozone for a short period of time (minutes or hours) can experience eye, nose and throat irritation, shortness of breath, chest pain and coughing.

IMPORTANT!
Some communities have adopted residential barrier codes which may require fencing and/or self-closing gates on the property to prevent unsupervised access to a pool or spa by children under 5 years of age.

Cold Exposure Warnings

IMPORTANT SAFETY INFORMATION

This appliance is not intended for use by persons (including children) with reduced physical, sensory or mental capabilities, or lack of experience and knowledge, unless they have been given supervision or instruction concerning use of the appliance by a person responsible for their safety.

This product is not intended for use by Children under the age of 18.
This product is not intended for use by persons with underlying heart or neurological conditions.
Users should check with their physician before using the cold plunge.
Children should be supervised to ensure that they do not play with the appliance. Cleaning and user maintenance shall not be made by children without supervision.

Important Safety Instructions:
READ AND FOLLOW ALL INSTRUCTIONS CAREFULLY
When installing and using this electrical equipment, basic safety precautions should always be followed, including:
1) WARNING: To reduce the risk of injury, do not permit children to use this product.
2) DANGER: Risk of Accidental Drowning. Extreme caution must be exercised to prevent unauthorized access by children. To avoid accidents, ensure that children cannot use this cold plunge unless they are supervised at all times. Cover the plunge when not in use. This will help to discourage unsupervised children from entering the cold plunge. There is no representation that the cover will prevent access to the cold plunge.
IMPORTANT!
This manual was written to ensure the proper use and installation of any The Cold Lifes Cold Plunge. Any modifications to the procedures outlined may result in your warranty being voided. Please read this manual to avoid injury or any unnecessary damage to your equipment.
3) DANGER: Risk of Electric Shock. Install at least 5 feet (1.5 m), from all other objects, walls and metal surfaces. As an alternative, a cold plunge may be installed within 5 feet (1.5 m) of metal surfaces if each
metal surface is permanently connected (bonded) by a minimum No. 8 AWG solid copper conductor (US) No. 6 AWG stranded (Canada) 8.4 mm (Europe) attached to the wire connector on the equipotential bonding bar which is located on the side of the spa control pack.

4) DANGER: Risk of Electric Shock. Do not permit any electrical appliance, such as
a light, telephone, radio, television, etc. within 5 feet (1.5 m) of the cold plunge. All controls or devices accessible from the spa must be powered by a maximum of 12 vdc. Do not permit any electrical appliances powered by 12 vdc or more within 1.5 m of the cold plunge.
5) ELECTRICAL SUPPLY: The electrical supply for this product must include a suitable circuit breaker GFCI (north America) RCD (Europe) to open all ungrounded supply conductors. The disconnect must be readily accessible and visible to the cold plunge occupant but installed at least 5 feet (1.5 m), from the cold plunge water.
6) WARNING: To Reduce the Risk of Injury:
a) The water in a cold plunge should never be below 37oF.
b) Elderly persons, children, pregnant women and persons suffering from heart disease, diabetes, high or low blood pressure should not use the cold plunge until they consult with their physician.
c) The use of alcohol, drugs, or medication before or during cold plunge use may lead to unconsciousness with the possibility of drowning.
d) Use of the cold plunge should be limited to healthy individuals or under the supervision and approval of a qualified physician.
e) First time users should limit the use of the cold plunge to one minute. Experienced users should limit their sessions to 10 minutes.
f) Do not use while under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, stimulants, hypnotics, narcotics or tranquilizers.
g) Do not use if you have one of the following symptoms: Dizziness, lightheadedness, chest pain, palpitations.
h) Exit the water immediately if uncomfortable, lightheaded, palpitations or dizziness.
i) Persons suffering from obesity or a medical history of heart disease, low or high blood pressure, circulatory system problems, or diabetes should consult a physician before using a cold plunge.
j) Persons using medication should consult a physician before using a cold plunge since some medication may induce drowsiness, while other medication may affect heart rate, blood pressure, and circulation.

WARNINGS! SAVE THESE INSTRUCTIONS WARNING: Children should not use cold plunges. WARNING: To avoid injury, exercise care when entering or exiting the cold plunge.
WARNING: Do not use drugs or alcohol before or during the use of a cold plunge to avoid unconsciousness and possible drowning.

WARNING: Pregnant or possibly pregnant women should consult a physician before using a cold.
WARNING: Before entering the cold plunge, measure the water temperature with an accurate thermometer.

WARNING: Do not use a cold plunge immediately following strenuous exercise. Read and Follow All Instructions

It is important to inform occasional users of the spa about the DANGERS, WARNINGS, and CAUTIONS listed in this manual before they use the spa.
CAUTION! Indicates a situation in which damage to equipment or mate- rial may occur. DANGER! Indicates risk of injury.

WARNING! Indicates information of critical importance.

WARNING! The use of alcohol or drugs can greatly increase the risk of fatal hypothermia in cold plunges or spas.
Prolonged immersion in cold water may induce hypothermia.
Hypothermia is a medical emergency caused by prolonged exposure to very cold temperatures and the body loses heat faster than it can produce it. Normal body temperature is about 98.6°F/37°C. When body temperatures drop below 95°F/35°C it is considered hypothermia. Fetal damage in pregnant women; and Unconsciousness and danger of drowning.

WARNING: Prolonged immersion in a cold plunge may be injurious to your health.

WARNING: Do not permit electric appliances (such as light, telephone, radio, television, etc.) within 5 feet (1.5m) of this cold plunge.
CAUTION: Maintain water chemistry in accordance with manufacturer’s instructions. WARNING: The use of alcohol or drugs can greatly increase the risk of fatal hypothermia in cold plunges.
WARNING: People using medications and / or having an adverse medical history should consult a physician before using a spa or cold plunge.

 NO WARRANTY

The Cold Life LLC (The Cold Life) makes no warranty (other than the limited warranty described herein), representation, or guarantee regarding the information contained herein or the suitability of its product for any particular purpose, nor does The Cold Life assume any liability whatsoever arising out of the application or use of its product or related accessory. The Cold Life makes no claims, representations or guarantees whether express or implied, as to the safety, reliability, durability, and performance of the product. The products sold by The Cold Life have been subject to limited testing and should not be used in conjunction with mission critical equipment or applications. Any performance specifications are believed to be reliable but are not verified and you must conduct and complete all tests on his or her own.

The product is sold as is without any warranty, either expressed or implied (other than the limited warranty described herein). You will bear the entire expense of repairing or correcting any defects that may presently exist or that may occur in the product. Any dealer selling the product shall not have any responsibility for consequential damages, damages to property, damages for loss of use, loss of time, loss of profits or income, or any other incidental damages with respect to any defect or malfunction or unfitness or other deficiency of this product. The Cold Life and the dealer make no warranties, representation, or assurances that the product contains only original manufacturer installed or manufacturer rebuilt components, parts, or accessories.