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 ARBITRATION PROVISIONS. KEEPING, USING, OR ALLOWING USE OF THIS 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.
Aku Strike as used herein means DKZ products LLC. of the state of New Jersey and any and all of its affiliates and/or subsidiaries and/or business agents, representatives and employees.
HIGH RISK ACTIVITY
Products sold by Aku Strike include equipment and gear used in but not limited boxing, martial arts, mixed martial arts, fitness, weight training, kick-boxing, and demonstration. Participation in any of activities is a high-risk sports activity. You participate in any of these activities at your own risk. You agree to consult with your personal physician before participating in any of these high-risk activities. 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 Aku Strike products, you understand and agree that boxing, martial arts, mixed martial arts, kick-boxing, and demonstration 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 Aku Strike including but not limited to equipment malfunction from whatever cause, or any other fault of Aku Strike. Additionally, you agree to indemnify, defend and hold Aku Strike harmless from any third party claims arising from such High Risk Activities or any other Aku Strike product.
DUTY OF COACHES, TRAINERS, GYMS TO INFORM OTHERS OF THESE TERMS AND CONDITIONS
Before you allow others to use a Aku Strike product you agree that you will (a) require that they read, 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 Aku Strike harmless from any claims made by them arising from their use of Aku Strike products.
Aku Strike 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. Aku Strike’s sole liability is limited to repairing or replacing products that are returned within this 90-day period, unless specific product literature specifies otherwise. Please read safety first at bottom of page before purchasing.
LIMITATION OF LIABILITY
As set forth above under the limited warranty provisions, Aku Strike’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 Aku Strike’s liability exceed the value of the products sold. Aku Strike shall not be liable for any special or consequential damages that result from the use of any product sold through its websites, catalogs, dealers, retailers, schools 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. It is intended to be the maximum limitation as permitted by law. IN NO EVENT SHALL AKU STRIKES AGGREATE LIABILITY TO DEALER, SCHOOL, RETAILER CONSUMER ETC IN CONNECTION WITH ANY PRODUCT PURCHASED EXCEED THE AMOUNTS PAID FOR THE PRODUCT.
Use and misuse of products sold through Aku Strike’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments, involves serious risks including injury, disability and or death. Purchasers, users and participants assume all risk of injury. Aku Strike cannot and will not be responsible for the misuse or unauthorized and improper use of products sold through Aku Strike’s websites, catalogs, or otherwise, including but not limited to its retail showroom or tournaments. Please read SAFETY FIRST on bottom of our web page before purchasing.
INSPECT BEFORE EACH USE
This product and all accessories must be inspected for use to ensure it has not damaged in shipment. If damaged, do not use and immediately return the product to Aku Strike for a replacement.
A physical and visual inspection is required before during and concluding interaction with the Aku Strike and any accessories. All mounting hardware and straps must be inspected for wear, deformations, cracks, stress damage, fraying, tears and or cuts and abrasions.
If damaged, do not use and immediately notify Aku Strike.
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. Aku Strike 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.
Disclaimer of Consequential Damages
AKU STRIKE SHALL NOT BE HELD LIABLE TO RETAILER, SCHOOL, CONSUMER, ETC FOR ANY INDIRECT, SPECIAL OR CONSEQUENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST GOODWILL OR LOSS OF BUSINESS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AKU STRIKE SHALL NOT BE BOUND BY OR LIABLE FOR ANY REPRESENTATIONS OR WARRANTIES, WEATHER WRITTEN OR ORAL, RESPECTNG PRODUCTS MADE BY US OR ITS AGENTS, EMPLOYEES OR REPRESENTATIVES.
Limitation of liability. IN NO EVENT SHALL AKU STRIKES AGGREATE LIABILITY TO DEALER, SCHOOL, RETAILER CONSUMER ETC IN CONNECTION WITH ANY PRODUCT PURCHASED EXCEED THE AMOUNTS PAID BY THE RETAILER FOR SUCH PRODUCT.
(Retailer, dealer, school, consumer) etc, shall, to the fullest extent of the permitted by law, indemnify and hold Aku Strike harmless from and against all claims, demands, damages, costs, charges, expenses, actions, losses, and liabilities of any kind, including but not limited to reasonable attorney’s fees and court costs arising out of or relating to (a) any breach by retailer of any of these terms and conditions, (b) any warranty or representations made by retailer, school, dealer, respecting any of the products, and (c) any other acts or omissions of retailer, its employees, agents or representatives. If a dispute arises between you and Aku Strike, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to being settled by binding arbitration.