Fight Gear LLC Legal Terms and Conditions

1. Application. Terms and conditions of Fight Gear LLC govern the sale of products, including but not limited to Fight Gear LLC customers (“Customer”). Acceptance by Customer of the products provided by Fight Gear LLC constitutes an express acceptance of these terms and conditions and a repudiation of any other inconsistent terms or conditions. Terms or conditions contained in any of Fight Gear LLC documents, including but not limited to orders and acknowledgments, that alter, differ from, or add to the terms and conditions herein shall not be accepted by Fight Gear LLC and such terms and conditions shall not constitute part of any agreement between the parties. Full details of terms and conditions will be made available to the customer upon request. 
2. Prices. Prices, Payment Terms. Unless otherwise agreed by Fight Gear LLC  in writing, all prices charged shall be calculated on the basis of the Fight Gear LLC Price List. The prices for the products do not include transportation and insurance costs, special packaging and labeling requirements, nor any taxes relating in any way to the products, each of which shall be borne by Customer. Fight Gear LLC may change its prices at any time without prior notice to Customers. Payment by cash or credit card is due at time of order. Customer agrees that a monthly administrative and finance charge of 1.5% of any outstanding account balance, but not in excess of the lawful maximum, will be charged to Customer for any account having a balance remaining unpaid after 10 days of the due date. Customer agrees to pay Fight Gear LLC’s costs of collection, including attorneys’ fees, incurred in connection with the collection of any past due amounts.
3. Delivery.. Delivery of products shall be made F.O.B. Fight Gear LLC's logistics partner facilities. Customer shall not have the right to reject a late delivery of products.
4. Limited Warranty. Notification of Breach
   1. Limited Warranty. Fight Gear LLC warrants that any products distributed by it shall be free from manufacturing defects under normal use and conditions for a period of 30 DAYS from the time of delivery or for such lesser period as the product manufacturer warrants its products. Other than as expressly set forth above, Fight Gear LLC makes no warranties regarding the products provided hereunder, either expressed or implied, including, without limitation, warranties as to merchantability and fitness for a particular purpose. Fight Gear LLC specifically makes no warranties as to the suitability of the products for any particular purpose or application regardless of whether for customer or affiliates of customer and regardless of whether Fight Gear LLC knows of or had reason to know of any such particular purpose or application.
   2. Notification of Breach. In the event that a manufacturing defect is discovered and reported to Fight Gear LLC in writing, Fight Gear LLC will, at its sole option, repair the defect, replace the defective product, or refund to Customer the price paid for such product. Fight Gear LLC’s obligation shall be limited to such repair, replacement, or refund. The Obligations of Fight Gear LLC under this limited warranty are the exclusive remedies for any breach of the warranty of products. Upon the discovery of facts which reasonably indicate that Fight Gear LLC has failed to perform its obligations or has negligently or otherwise breached a legal duty to Customer, Customer shall notify Fight Gear LLC of such in writing immediately upon discovery. The failure to give Fight Gear LLC the forgoing notice shall constitute an irrevocable waiver of all claims and causes of action which Customer may have against Fight Gear LLC and shall cause Customer to be barred from initiating any proceeding or action based upon such claims or causes of action. In no event shall Customer bring any action more than one year after the cause of action was discovered or could have been discovered
5. Limitation of Damages. Fight Gear LLC is not liable for special, incidental, or consequential damages, for personal injuries, property damages, or lost profits, in connection with or arising out of any action, inaction, negligence, or strict liability of Fight Gear LLC relating in any way to the products or use of the products it provides even if Fight Gear LLC has been advised of the possibility of such potential loss or damage.
6. Damaged Products. Customer shall inspect all products promptly upon receipt and shall document on the bill of lading any damage noted in the inspection. Although Fight Gear LLC assumes no liability for products damaged during transit, it will help Customer as much as reasonably possible to recover any such damages from the carrier.
7. Use of Goods. Customer agrees to use the products in a safe manner and in accordance with any instructions supplied to Customer by Fight Gear LLC. (see General Use Tips)
8. Indemnification... Customer shall indemnify and hold Fight Gear LLC harmless from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, attorneys’ fees) imposed upon or incurred by or asserted against Fight Gear LLC that arise out of or are related to Customer’s possession or use of Fight Gear LLC’s products which are not the direct result of a proven breach of any warranty by Fight Gear LLC. Customer shall defend, at its sole cost and expense, any action brought against Fight Gear LLC as a result of any personal injury or property damage, and shall indemnify Fight Gear LLC for all costs (including attorneys’ fees and expenses) incurred by Fight Gear LLC in defending any such claims or establishing its right to indemnification herein.
9. Performance Impossible. Neither party shall be liable for failure or delay in performing under these Standard Terms and Conditions that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or omissions, labor strikes, lockouts or other disturbances, war, riot, or difficulties in procuring labor or materials.
10. Notices. Any notice, request, or demand required or desired to be given by one party to the other must be in writing and will be deemed sufficient and completed by delivery of the same personally or by mailing the same registered or certified mail, return receipt requested, directed to the mailing address on the face side of these Standard Terms and Conditions or such other address as may be provided in writing to the other party.
11. Governing Law and Jurisdiction.
    1. Governing Law. The validity, construction, and interpretation of these Standard Terms and Conditions and all rights and duties of Fight Gear LLC and Customer arising hereunder shall be governed by the substantive laws of the Commonwealth of Virginia (without giving effect to the conflicts of laws principle thereof).
    2. Jurisdiction. Customer hereby irrevocably submits to the nonexclusive jurisdiction of any Virginia state court, or any U.S. federal court located in the Commonwealth of Virginia in any action or proceeding arising out of or relating to the relationship between Fight Gear LLC and Customer, and Customer hereby irrevocably agrees that all claims in respect of such action or proceeding may be heard and determined in such court or courts. Nothing herein shall affect the right of Fight Gear LLC to bring any action or proceeding against Customer or its property or assets in the courts of any other jurisdictions. Customer hereby waives trial by jury in any judicial proceeding involving, directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with these standard terms and conditions.
12. Warning. Use of products may require strenuous exercise and may lead to serious injury or death. Before using products, consult with a physician to determine your level of fitness. Do not use if injured, ill or fatigued. User assumes all risks of injury.

• A Return and Refund policy usually consists 
• Terms of return (i.e. number of 
• State of return (e.g. 
• Reason for return (e.g. damaged or wrong 
• Process for return (i.e. how to initiate a return, how to contact customer 

Process of refund (i.e. terms of refund, duration, payment