9.
EXCEPTIONS. THE LIMITED WARRANTY DOES NOT COVER NORMAL OR REMEDIAL MAINTENANCE REPAIRS, FAILURES DUE TO ACCIDENT OR IMPROPER USE OF THE PRODUCT, OR
DAMAGES OR DEFECTS IN THE PRODUCT CAUSED OR CONTRIBUTED TO BY ANY CAUSE EXTERNAL TO THE PRODUCT.
Any Product misuse, abuse, placement in any application other
than in home use, or alteration, any attempt to repair by a person other than an authorized Torque Fitness Service Center, any improper assembly, accident, or any other condition resulting from
occurrences beyond Our control will void this LIMITED WARRANTY. Since conditions of use over which We have no control may have a significant effect on the Product, We disclaim any
warranty that the Product will conform to any standards and requirements set forth in the United States Occupational Safety and Health Act of 1970 (OSHA), as amended, or the rules and
regulations promulgated thereunder.
10.
NO AMENDMENT. You have purchased the Product subject to the foregoing warranty disclaimer and limitation of remedies, which may be varied only by agreement in writing signed by Our duly
authorized officer. No agent, employee or representative of Us has any authority to bind Us to any affirmation, representation or warranty concerning the Product, except Our authorized officer
who agrees to the same in writing.
11.
PRODUCT SAMPLES. If any sample or model was shown or provided to You, such sample or model was used merely to illustrate the general type and quality of the Product and such use is not
to be construed as a warranty that the actual Product purchased by You conforms to such sample or model.
12.
NON-ASSIGNABILITY. In no event is any affirmation, representation or warranty relating to the Product applicable to anyone other than You, and no other person is entitled to rely thereon. Your
rights with respect to the LIMITED WARRANTY may not be assigned or transferred to any third party and any attempted such assignment or transfer shall be null and void.
13.
INSPECTION. Unless otherwise agreed to in writing by Us, You will inspect the Product immediately after arrival and must notify Us in writing within thirty (30) calendar days after receipt of any
shortages, non-conformance or any other observable defects with respect to the Product. Any shortages, non-conformance or any other observable defects with respect to the Product not
reported by You in writing within such thirty (30) calendar day period shall be forever waived by You and delivery of the Product shall be deemed accepted by You (subject to the Warranty
contained within this Offer).
14.
CHOICE OF LAW. Except as otherwise provided within Section 7, this Offer and all rights and/or obligations associated herewith shall be governed by and construed in accordance with the laws
of the State of Minnesota, including, without limitation, the Minnesota Uniform Commercial Code for the Sale of Goods, to the fullest extent permitted by applicable law.
PURSUANT TO ARTICLE
6 OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES HEREBY EXPRESSLY AGREE THAT THE
UN CONVENTION SHALL NOT APPLY TO THIS OFFER (INCLUDING BUT NOT LIMITED TO ARTICLE 35 OF THE CONVENTION OR ANY SUCCESSOR PROVISION THERETO), THE PRODUCT
SOLD TO YOU OR THE RELATIONSHIP BETWEEN THE PARTIES CONTEMPLATED HEREBY.
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