Disclaimer
DISCLAIMER AND NOTICE OF NO PRODUCT WARRANTIES

Dimond Fitness Equipment (hereinafter referred to as “Seller”)

1. Limited Product Warranty.

1.1. DISCLAIMER OF ALL WARRANTIES. Seller, including its agents, employees, or representatives, MAKES NO WARRANTY WITH RESPECT TO THE GOODS SOLD, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; (c) warranty of title; (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, online advertisement, course of performance, usage of trade or otherwise. Buyer acknowledges that it has not relied upon any representation or warranty made by seller, or any other person on Seller's behalf.

1.2. Buyer’s Inspection. Notwithstanding the disclaimed warranties in Section 1.1 above, Buyer is encouraged and acknowledges that it can inspect the Equipment and is not relying upon any photos, videos, representations, statements or other assertions made by Seller regarding the Equipment or the Equipment’s condition and Buyer further acknowledges that it has had the opportunity to fully inspect the goods sold hereunder to its satisfaction. Seller shall not be responsible, in any way, for Buyer’s failure to fully inspect the goods or for any inaccuracies or insufficiencies whatsoever. The Purchaser accepts the equipment in its existing condition.

1.3. Other Non-Written Representations. Any statement, promises or affirmations made by Seller shall not create any warranty that the equipment or other goods purchased conform to such affirmation or promise. Any descriptions of the goods are used merely to illustrate the general type and quality of the goods sold by seller and do not represent that the goods will conform to that model or sample. No
employees of Seller are authorized to make any statement or representation as to the quality, character, size, quality, or capabilities of the goods offered or any statements inconsistent with this document.

2. Indemnification

Buyer acknowledges that the goods purchased, whether or not used properly, may be dangerous.  Buyers acknowledges that it must contact the original manufacturer to obtain up-to-date installation and operation manuals and other information to insure the safe operation of the goods. Seller is not responsible for any loss or injury resulting from defects or alleged defects in the goods sold or from their
subsequent use. Buyer shall indemnify, hold harmless, and defend Seller, and its officers, directors, employees, agents, affiliates, successors, and permitted assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, that are incurred by Seller (collectively, "Losses"),
arising out of or related to any product sold or transferred to Buyer, including claims alleging (a) breach or non-fulfillment of any provision of this contract; (b) negligence in connection with the performance of its obligations under this contract; (c) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent act of Seller, including any injury or damage resulting from the loading and strapping of the equipment; and (d) any failure by Seller to comply with any applicable federal, state or local laws, regulations, or codes in the performance of its obligations under this contract.
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