Private Sales Terms & Conditions

Private Sales Terms & Conditions

Energetic Fitness Systems®:  Private Personal Usage Terms & Conditions

 

1. General Terms & Conditions

  • Personal Use Only: The purchaser acknowledges that EFS equipment is strictly for private, personal use and may not be resold, leased, or transferred without written authorization from Energetic Fitness Systems®.
  • Non-Commercial Agreement: Purchaser shall not use EFS equipment for commercial purposes, paid sessions, or business operations unless separately licensed under an approved Commercial Sales Agreement.
  • Payment & Processing: All payments must be prepaid in full before shipment. EFS reserves the right to adjust pricing, fees, and processing times without prior notice.
  • Credit Card Transactions: A 3% Convenience Fee may be assessed at EFS’ discretion for purchases made via credit card.
  • Order Processing & Shipment: Orders are built to order with an estimated processing time of 6-8 weeks. Delays caused by supply chain disruptions beyond EFS’ control are not grounds for cancellation or refund.

2. Warranty, Liability & Equipment Use

  1. Limited Warranty: EFS provides a non-transferable limited warranty covering manufacturer defects only. Warranty coverage does not include accidental damage, misuse, modifications, or unauthorized repairs.
  2. Liability Waiver: Purchaser agrees that EFS is not liable for any personal injuries, equipment misuse, or claims arising from improper use.
  3. Safe Handling Requirement: Purchaser is solely responsible for ensuring equipment is used correctly, following all safety guidelines provided by EFS.
  4. Unauthorized Modifications Prohibited: Altering or modifying EFS equipment immediately voids warranty coverage and may result in loss of usage rights.

3. Certification & Waiver Requirements

  1. Waiver Requirement: All users must digitally complete and sign the Energetic Fitness Systems® Usage Waiver Form before using EFS equipment.
  2. Waiver Renewal: Users must renew their waiver every two (2) years to maintain ongoing eligibility for use.
  3. Failure to Renew: Failure to renew waivers may result in revocation of access to EFS equipment and potential liability for non-compliant usage.
  4. Certification for Personal Use: While commercial certification is required for professionals, EFS recommends purchasers complete an optional personal-use instructional program to ensure safe and effective equipment handling.

4. Shipping Damage Procedures

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

    1. Report Damage within 7 days 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.

5. Medical Disclaimer

  1. EFS is NOT a medical device and is not intended for diagnosing, treating, or preventing any medical conditions.
  2. EFS does NOT heal. It is not a substitute for medical care, nor should it be used for medical claims or representations.
  3. Consult a physician before use, particularly for individuals with pacemakers or implanted electrical devices.
  4. Third-party testimonials do not constitute medical advice and are not evaluated by the FDA.

6. 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.