TNT BREAKING SOLUTIONS LLC TERMS AND CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES AND USES. PLEASE REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATIONO PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS PRODUCT INDICATES YOUR AGREEMENT TO THE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
“TNT Breaking Solutions LLC” as used herein means TNT Breaking Solutions LLC and any of its affiliates and business partners.
HIGH RISK ACTIVITY
Products sold by TNT Breaking Solutions LLC include equipment and gear used for Board Breaking. Participation in this activity is a high-risk sport activity. You participate in this activity at your own risk. You agree to consult with your personal physician before participating in this high-risk activity. Read understand, and follow specific warnings and instructions on products and in product literature or inserts before using the product. Save these documents for reference.
ASSUMPTION OF THE RISK
By buying, using, providing, or allowing the use of TNT Breaking Solutions LLC’s products you understand and agree that breaking boards is a high risk activity and, to the extent permitted by law, YOU EXPRESSLY AND VOLUNTARILY ASSUME THE RISK OF DEATH OR OTHER PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN SUCH ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OR OTHER FAULT of TNT Breaking Solutions LLC including but not limited to equipment malfunction from whatever cause, or any other fault of TNT Breaking Solutions LLC. Additionally, you agree to indemnify, defend and hold TNT Breaking Solutions LLC harmless from any third-party claims arising from such High-Risk Activities or any other TNT Breaking Solutions LLC product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a TNT Breaking Solutions LLC product you agree that a) you will require that they (or their legal guardian if they are minors) read and understand, and agree to these Terms and Conditions of Sale or Use. b) you believe they (or their guardian) understand that they are participating in a high-risk activity and assume the risk of death or other personal injury. and c) you agree to indemnify, defend, and hold TNT Breaking Solutions LLC harmless from any claims made by them arising from their use of TNT Breaking Solutions LLC products.
Limited Replacement Warranty
TNT Breaking Solutions LLC warrants its products to be free from defects in materials and workmanship for a period of 120 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. TNT Breaking Solutions LLC’s sole liability is limited to repairing or replacing products that are returned within this 120-day period, unless specific product literature specifies otherwise.
THE ABOVE STATED WARRANTIES 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 LIABILITIES OF TNT Breaking Solutions LLC. TNT Breaking Solutions LLC NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITES, CATALOGS, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ITS RETAIL SHOWROOM OR TOURNAMENTS. THE ABOVE LIMITED WARRANTIES 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 THE PERSON TO WHOM THE PRODUCT IS ORIGINALLY SOLD AS SHOWN ON THE SALES INVOICE. THESE WARRANTIES SHALL APPLY ONLY WITHIN THE BOUNDARIES OF THE UNITED STATES AND CANADA.
Limitation of Liability
As set forth above under the limited warranty provisions, TNT Breaking Solutions LLC’s liability is limited to repair or replacement of its products which are returned to it prepaid in the specified period of time. In no event shall TNT Breaking Solutions LLC’s liability exceed the value of the products sold. TNT Breaking Solutions LLC shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments. 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.
Use and misuse of products sold through TNT Breaking Solutions LLC’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. TNT Breaking Solutions LLC cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through TNT Breaking Solutions LLC’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments.
Inspect Before each Use
This product must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to TNT Breaking Solutions LLC for a replacement.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. TNT Breaking Solutions LLC reserves the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Applicable Law and Arbitration of Disputes
Your order from TNT Breaking Solutions LLC shall be governed in all respects by the laws of the state of Colorado, U.S. If the amount in controversy does not exceed the amount allowed in the Small Claims Division of the District Court in El Paso County Colorado, you agree that Court has jurisdiction and venue, and you agree to resolve the dispute in that Court. You agree that any dispute or controversy arising out of or relating to the purchase of goods from TNT Breaking Solutions LLC exceeding the amount allowed in the Small Claims Division shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Colorado Part 2 Uniform Arbitration C.R.S. 13-22-201 through 13-22-230, Part 3 Colorado Dispute Resolution Act C.R.S.13-22-301 through 13-22-313,
Part 5 Colorado International Dispute Resolution Act C.R.S.13-22-501 through 13-22-507. Such arbitration shall occur in El Paso County Colorado before a sole arbitrator. Any award rendered in any such arbitration proceeding shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction. Any cause of action or claim you may have with respect to the purchase of TNT Breaking Solutions LLC products or any other claim related to the use of products sold through its websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, must be commenced within one (1) year after the claim or cause of action arises. TNT Breaking Solutions LLC’s failure to enforce strict performance of any provision 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 TNT Breaking Solutions LLC provide that all disputes between you and TNT Breaking Solutions LLC 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 El Paso County, COLORADO. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the 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 VERY LIMITED REVIEW BY A COURT. FOR MORE DETAILS, SEE “APPLICABLE LAW AND ARBITRATION” ABOVE.