Commercial Sales Terms & Conditions

Commercial Sales Terms & Conditions

Energetic Fitness Systems®: Commercial Sales Terms & Conditions

 

1. General Terms & Conditions

  • Order Terms: All orders are FOB Warehouse, Bellingham WA. Domestic Washington orders are Will Call Only and subject to state sales tax, unless the purchaser provides appropriate legal Use Tax documentation.
  • Pricing & Charges: Sales Order Total excludes Shipping & Handling, which will be billed separately and must be paid before shipment.
  • International Shipping: Orders outside the Continental USA are packaged for domestic shipment. Additional special packaging required for international transport will be handled by a third party, and all associated costs are the sole responsibility of the purchaser.
  • Importer Responsibilities:  International purchasers must arrange and provide all necessary export documentation and accept full responsibility for any duties, tariffs, taxes, or other charges.
  • Payment Terms:  All prices are in USD, subject to change without notice. Standard payment terms: Prepaid. A 3% Convenience Fee for Credit Card Purchases may be assessed at EFS’ discretion.
  • Order Processing Time: Please allow 6-8 weeks for orders to be shipped or available for Will Call. Delays caused by supply chain interruptions beyond EFS’ control are not grounds for cancellation or refund.
  • Built-to-Order Policy: All units are built to order. ALL SALES ARE FINAL.

Shipping Damage Procedures

Purchaser agrees to the following steps in the event of shipping damage:

1.  Report Damage within 24 hours of delivery.

2.  Provide photos and documentation upon request.

3.  Retain damaged equipment and packaging for inspection.

4.  Fully cooperate with carrier inspection procedures.

5.  EFS will assist with submitting claims but is not responsible for final settlement outcomes.

2.  Commercial/Professional Usage License & Limitations

1. License Restrictions: Ownership of EFS units is limited to licensed Commercial & Professional Use. The Usage License is NON-Transferable.

2. Warranty Limitations: The EFS Limited Warranty is NON-Transferable and covers manufacturer defects only.  Misuse, accidental damage, or unauthorized modifications void warranty coverage.

3. Business and Insurance Compliance: Purchasers utilizing EFS equipment for commercial or professional purposes must maintain an active business license in their registered location and carry appropriate commercial liability insurance. Proof of compliance may be required upon request. Failure to meet these requirements may result in revocation of commercial usage rights and suspension of warranty coverage.

 

3. Certification Requirements:

    • Only Certified EFS Charging Session Technicians are authorized to provide EFS Charging Sessions using EFS equipment. Unauthorized individuals shall not conduct EFS Charging Sessions under any circumstances.
    • Only Certified Focus Session Technicians are permitted to perform Energetic Focus Sessions™.  Purchaser shall not engage, permit, or allow uncertified individuals to conduct Energetic Focus Sessions™.
    • No individual may perform Energetic Focus Sessions™ unless they hold valid certification issued by Energetic Fitness Systems™.
    • Certification for each respective session type consists of two mandatory steps:
      • Step 1: Completion of the **EFS Charging Session Technician Certification e-Course with a minimum passing score of 80%. At least one individual must successfully complete this course prior to initial equipment shipment.
      • Step 2: A live, interactive demonstration session via video chat, Zoom meeting, or other approved remote format. This session must include equipment setup, proper session procedures, user monitoring, and facilitating session completion.
    • Certification may be completed prior to equipment arrival if access is available, or post-shipment via the live demonstration process.
    • Future training center availability may replace or supplement remote demonstrations. Purchaser agrees to comply with updated training protocols as they evolve.
    • Failure to complete both certification steps may result in restricted equipment usage rights, revocation of commercial access, or termination of warranty coverage.

4. Waiver Compliance:

    • All users must digitally complete and sign the Energetic Fitness Systems® Usage Waiver Form prior to their first session.
    • Waiver renewals are required every two (2) years to maintain eligibility for continued use.
    • Failure to renew waivers may result in revocation of equipment access and potential liability for non-compliant usage.

5. Brand & Trademark Protections:  Purchaser shall not misrepresent Energetic Fitness Systems™ technology, equipment, or modify branded materials or media.

3. Medical Disclaimer

Purchaser acknowledges and agrees:

  1. The Energetic Fitness System® DOES NOT HEAL.
  2. EFS is NOT a medical device and is not intended for diagnosis, treatment, or prevention of any disease.
  3. EFS usage is NOT a replacement for traditional or alternative medical care.
  4. Users must consult a physician before use.
  5. Individuals with pacemakers or implanted electrical devices should NOT use EFS.

Additionally:

  • Third-party testimonials do not constitute medical advice and are not evaluated by the FDA.
  • Purchasers must not imply EFS provides medical benefits beyond its intended use.

4. Resale Terms & Conditions

Purchaser acknowledges and agrees that:

  1. Resale of EFS equipment is strictly prohibited unless the new purchaser agrees to and signs the same Commercial Sales Terms & Conditions outlined herein.
  2. Resellers must ensure that the subsequent purchaser fully understands and agrees to all usage limitations, warranty restrictions, certification requirements, and disclaimers prior to completing the sale.
  3. Failure to obtain a signed agreement from the new purchaser shall constitute a breach of these terms, potentially resulting in revocation of warranty coverage and legal action for unauthorized resale.
  4. EFS retains the right to verify compliance with resale requirements and may request documented proof of agreement from the reseller upon demand.
  5. Purchaser agrees not to misrepresent, modify, or alter EFS branding, trademarks, or authorized training protocols when reselling equipment.

5. Governing Law & Dispute Resolution

  • These terms are governed by the laws of the State of Washington.
  • Any disputes arising under this agreement shall be resolved through binding arbitration in Whatcom County, Washington.
  • Force majeure: EFS is not liable for delays or failures due to natural disasters, government actions, or supply chain disruptions beyond its control.