TERMS & CONDITIONS OF SALE
All products offered by Skyhook Fitness INC. (“Skyhook” or the “Company”) are sold and provided to you subject to the following terms and conditions. The terms and conditions set forth below are fundamental elements of the basis of the agreement between Skyhook and you (the “Buyer”). Buyer understands and agrees that Skyhook fills Buyer’s order(s) subject to the following terms and conditions and that Skyhook would not provide any product(s) to Buyer without Buyer’s agreement to these terms. By ordering and accepting any product(s) from Skyhook (the “Products”), Buyer irrevocably acknowledges Buyer’s assent to the terms and conditions listed below.
WARNING! CLIMBING, NINJA AND TRAINING FOR CLIMBING ARE HAZARDOUS AND DANGEROUS ACTIVITIES THAT MAY RESULT IN SERIOUS INJURY AND/OR DEATH EVEN WHEN DONE PROPERLY. USE THESE CLIMBING HOLDS AND Skyhook PRODUCTS AT YOUR OWN RISK AND ALWAYS USE COMMON SENSE AND GOOD JUDGMENT. Skyhook EXPLICITLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY DEATH, INJURY, AND/OR DAMAGE TO ANY PERSON OR PROPERTY THAT MAY OCCUR, THAT ARISES OUT OF OR IS IN ANY WAY RELATED TO THE USE OF Skyhook PRODUCTS. BY YOUR PURCHASE AND USE OF Skyhook PRODUCTS, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY, AND YOU ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ALL DAMAGES OF ANY KIND, INCLUDING ANY DEATH, INJURY, AND/OR DAMAGE TO ANY PERSON OR PROPERTY, THAT ARISE OUT OF OR ARE IN ANY WAY RELATED TO YOUR USE OF Skyhook PRODUCTS.
1a. PAYMENTS & PRICING. ALL RETAIL PAYMENTS ARE DUE UPON CONFIRMATION OF ORDER unless otherwise agreed to by Skyhook, and all initial orders must be paid in advance.
1b. DISCOUNTS. If a discount is used or has been mistakenly applied to any order, the order will be canceled and refunded. Skyhook reserves the right to cancel any order at any time.
2. OVER-DUE ACCOUNTS; TITLE. A $25.00 late fee PLUS LOSS OF DISCOUNT will be assessed once an account is overdue. If the account remains overdue for more than fifteen (15) days, a 2.0% finance charge will be assessed monthly on all past due accounts (24% annually). A $50.00 fee will be charged for all returned checks. All overdue accounts shall lose any discounts if any payment is not received when due. Skyhook, at its sole discretion, may refuse to ship any Products, on any basis, to past due accounts. Legal title to all Products sold remains with Skyhook until the Products are paid in full by Buyer. Buyer agrees that Skyhook retains a security interest in all Products sold on credit until such Products are paid in full. In the event any action is begun by Skyhook to collect on any past due to account, including but not limited to retaining an attorney, turning the account over to a collection agency, repossession, litigation, etc., Buyer shall be responsible for and shall pay Skyhook all costs of collection and fees incurred by Skyhook and/or its assigns, including, without limitation, all reasonable attorney fees, and court costs. In the event of Buyer’s bankruptcy or similar proceedings, costs of collection shall include all costs and attorneys' fees incurred in connection with such proceedings, including the fees of Buyer’s counsel for attendance at meetings of creditors or other committees.
3a. ORDERS; SHIPPING. Skyhook will use its best efforts to try and fill all orders. However, specific Products may become unavailable, and in such case, Skyhook reserves the right to fill the order with a similar product of equal or greater valued hold. Skyhook reserves the right to cancel any order and ban any IP addresses from our system. Skyhook will not be responsible for any Product shipping discrepancy reported more than fourteen (14) days after Buyer has received the Product(s). The method of shipment of Skyhook Products is usually decided by the Buyer at checkout. Skyhook ships through UPS, USPS, LTL, and other domestic and/or international shipping companies. Please note that international orders (i.e., orders shipped to an address outside of the U.S.) may incur duty, import taxes, customs charges, and/or other fees. Skyhook does not quote, nor is Skyhook responsible for these fees. Any and all fees on international orders are the sole responsibility of the Buyer. Also, international orders are not eligible for any refund. We suggest using UPS as an international shipper.
4b. Re-shipping. In the event, your order is returned to us, we will contact you to re-ship. You may be required to pay for shipping a second time.
5a. RETURNS. Skyhook Does not offer returns on products.
6. LIMITED WARRANTY. Unless otherwise stated in writing, Skyhook Products are not covered by a limited lifetime warranty against breakage to the original Buyer. This limited warranty against breakage only covers defects in materials and workmanship in the Products. Color fading on the Products over time is normal and is excluded from this limited warranty. MODIFYING ANY Product AND/OR DAMAGE TO ANY Products THAT ARISES FROM OR IS RELATED TO NORMAL USE AND WEAR, ABUSE, OR ACCIDENTS; MODIFICATION; IMPROPER PREPARATION, INSTALLATION OR USE; IMPROPER CLEANING; FAILURE TO FOLLOW ANY RELEVANT INSTRUCTIONS; AND/OR THE LIKE IS NOT COVERED BY THIS LIMITED WARRANTY AND COMPLETELY VOIDS THIS LIMITED WARRANTY.
Other than as described above, Skyhook MAKES NO OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND/OR WORKMANSHIP OF ANY Products TO THE BUYER OR TO ANY OTHER PERSON WHATSOEVER. Skyhook EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), AND PRODUCT LIABILITY OR OTHERWISE, EVEN IF Skyhook OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER AGREES THAT ITS FULL REMEDY AGAINST Skyhook FOR ANY LIABILITY, CLAIMS, OR DAMAGES, SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT, AND at this moment IRREVOCABLE WAIVES ALL CLAIMS FOR ANY OTHER DAMAGES THAT BUYER MAY HAVE.
7a. WARRANTY CLAIMS. In the event Buyer desires to return any Products that Buyer believes to be covered by Skyhook’s limited warranty, the Buyer shall email the photos to Cody@Skyhookfitness.com, with a description of the issue and how it occurred. If Skyhook determines that there is a warranty issue, Skyhook may either replace the Products or refund or credit the Buyer’s account at Skyhook’s sole discretion. Skyhook reserves the right to make all warranty determinations, which may include but are not limited to repair, replacement, refund, or credit for the Product at issue at Skyhook’s sole discretion.
7b. COLOR WARRANTY. In the event Buyer purchases a color they do not want or mistakenly ordered the wrong color, the Buyer shall return the product at their own expense and place a new separate order should they still wish to receive the product. Skyhook does not do exchanges.
7c. CUSTOM COLORS. Skyhook's standard colors are Assorted Bright ( red, blue, green, yellow, orange ). Solid colored sets and orders and Custom Color Combinations are considered CUSTOM and are ineligible for returns, refunds, or account credit.
8. BUYER REPRESENTATIONS. Buyer represents and warrants that: (a) Buyer is solely responsible for determining whether the Products are suitable for Buyer’s use and site and for the conditions onsite where the Products will be used; (b) Buyer and/or Buyer’s representatives and/or agents are solely responsible for knowing and performing the proper installation and use of the Products, and for ensuring that all installation and use of the Products is performed properly and in accordance with all relevant Instructions; (c) Buyer and/or Buyer’s representatives and/or agents shall have final approval and assume all responsibility for all such installation and use. Skyhook at this moment explicitly disclaims all responsibility for any claims, damages, or loss related to or arising from such installation and/or use. BUYER at this moment RELEASES AND HOLDS Skyhook HARMLESS FROM ANY INJURY Skyhook SUFFERS THAT ARISES FROM OR IS RELATED TO, OR WHICH OCCURS AS A RESULT OF, BUYER’S BREACH OF THESE REPRESENTATIONS AND WARRANTIES. BUYER HEREBY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND Skyhook, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY FEES AND COURT COSTS, ARISING OUT OF ANY CLAIMS OR SUITS FOR DAMAGE OR INJURY TO ANY PERSON OR PROPERTY BASED IN WHOLE OR IN PART ON, ARISING OUT OF OR RELATED IN ANY WAY TO, THE BUYER’S BREACH OF THESE REPRESENTATIONS AND WARRANTIES.
BUYER ACKNOWLEDGES THAT Skyhook HAS SET ITS FEES AND SOLD ITS Products TO BUYER IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
9. LAW, JURISDICTION & VENUE. These Terms and Conditions of Sale shall be governed by and enforced in accordance with, the domestic laws of Oregon without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than Oregon, irrespective of the fact that anyone of the parties now is or may become a resident of a different state or nation. All disputes arising out of or in connection with the Products, if not resolved between the parties within thirty (30) days of notification of such dispute shall be mediated within ninety (90) days of either party’s notice to the other to participate in mediation before a mediator in Portland Oregon. If mediation is unsuccessful in resolving the dispute, either party may begin litigation. Each of the parties submits to the exclusive jurisdiction of any appropriate state or federal court sitting in Portland Oregon, in any action or proceeding arising out of or relating to the Products provided by Skyhook and agrees that all claims in respect of the action or proceeding shall be heard and determined in any such court. Each of the parties hereby waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party with respect thereto. If any provision of this Agreement is held to be invalid or unenforceable under any applicable statute or rule of law, then the affected provision shall be curtailed and limited only to the minimum extent necessary to bring said provision within the legal requirements and this Agreement as so modified shall continue in full force and effect.
MODIFICATION. Skyhook reserves the right to modify, without notice, these Terms, and Conditions, as well as all prices, Products. Possession of the price list does not automatically entitle the Buyer to the Products or prices set forth therein.
