TERMS and CONDITIONS
1. PURCHASE/RENTAL ORDER:
The foregoing Purchase/Rental Order, together with these terms & conditions, and any attachments & exhibits, specifications, instructions and other information, whether physically attached or incorporated by reference (collectively the “Purchase/Rental Order”), constitutes the entire and exclusive agreement between SportInnovations LLC (“SI”) and the customer (the “Customer”) executing the foregoing Purchase/Rental Order with respect to the products ordered thereby. The rental equipment must not be sublead by customer to another individual.
2. USE OF SYSTEM:
The "PROSERIES 3IN1, or previous model „Impulse Line“, leg wraps and all other equipment is designed to ONLY be used while horses are on crosstiesand/or lead ropes. While receiving treatment, horses should NEVER be left unattended. Damages due to negligance are not covered by product warranty.
The SYSTEM may not be used if the units or horses are wet. While the “ProSeries “ SYSTEM is in use, the control unit must not come into contact with water orother liquids. Do not use the system while horse is being exercised or shipped. Non-compliance with this provision, will void any warranty related to a System sold or rented hereunder.
3. TERMINATION OF RENTAL
If the foregoing Purchase/Rental Order relates to a Monthly Rental, the monthly rental Arrangement may be terminated by either SI or Customer at the end of the first month but not later than (5) days written notice being supplied to the other. If a rental is processed and shipped out, a refund of the rental fee and shipping charges is no longer possible. The customer was made aware of final rental charges and has authorized Sport Innovations in wiriting to process his/her credit card prior to shipping out the order.
(a) Termination of rental: Upon termination by Customer, Customer must return/postmarked the SYSTEM to SI within 5 business days of termination of the rental agreemnt. Customer is responsible for any outstanding amounts due to SI at the time of return. If the SYSTEM has not been returned or postmarkedwithin that time period, Customer is responsible to pay a $50 late fee. If the SYSTEM is not returned within 20 days of the termination date, the outstanding balance of the price will be charged to the Customer’s credit card. The cost of the return shipment of the SYSTEM is the obligation of Customer. TheSYSTEM must be in good condition at the time of return, normal wear and tear excepted. Repair charges apply for any negligent damages.
(b) return of purchased new/used rental equipment: after receipt of equipment, customers have 5 days to notify Sport Innovations of a product return or missing items. New product must be returned unused and in original packaging. A restocking fee is determined and charged at the time of new product return. Customers are responsible to pay for the return shipping charges via UPS or Fedex. Product rentals are for a duration of 4 weeks. Once a rental was signed, customer is responsible to pay for a 4 week rental period, and will not receive a credit if equipnent is returned earlier than the official end of rental period.
(c) Sport Innovations does not offer buy backs of equipment. Only trade ins for new equipment is offered.
5. SECURITY DEPOSIT:
If Customer has selected a Monthly Trial Plan, the security deposit will be returned at the end of the Rental /trial term, when the merchandise is returned toSI less the cost of any damage to the SYSTEM, normal wear and tear excepted. If customer has selected to purchase the equipment, the security deposit & rental fees will apply towards purchase price. The security deposit cannot be used as a monthly payment, only in case of purchase will it be deducted from purchase price.
6. RENTAL PAYMENTS:
At the end of the rental period, it is Customer’s responsibility to return, purchase or renew the rental of the therapy equipment. All rental payments will apply towards purchase price if paid consecutively. Only Major credit cards, no debits cards or checks are accepted. Rentals payments apply towards the purchase of the equipment rented.
7. TITLE OF GOODS:
The SYSTEM is and at all times, shall remain the property of SI unless the Customer purchases the SYSTEM pursuant to the terms of this Agreement. Title tothe SYSTEM shall remain in SI’s name until the agreed purchase price thereof is paid in full. Upon final and complete payment being received by SI the titleto said SYSTEM shall, without any further action on the part of SI, be transferred to and vested in the Customer in full.
A monthly payment which is more than ten (10) days late shall incur a late charge of $50.00. Any monthly payments remaining unpaid more than twenty(20) days, may at SI’s option, result in termination of the Agreement and Customer will be charged the outstanding balance of the purchase price if default does occur and SI commences a legal proceeding related thereto.
9. ATTORNEYS’ FEES AND COSTS:
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to all attorneys’ fees, court costs, or other costs in curred and necessary disbursements made, in addition to any other relief to which he, she, they or it may be entitled.
10. WARRANTY, DAMAGE AND REPAIRS:
The „ProSeries“ offers a (2)two year limited warranty from the date of purchase or first day of rental. Customer agrees to properly maintain the SYSTEM at alltimes. Customer will be responsible for repair or replacement costs resulting from damage due to an intentional or negligent act or omission. Any repairs orservice work performed by a party not authorized by SI will void the warranty immediately. Exposure to liquids, glue, sand and other substances is notcovered by warranty. Shipping fees for repairs are Customer’s responsibility if a negligent damage occured. SI is responsible to pay for shipping for malfunctioning equipment during the two (2) two year limited warranty period. All instructions for proper maintenance of system supplied by SI to Customer must be followed for the above-noted warranty to be applicable. To the extent allowed by applicable law, no other warranties are made, either expressed or implied, including the implied warranties of merchantability and fitness for a particular purpose.
11. WAIVER OF LIABILITY INCLUDING NEGLIGENCE
In no event shall SI, be liable for any compensatory, direct, indirect, incidental consequential or punitive damages, loss of income or profit, loss of ordamage to property, or any claims of Customer or other third parties whatsoever with respect to the products offered for rent or for sale herein orpurchased from SI’s website or retail trade, or otherwise including without limitation, any damages that result from any negligence, mistake, omission,or failure of performance, whether or not resulting from an act of god.
12.. LIMITED WARRANTY
SI warrants that the SYSTEM, upon delivery to Customer, will conform to SI specifications therefore and will be free from defects in workmanship andmaterial. If, within two (two) year from the date of shipment of such products, any such products are shown to SI’s, reasonable satisfaction not to be inconformance with this warranty. SI, at its option, will repair or replace such products. Except as noted herein, in no event shall Products be returned toSI without SI’s prior written consent.
Customer agrees to indemnify, defend and hold SI harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related toany violation or alleged violation of the Agreement by Customer, use of the SI website or any claims arising from the use of any product sold hereinincluding, without limitation, any damages that result from any negligence, mistake, omission, or failure of performance, whether or not resulting fromany act of SI, its agents or the use of any product rented or sold herein.
14. LAW GOVERNING AGREEMENT:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
Customer may not assign this Agreement to another party in the event he, she or it has not fully paid for the items purchased pursuant to the Purchase Order or has remaining payments due under a rental arrangement, unless SI consents to such an assignment which consent it may withhold at its absolute discretion.