BENZA SPORT INC. Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL SALES. PLEASE READ & REVIEW CAREFULLY. THESE TERMS AND CONDITIONS INCLUDE LIMITED WARRANTIES, AND DISCLAIMERS OF LIABILITY AND ARBITRATION PROVISIONS. KEEPING AND USING YOUR PRODUCT INDICATES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, YOU HAVE 14 DAYS FROM DATE OF PURCHASE TO RETURN THE UNUSED PRODUCT.
HIGH RISK ACTIVITY
Products sold through the BENZA SPORTS website, catalog or otherwise, include equipment and gear for martial arts, weight training, boxing, fitness, fencing and demonstration. Participation in any of these activities should be considered a high-risk sports activity. Your participation in any of these activities is at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. Read and follow specific warnings and instructions on products and in product literature or inserts. Save these documents for reference.
MARTIAL ARTS WEAPONS: WARNING
Products sold under the Weapons category on the BENZA SPORTS website or catalog are intended for demonstration or display as a collection item only. Use and misuse of Martial Arts weapons involves serious risks, including injury, disability and death. Weapons are sold only for training under expert supervision, for demonstration of forms, collection or display. Inspect weapons before each use to ensure they are in proper condition. If any unsafe condition is observed, do not use the product. Do not use weapons for sparring or contact. Sales of certain items are governed by local, province, federal and international law. It is the buyer’s responsibility to check all applicable law concerning use, ownership, legal age and possession of any product offered by BENZA SPORTS Inc. By purchasing any item, the buyer warrants compliance with all local, state, federal and international law, and that the buyer is legally able to purchase and sell all items being purchased from the BENZA SPORTS website or catalog. BENZA SPORTS disclaims any and all liability related to improper, illegal, unintended use or modification of weapons sold through the website or catalog. The purchaser, user or participant assumes all risk of injury from any use. No weapons are sold to anyone under 18 years of age without parental consent. Some weapons may be prohibited in your area. Please check province statutes and local ordinances before ordering.
ASSUMPTION OF THE RISK
By buying BENZA SPORTS products, you understand and agree that martial arts, boxing, fitness, weight lifting and demonstrations are high risk activities 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 BENZA SPORTS INC including but not limited to equipment malfunction from whatever cause, or any other fault of BENZA SPORTS INC. Additionally, you agree to indemnify, defend and hold Benza Sports harmless from any third party claims arising from such High Risk Activities or Martial Arts Weapons or any other Benza product.
LIMITED REPLACEMENT WARRANTY
Benza Sports Inc. warrants its products to be free from defects in materials and workmanship for a period of 90 days from date of purchase, provided they have not been subjected to obvious abuse, neglect or misuse. BENZA SPORTS sole liability is limited to repairing or replacing products that are returned prepaid to BENZA SPORTS within this 30-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 MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF ALL OTHER OBLIGATIONS AND LIABILITIES OF BENZA SPORTS INC. BENZA SPORTS INC NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT, ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OF PRODUCTS FROM ITS WEBSITE, CATALOG OR OTHERWISE. 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, Benza Sports Inc 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 Benza Sports Inc liability exceed the value of the products sold. Benza Sports Inc shall not be liable for any special or consequential damages that result from the use of any product sold through this website or through its catalog. 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 the Benza Sports Inc website, catalog or otherwise, involves serious risks including injury, disability and death. Purchasers, users and participants assume all risk of injury. Benza Sports Inc cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through the Benza Sports website, catalog or otherwise.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Benza Sports Inc 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 this website or from the Benza Sports catalog shall be governed in all respects by the laws of the Province of Ontario, CANADA. without its choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. The Province of Ontario’s law governing “Sales,” as found in Title 12A of the Ontario Statutes has specific application to goods sold by Benza to you, subject to disclaimers and limitations of liability set forth herein. You agree that jurisdiction and venue in any proceeding directly or indirectly arising out of or relating to the purchase of goods from Benza Sports Inc not exceeding $4500.00 will be in the small claims division of District Court of Toronto, Ontario. You agree that any dispute or controversy arising out of or relating to the purchase of goods from Benza Sports Inc exceeding $4500.00 shall be resolved exclusively and finally by arbitration subject to the provisions of the Uniform Arbitration Act as enacted in Ontario, as found in the Ontario statutes at Title 12. Such arbitration shall occur in Ontario, Ontario 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 Benza Sports Inc products or any other claim related to the use of the website or catalog must be commenced within one (1) year after the claim or cause of action arises. Benza Sports Inc 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.
THE NOTICE OF DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
Terms and conditions of all sales by BENZA Sports Inc. Provide that all disputes between you and BENZA Sports 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 Toronto, Ontario.
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.