Mile High Training, LLC Purchase Agreement

This Purchase Agreement (“Purchase Agreement”) contains the terms and conditions applicable to your purchase of products from Mile High Training, LLC. This Purchase Agreement shall be effective for and applicable to any and all purchases made through this web site.

By using this site and purchasing products through this site, you (“Buyer”) indicate and agree that you understand and intend this Purchase Agreement to be the legal equivalent of a signed, written contract that is equally binding, and that you agree to such Purchase Agreement. If you do not agree with the Purchase Agreement, you are instructed not to use this site and not to purchase products through this site. Seller reserves the right to change or supplement this Purchase Agreement at any time without notice. Your purchase of products on this site will constitute your acceptance of such changes.

WARRANTY INFO (`1-Year, 4,000 HOURS)

Mile High Training, LLC warrants, for one year from purchase or 4000 hours of use, whichever comes first, and for the original retail owner, each E-100 Generator (the Product) to be free from defects in materials and craftsmanship with only the limitations or exclusions set out below. The warranty is invalid if the Product is (A) damaged or not maintained as reasonable or necessary, (B) modified, altered, or used as part of any conversion, subassembly, or any configurations not sold by Mile High Training, LLC, (C) serviced or repaired by someone other than Mile High Training, LLC or its designated agents, (D) sold or transferred from the original owner during the warranty period, (E) used in a commercial setting such as health club or training facility. The Warranty stated herein only applies to the Product, and is not inclusive of any other products on this website or other Mile High Training products nor found on this website.

In the event that the Product does not conform to this warranty at any time while this warranty is in effect, warrantor will repair the defect or, at its sole option, replace the Product with a Product of equivalent replace the equipment with similar or like equipment, and return it to you without charge for parts or service. This warranty does not cover the cost of shipping to or from a Mile High Training, LLC repair center, nor provide for the reimbursement or payment of incidental or consequential damages. If you suspect the Product is defective, you must first contact Mile High Training, LLC who will work with you to try to remedy the problem. If that is not possible, Mile High Training, LLC will issue a Return Merchandise Authorization (RMA).  Pack the Product carefully (preferably in its original packaging), and ship freight prepaid, by traceable means, or delivered to the Mile High Training, LLC at the address provided.

RETURNS

In the event that Buyer purchases a product (“Purchased Product”) from Seller through this website and subsequently returns the product to Seller in original condition, Seller reserves the right to charge a restocking fee equal to twenty percent (20%) of the original purchase price of such product. If the product is returned in less than original condition, the Seller reserves the right to refuse the return or make a partial refund based on the extent of wear or damage to the Purchased Product, in the sole judgment of the Seller. For hygienic reasons, masks cannot be returned. There is a 30-day limit on returns.

Should you have any issues with the equipment in general, we encourage you to reach out to us directly via phone or at: info@milehightraining.com

INFORMATION ON Mile High Training website

The information and/or products on this site may be changed, updated or discontinued at any time without notice. Some of the specifications on this site may be approximate, and despite our best efforts to give accurate information, Seller cannot guarantee that the information provided is 100 percent accurate. Seller shall have no responsibility or liability for such information, and Buyer assumes the sole risk of any use and/or reliance thereon.  The Seller may occasionally make minor changes in products, and if the product does not exactly match the description on the web site, the Seller cannot be held legally liable. However, if these changes affect your satisfaction, Buyer may return the product (see RETURNS, below).

TAXES AND DUTIES

Sales taxes, value added taxes (VAT), customs, duties, and similar costs are not included in our advertised prices.

US: Sales taxes are charged for purchasers in New York only. At present, no sales tax is collected for buyers outside of New York, but the Buyer may be responsible for state taxes applicable to out-of-state purchases, depending on state laws.

International:  Importation costs, including VAT, customs duties, and other costs levied in the buyer’s country, state, or province are the responsibility of the Buyer. If the Buyer should neglect or refuse to pay import costs, refuse to accept products at destination, or if product is otherwise undeliverable, the product will be returned to Mile High Training, LLC at the Buyer’s expense. In addition, a 20% restocking fee may be applied (see RETURNS, below).

SHIPPING

The Seller strives for customer satisfaction. However, sometimes the Seller cannot prevent delays in shipping, mistakes in the order fulfillment process, and the unavailability of products. The Seller cannot be held legally liable for the consequences of delays, errors, or mistakes or any damages the Buyer may experience as a result. If damages occur during shipment,  the Buyer must document these damages immediately upon receipt by photographing damages to the package and the damages to the product, retaining all packaging, and provide this evidence to Seller and/or shipper to help the Seller collect insurance from the shipper. Seller will provide a replacement or repaired product, at our option. Seller cannot be held liable for damages occurring during shipment .

LIABILITY RELEASE

Buyer understands and is aware that use of the Purchased Product, athletic training, and athletic competition involves inherent and other risk of injury including death. Buyer further understand that injuries in sport are a common and ordinary occurrence.  Buyer freely accepts and assumes all risk of injury and death that may result while using Purchased Product.  Buyer agrees not to make claim or sue for injuries or damages related to the use of the Purchased Product whether such claim or suit is based on negligence, breach of warranties, product defect, or any other legal theories. To the fullest extent permitted by law, Buyer agrees that Seller and its owners, members, officers, directors, partners, associates, agents and employees, the manufacturers of the equipment (collectively “Released Parties”), shall not be held liable or responsible in any way for injury, death or other damages to Buyer or his/her family, heirs, or assigns which may occur as a result of the use of the Purchased Product, or as a result  of product defect, or the negligence of any party, including the Released Parties, whether passive or active.  Buyer expressly assumes all risks related in any way to the use of the Purchased Product.

REMEDY

Buyer’s sole and exclusive remedy for any act or omission of Seller or other condition or occurrence related to any order placed through this site (including, without limitation, the condition, performance, defective nature or unavailability of products ordered through this site) shall be only as expressly provided on this site. In no event shall Seller’s liability for any claim of any kind related to any product ordered through this site exceed the purchase price of such product. Additionally, in no event shall Seller be liable for any indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the purchase of (or inability to purchase) any products through this site, whether based in contract, tort, strict liability or otherwise, and even if Seller has been advised of the possibility of any such damages. Due to the fact that some states and/or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply.

NO IMPLIED WARRANTY

Except as otherwise specifically and expressly set forth on this web site, Seller makes no representations or warranties of any sort regarding the products purchased through this site, including, without limitation, any implied warranty of any sort. Although simulated altitude training is used by top athletes throughout the world, we cannot guarantee your results. As written, this Purchase Agreement constitutes the final, entire agreement between the Seller and Buyer.  They have made no further promises of any kind to one another, nor have they reached any other understandings, either written or oral. If any term or condition of this Purchase Agreement or the application thereof is or becomes invalid or unenforceable or there is any error or omission in the information, the remaining terms and conditions and information shall not be affected thereby and each and every term and condition of this Purchase Agreement shall be valid and enforceable to the fullest extent permitted by law.

This Purchase Agreement will be governed by the laws of the State of New York without giving effect to the choice of law provisions thereof, and all parties to this Agreement expressly agree to be subject to the jurisdiction of courts.