THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES.  PLEASE REVIEW CAREFULLY.  THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRRANTIES AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS.  KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS.  IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN UNUSED PRODUCT.

HIGH RISK ACTIVITY:
Products sold through Phyzex’s dealers, independent websites, catalog sales or otherwise include fitness accessories and training aids for weight training and general purpose fitness activities.  Participation in these activities should be considered activities that require expertise and physical exertion.  They could be considered high risk to some individuals.  Your participation in any of these activities is at your own risk.  You agree to consult with your personal physician and fitness professional before participating in any of these activities.  Read and follow specific warnings and instructions on products and in product literature or inserts.  Save these documents for reference.

ASSUMPTION OF RISK:
By buying Phyzex’s products, you understand and agree that fitness activities of any sort can be high risk activities and, to the extent permitted by law, YOU VOLUNTARILY ASSUME THE RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT OF Phyzex Tech. Inc. including but not limited to equipment malfunction from whatever cause, or any other fault of Phyzex Tech. Inc..  Additionally, you agree to indemnify, defend and hold Phyzex Tech. Inc. harmless from any third party claims arising from such High Risk Activities or any other Phyzex Tech. Inc. product.

LIMITED REPLACEMENT WARRANTY:
Phyzex warrants its products to be free from defects in materials and workmanship for a period of 90 days from the date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse.  Phyzex’s sole liability is limited to repairing or replacing products that are returned prepaid to Phyzex Tech. Inc. within this 90-day period.  See our Return and Exchange Policy  on our website for more information.

WARRANTY DISCLAIMER:
THE ABOVE STATED WARRRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABLITIES OF PHYZEX TECH. INC.  PHYZEX NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS RETAILERS, INDEPENDENT INTERNET SITES, CATALOG OR OTHERWISE.  THE ABOVE LIMITED WARRANTES SHALL NOT APPLY TO ANY PRODUCT WHICH HAS BEEN SUBJECT TO ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, OR MISUSE.  THE TERM “ORIGINAL PURCHASER” AS USED IN THIS WARRANTY MEANS TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE.  THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF CANADA.

LIMITATION OF LIABILITY:
As set forth above under the limited warranty provisions, Phyzex’s liability is limited to repair or replacement of its products which are returned to Phyzex prepaid in the specified period of time.  In no event shall Phyzex’s liability exceed the value of the products sold.  Phyzex shall not be liable for any special or consequential damages that result from the use of any product sold through any of its distribution channels.  Applicable law may not allow the limitation or exclusion of liability of special or consequential damages so the above limitation or exclusion may not apply to your purchase, but it is intended to be the maximum limitation as permitted by law.

WARNING:
Use and misuse of products sold through any of Phyzex’s distribution channels, involves serious risks, including injury, disability and death.  Purchasers, users and participants assume all risk of injury.  Phyzex cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through any of Harbinger’s distribution channels, or otherwise.

GENERAL DISCLAIMER:
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction.  We regret, but are not liable for such errors.  Phyzex reserves the right to reject any orders placed for a product listed at an incorrect price. 

APPLICABLE LAW AND ARBITRATION:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Phyzex and Customer shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods.  Phyzex and Customer consent to the exclusive jurisdiction and the venue of the Provincial Courts of the Province of Ontario, Peel Region, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from Phyzex or its dealers not exceeding $4,500 will be in the small claims division of Peel Region, Ontario, Canada.  Any cause of action or claim you may have with respect to the purchase of Phyzex products or any other claim related to the use of Phyzex products must be commenced within one (1) year after the claim or cause of action arises.  Phyzex’s failure to enforce strict performance of any provision of any of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct nor trade practice shall act to modify any of these terms and conditions.

NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

• The terms and conditions of all sales by Phyzex provide that all disputes between you and Phyzex will be resolved by BINDING ARBITRATION.
• You give up your right to go to court to assert or defend your rights under this contract except for matters that may be taken to the small claims court of Brampton, Ontario, Canada.
• Your rights will be determined by a neutral arbitrator and not by a judge or jury.
• You are entitled to a fair hearing, but arbitration procedures are simpler and more limited than rules applicable in court.
• Arbitrator decisions are as enforceable as any court order and are subject to a very limited review by a court.
• For more details, see “Applicable Law and Arbitration”.

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