Power Egg

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