AGREEMENT TO PURCHASE FROM POWERMAX NUTRITION, LLC
This Agreement between Powermax Nutrition, LLC an Ohio limited liability company, ("Contractor") and you, as named on the purchase order, (“Customer"). Contractor and Customer collectively are referred to as "parties."
In consideration of the covenants and conditions contained in this Agreement, the parties agree as follows:
Section 1. Sale and Delivery
Contractor will sell the goods referenced in the purchase order which is hereby incorporated by reference. If any terms between the purchase order and the Agreement conflict, the terms of this Agreement will apply.
Section 2. Acceptance; Purchase
Customer will pay the purchase order prior to shipment of the goods. Customer warrants that if it is an individual it is at least 18 years of age.
Section 3. Identification of Goods
Identification of the goods will not be deemed to have been made until Contractor determines the goods in question are available and accurately priced. If there is a system defect in the pricing presentation, Contractor can reject the offer to purchase from Customer. Contractor may substitute similar goods if the requested goods are unavailable.
Section 4. Rate and Time of Payment
Customer will make payment for the goods prior to shipment. In the event Customer’s payment is reversed, rejected, or not made but shipment does occur, Customer must immediately make payment in full.
Section 5. Receipt of Goods
The goods will be deemed received by Customer when delivered to Customer.
Section 6. Risk of Loss
The risk of loss for any casualty to the goods, regardless of the cause, will be upon Customer when the goods are placed in transit by the Contractor. Customer is encouraged to seek adequate insurance for the transfer of goods from Contactor to Customer.
Section 7. No Encumbrances
The goods will be supplied by Contractor or a third party manufacturer. Contractor has no knowledge of encumbrances on the goods.
Section 8. No Implied Warranty or Warranty of Fitness for a Particular Purpose
THE GOODS WILL BE SUPPLIED BY CONTRACTOR OR A THIRD PARTY ASSIGNED TO CONTRACTOR’S RIGHTS. THERE IS NO EXPRESS WARRANTY, IMPLIED WARRANTY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY NOT EXPRESSLY PROVIDED. A THIRD PARTY MANUFACTURER HAS CREATED THESE GOODS AND CUSTOMER’S SOLE REMEDY FOR DAMAGE CAUSED BY THE GOODS IS WITH THE MANUFACTURER. CONTRACTOR HAS NOT PROVIDED MEDICAL ADVICE AND IS NOT MEDICALLY LICENSED. NO INFORMATION ON CONTRACTOR’S WEBSITE OR IN ITS GUIDES SHOULD BE INTERPRETED AS MEDICAL ADVICE OR AS A REPLACEMENT FOR PROFESSIONAL MEDICAL ADVICE; THE INFORMATION PROVIDED WAS NOT WRITTEN BY A MEDICAL ORGANIZATION OR A PHYSICIAN. CONTRACTOR STRONGLY SUGGESTS CONSULTING YOUR DOCTOR BEFORE MAKING ANY CHANGES TO YOUR LIFESTYLE OR BEGINNING ANY DIETS. ALL GOODS PURCHASED FROM CONTRACTOR SHOULD ONLY BE TAKEN AFTER APPROVAL FROM YOUR PHYSICIAN. CONTRACTOR IS NOT PRESCRIBING AND HAS NOT PRESCRIBED MEDICAL TREATMENT.
Section 9. Return
Customer may return the goods for a refund, less shipping costs, within 7 days after delivery. A return will only be credited if received by Contractor in unopened packaging and if the tamper resistant seal has not been broken. The failure of Customer to comply with these conditions will constitute irrevocable acceptance of the goods by Customer.
Section 10. Governing Law
The parties acknowledge the transaction which is the subject matter of this Agreement bears a reasonable relation to the State of Ohio and agree that the laws of the State of Ohio will govern their rights and duties of the parties. Both parties hereby irrevocably submit to jurisdiction in the State of Ohio and venue in Hamilton County.
Section 11. Integrated Agreement
The terms of this Agreement are intended by the parties as a final expression of their Agreement with respect to these terms and also as a complete and exclusive statement of the terms. Contractor may assign its rights and delegate its performance in this Agreement.
Section 12. No Oral Modification
This Agreement can only be modified by a written document, signed by both parties. This provision cannot be waived unless in writing, signed by both parties.
Section 13. Legal Fees
In the event Contractor brings any legal action, formal or informal, it may recover attorneys’ fees and costs for bringing such action.
Section 14. General Disclaimer
Statements made by Contractor or in Contractor’s materials have not been evaluated by the Food and Drug Administration (“FDA”). The information is not intended to diagnose, treat, cure, or prevent any disease. These goods have not been demonstrated to be effective adjunctive therapy in the treatment of obesity. There is no substantial evidence that it increases weight loss beyond that resulting from caloric restriction, causes a more attractive or "normal" distribution of fat, or decreases the hunger and discomfort associated with calorie-restricted diets. The information provided by Contractor is for informational purposes only and not as a representation or warranty of performance or effectiveness. You should always consult your physician before taking any dietary supplements or making any changes to your lifestyle. If you are pregnant or nursing, consult a health care professional before using the goods. Do not use any goods if the tamper seal is missing or broken. This Agreement is not intended to benefit any third party.
Section 15. Survival
If any terms or conditions are interpreted as unenforceable the remaining terms of this Agreement will survive and continue in full force and effect.
Acceptance of the Terms
To submit written evidence of your offer to purchase the goods, you can click, mark, or otherwise indicate your agreement through the electronic means provided on the Contractor’s website. Please print a copy of these terms for your records.