WEBSITES TERMS OF USE

SALES, DELIVERY AND WARRANTY TERMS & CONDITIONS G.C.C COUNTRIES 

These Sales, Delivery, Warranty Terms and Conditions (“Terms & Conditions”) are applicable to all agreements, purchase orders, quotations and sales of all Power Plate® Product (“Product(s)”) from Power Plate Gulf LLC FZ, a company registered in Meydan Free Zone Dubai, United Arab Emirates under company number 2313351, VAT nr. (TIN 103000805346) with our registered office at Emirates Towers, Sheikh Zayed Road, PO Box 31303, Dubai, United Arab Emirates. Any terms and/or conditions different than, or in addition to, these Terms & Conditions that may appear on any purchase order or other document furnished to PPG at any time by you (“You”) or customer (“Customer”) shall have no force and effect unless otherwise expressly referred to and agreed by PPG in writing. Please read these terms carefully before you make a purchase, place an order or otherwise shop on the website at https://powerplategulf.com (the “Website”) or through PPG’s telephone sales team. 

In conjunction with Customer’s purchase of Product, PPG or its designated agents, independent contractors and trainers may perform ancillary services for Customer on Customer premises such as delivering, ordering, training, installing Product, or putting away the Product (collectively, the “Service(s)”). These Terms and Conditions shall apply to such Services. 

How to contact us. You can contact us by phoning our customer service team at +971 4 313 20 60 or by writing to us at hello@powerplategulf.com. Our registered VAT nr. (TIN 103000805346) 

PPG’s acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer’s submission of an order shall constitute Customer’s full acceptance of these Terms and Conditions. Customer’s assent to these Terms and Conditions shall otherwise be presumed from Customer’s receipt of PPG’s acknowledgment, or from Customer’s acceptance of all or any part of the Product ordered. No additions or modifications to these Terms and Conditions by a Commercial Customer (defined below) shall be binding upon PPG, unless agreed to in writing by an authorised representative of PPG. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in PPG’s acknowledgment, PPG’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by PPG of any of the terms and conditions contained herein or in PPG’s acknowledgment. 

NO OTHER TERMS APPLY. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, PPG ASKS THAT YOU DO NOT PURCHASE PPG’s PRODUCTS OR SERVICES. 

Introduction. PPG is the authorised appointed distributor for the Power Plate® Products in the GCC region (United Arab Emirates, Saudi Arabia, Qatar, Bahrain, Kuwait and Oman). By making a purchase, placing an order through the Website or through PPG’s telephone sales team or otherwise shopping on or browsing PPG’s Website, Customer also accepts PPG’s Privacy Policy and PPG’s Website Terms of Use. Please note that we may update and amend these Terms and Conditions from time to time. Any such changes shall not apply to orders that have been accepted prior to the date of the change. 

The Sales Terms and Conditions and other terms and conditions posted on PPG’s Website or otherwise in force at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by PPG. If these Terms and Conditions are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version. 

Certain Defined Terms. In addition to terms defined elsewhere in these Terms and Conditions, the following terms have the following meanings: 

“Commercial Customer” means a Customer that is not a Consumer Customer. 

“Consumer Customer” means a Customer that meets the definition of “consumer” being “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession “Orders”. Customer’s order constitutes an offer to Power Plate GULF (“PPG”) to buy the Product and/or Services under these Terms and Conditions. PPG reserves the right to accept or reject any order including if PPG is unable to authorize Customer’s payment or if Customer does not meet any other eligibility criteria set out in these Terms and Conditions. If you are a Commercial Customer, PPG reserves the right to limit the quantities on any order. All orders are subject to availability. PPG may be unable to accept Customer’s order in certain circumstances, for example, if the Product in question is not in stock or Customer’s credit card has not been approved or the Product has been discontinued, or is unable to be delivered due to circumstances beyond PPG’s control, or for any other reasonable reason. 

If PPG accepts Customer’s order, then PPG shall sell the Product to Customer at the price set forth at the time Customer places an order. Notwithstanding any order confirmation or other communications sent by PPG, Customer’s order shall not be deemed accepted by PPG until PPG informs Customer of PPG’s acceptance of an order by email or telephone. 

VALIDITY QUOTE

The quotation is valid for your acceptance and placement of order as per the details specified in the Quotation (“Validity”).

PRICE

Prices are for delivery in the GCC region only. The price quoted is firm except for:

a. The quoted price is firm except for statutory variation in taxes and duties. If additional taxes or duties become leviable during the currency of the contract, the same will be extra.

b. The quoted price is based on the USD dollar or UAE Dirham or as per the per GCC country local currency conversion rate existing on the date of this quotation. If the USD dollar – per GCC country local currency exchange rate varies at any time before the receipt and acceptance of the purchase order, we retain the right to submit a revised price bid.

TAXES

VAT and duties excluded.

PURCHASE ORDER ACKNOWLEDGMENT

Purchase Orders cannot be cancelled, and amount will be non-refundable. Power Plate GULF reserves the right to claim compensation for any loss or damage sustained and arising from cancellations.

PAYMENT TERMS

General Payment Terms. PPG does not accept cash, cash on delivery, purchase orders or personal cheques unless specific arrangements have been made in writing with duly authorised PPG senior management personnel. In the unlikely event that a price stated on PPG’s website is incorrect, then the following policy shall apply: If a Product’s correct price is lower than PPG’s stated price, PPG will charge the lower price, deliver Customer the Product, and refund any overcharge. If a Product’s correct price is higher than PPG’s stated price, PPG will, at its discretion, either contact Customer for instructions before delivery, or cancel Customer’s order and notify Customer of such cancellation, refund you any sums you have paid and, if applicable, require the return of any Product provided to you. We do not store customer credit card details.

Consumer Customers. If Customer is a Consumer Customer, then unless otherwise indicated, the purchase price of Product and/or Services will be billed in full at the time the Product and/or Services are ordered.

Commercial Customers. The terms of this clause apply only to Commercial Customers:

PPG’s payment terms are subject to change without notice at PPG’s sole discretion. PPG shall not be liable for any billing errors unless Commercial Customer advise PPG of such billing error within 30 days of its transaction date.

Commercial Customers shall pay 75% of the purchase amount with placing the order. The remaining 25% must be paid 7 days prior to the delivery of the products. If Commercial Customer fails to make the remaining payment, or fails to comply with PPG’s credit terms, or fails to supply adequate assurance of full performance to PPG within a reasonable time after requested by PPG (such time as specified in PPG’s request), PPG may defer delivery until such payment or compliance is made, require cash in advance for any further deliveries, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, legal fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an undelivered order.

Commercial Customer agrees to assume responsibility for, and Commercial Customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by Commercial Customer, its subsidiaries and affiliates. Each of Commercial Customer’s subsidiaries and affiliates purchasing from PPG will be jointly and severally liable for purchases with Commercial Customer, and Commercial Customer is also acting as agent for such subsidiaries and affiliates.

The Customer agrees to pay PPG the price according to the payment schedule set out
in the Quotation (“Terms of Payment”) unless otherwise indicated.

PPG accepts MasterCard, Visa and other acceptable cards or Customer can remit the amount by way of Cheque / DD / Electronic Fund Transfer to our Bank Account:

All payments must be made in UAE Dirhams or US Dollars. Exchange rate varies at any time, we retain the right to submit a revised price bid.

Account Holder : POWER PLATE GULF L.L.C-FZ
Account Number : 019101333926
IBAN : AE77 0330 0000 1910 1333 926
BIC/SWIFT : BOMLAEADXXX
Bank Address : Mashreq Bank P. S.C., Abu Bark Al Seddiq Road, Muraqqabat branch, Deira, Dubai, United Arab Emirates. PO Box 1250, Dubai
Account Holder : POWER PLATE GULF L.L.C-FZ
Account Number : 974 3548 701
IBAN : AE11 0860 0000 0974 3548 701
BIC/SWIFT : WIOBAEADXXX
Bank Address : WIO Bank P.J.S.C., Etihad Airways Centre, Floor 5, Al Raha Beach, Al Muneera, Abu Dhabi, United Arab Emirates. PO Box 112437 Abu Dhabi
DELIVERY TERMS

Products will be delivered as per the details specified in the quotation (“Delivery”).

Please note that at PPG we only accept orders from our website (https://powerplategulf.com) or through our sales team.

Consumer Customers. If you are a consumer customer, the costs of delivery will be displayed to you on our website. Transportation costs (if any) will be calculated from PPG’s Dubai Warehouse.

PPG will deliver the products to you as soon as reasonably possible after your order and in any event within 10 – 15 days after the day on which we accept your order or, if this is not possible, we will contact you to agree on a delivery date.

If you are ordering services PPG will contact you within 48 hours of accepting your order to agree on a date to begin and complete the services.

Commercial Customers. If you are a commercial customer, prices stated are from PPG’s Dubai warehouse origin. Prices shown do not include transportation within the GCC region and are subject to correction or change without notice.

PPG shall endeavor to deliver the products and/or provide services to you as soon as possible after you place an order, usually within 10 – 15 working days. However, all transportation dates provided to a commercial customer are estimates only. PPG shall have no liability to a commercial customer if PPG, for any reason, does not accept and fulfil any order submitted to PPG, or for delays associated with delivery.

PPG will use its discretion in selecting a reputable carrier for the transportation of the products.

Additional delivery charges may be payable including without limitation, expedited same day delivery, air freight, freight collect, export orders, customer’s carrier, or other special handling by the carrier (“Other Freight Services”). Any charges incurred for Other Freight Services must be paid by commercial customer. Fuel surcharges may be applied and due by a commercial customer to PPG.

PPG makes no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. PPG shall have no liability or other obligation hereunder if its performance is delayed or prevented to any extent by any event such as, but not limited to, any act of God, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, or any other cause beyond the PPG’s reasonable control.

Title and Risk. If you are a Consumer Customer, a Product will be your responsibility from the time we deliver the Product to the address you gave us, or you or a carrier organised by you collect it from us. You own a Product once we have received payment in full. If you are a Commercial Customer, title and risk of loss pass to Commercial Customer upon PPG’s tender of transportation to the carrier; except
that title to any software embedded in the Product will remain with the applicable licensor or PPG and is subject to any license agreement related to the software. If the Product is damaged in transit, Commercial Customer’s only recourse is to file a claim with the carrier.

Retention of Title. This section applies only to Commercial Customers:

If Commercial Customer has not made full payment for the Products but PPG nevertheless agrees to send the Products to Commercial Customer, then title to Products shall not pass until PPG receives payment in full.

Until title to Products has passed to Commercial Customer, Commercial Customer shall store those Products separately from all other goods held by the Customer so that they remain readily identifiable as PPG’s property; and not remove, deface or obscure any identifying mark or packaging on or relating to those Products; and maintain those Products in satisfactory condition, and keep them insured on PPG’s behalf for their full price against all risks with an insurer that is customary and reasonably acceptable.

If, before title to the Products passes to Commercial Customer, and the Commercial Customer becomes subject to any of the events then, without limiting any other right or remedy, PPG has the Customer’s right to resell Products or use them in the ordinary course of its business ceases immediately; and PPG may at any time require the Commercial Customer to deliver up all Products in its possession that have not been resold, or irrevocably incorporated into another product; and if the Commercial Customer fails to do so promptly, PPG may enter any premises of the Commercial Customer or of any third party where the relevant Products are stored to recover them.

No Resale or Export for Consumer Customer. If Customer is a Consumer Customer, then you hereby agree that you are purchasing Product and/or Services only for your own personal use and not for resale or export. If Customer is a Commercial Customer, then it hereby covenants and represents that it will not resell or otherwise export the Product outside the GCC region unless otherwise prior written agreed.

Change Orders. Any modification to any existing order that changes the Services or a Product’s quantity, delivery location, or delivery date will be considered a “Change Order.” If you wish to make a change to the Product and/or Services you have ordered please contact PPG. Change Orders are accepted up to two (2) business days before a scheduled delivery date or, in respect of Services, a provision of services date unless otherwise agreed. Customer will be responsible for costs incurred by PPG when a Change Order is requested. Change Orders involving quantity changes will be assigned new shipment dates consistent with PPG’s current projected delivery schedule and product availability. Requests for expedited delivery dates may incur additional charges, for which Customer shall be solely responsible. We shall inform you of such additional charges and request confirmation.

Without affecting any other right or remedy available to it, PPG may terminate the contract with immediate effect by giving written notice to the Commercial Customer if: 

  1. the Commercial Customer commits a material breach of any term of this contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified to do so;
  2. the Commercial Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
  3. the Commercial Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;
  4. the Commercial Customer’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under this Contract has been placed in jeopardy; or
  5. the Commercial Customer fails to pay any amount due under this Contract on the due date for payment.

Intellectual Property. The Commercial Customer shall always act reasonably and in good faith. The Commercial Customer acknowledges and agrees that it may not use the Trademarks in a manner which would have an adverse effect on PPG’s business or compete with PPG’s business.

Except as expressly stated in these Terms and Conditions, Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogues and any other intellectual property rights which subsist or will subsist now or in the future in any part of the world for the benefit of Power Plate, or any trademarks or service marks owned by suppliers to Power Plate GULF. All materials contained on the website are subject to the ownership rights of the suppliers of PPG. Customer shall have no right to copy or use any of the intellectual property without PPG’s prior written permission.

LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES

Please be aware that this warranty is valid for addresses in GCC countries only. 

With respect to the Power Plate branded Products, all such Products are subject to a limited warranty against defects in material and workmanship under normal use. No claims for labour, transport or damages will be allowed. 

This limited warranty is limited solely to the mechanical integrity of products, provided products are used in accordance with relevant user instructions. This limited warranty will be voided for Products that have been mis-used, modified, or in any way altered from its original factory condition. 

NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY STATED IN THE WARRANTY STATEMENT, IS MADE OR AUTHORISED BY PPG. PPG DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. IF YOU ARE A COMMERCIAL CUSTOMER, PPG EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT: (i) IS OF SATISFACTORY QUALITY; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER’S INTELLECTUAL PROPERTY RIGHTS.

If you are a Commercial Customer then with respect to third party (i.e. non-Power Plate® branded) product that may be available for purchase through this Website, such Product are sold by PPG “as is”. However, the third party manufacturer or supplier of such Product may offer its own warranties, and Commercial Customer agrees to look solely to such manufacturer or supplier for any third party non Power Plate® branded warranty related claims. Product purchased by Commercial Customers should be registered at https://powerplate.com/product-registration.
PPG does not assume responsibility for any specific use or application of any Product inconsistent with its known purpose, including, but not limited to, compatibility with other equipment and fitness programmes or regimens used by Customer or recommended to or by Customer by a third party.

If you are a Commercial Customer, all statements, technical information or recommendations relating to PPG Product given by us are based upon information believed to be reliable, but do not constitute a guarantee or warranty and we disclaim liability for such information.

Limited three (3) years warranty on parts and one (1) year limited labour reimbursement from date of purchase of Products by its Customers or end users. For Personal Plate Products only there is a limited one (1) year warranty on parts and one (1) year limited labour reimbursement from date of purchase by Customers or end users.

Wearing parts listed below are limited to a three (3) month warranty from date of purchase by its Customers or end users.

  • Anti-Slip Stickers
  • Vibration Rubber Set
  • Rubber Feet
  • Handlebar
  • ProMOTION Assembly
  • ProMOTION Spring Kit
  • ProMOTION Cable Kit
  • Remote Control
  • Batteries
  • Top Mats
  • Set of Straps
  • Handgrips
  • Damper Handle
LIMITATION OF LIABILITY

PPG’s Performance of Services. If you are a Commercial Customer, Commercial Customer will hold harmless, defend and indemnify PPG, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by PPG or its designated agents related to the performance of Services for Commercial Customer (including without limitation, settlement costs, legal fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of Customer, its employees, agents, subcontractors or representatives.

PPG and Customer are independent contractors and not principal and agent. Nothing contained in these Terms and Conditions shall be construed to create a franchise, partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate PPG in any manner, nor will Customer represent to anyone that it has the right to do so.

As a condition of, and in consideration of PPG accepting any order pursuant to these Terms and Conditions, all Commercial Customers (whether in the GCC region or otherwise) purchasing for export, or for resale within the GCC region acknowledge and accept the applicability of these Terms and Conditions. Absent a specific contrary written agreement, all Commercial Customers further agree that by PPG accepting any order that no agency, franchise, dealer or other similar commercial relationship is established. All orders shall thus be individual trade orders.

Events Outside Our Control. PPG shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any event outside our control, including but not limited to, acts of God, labour disruptions, acts of war, acts of terrorism (whether actual or threatened), epidemics, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of PPG in the conduct of its business. If PPG’s supply is delayed by an event outside our control, PPG will contact you as soon as possible to let you know and PPG will take steps to minimize the effect of the delay. PPG shall not be liable for any such failure or delay in manufacture or delivery of Product and/or the provision of Services as a result of any such matter or occurrence wholly or partially beyond its control. In the event of shortage, PPG may allocate sales and deliveries in its sole discretion.

Other Liability Conditions; Indemnification; Disclaimer. If you are a Commercial Customer, Commercial Customer shall defend, indemnify and hold harmless PPG, its successors, assigns, affiliates, agents and contractors, and the officers, managers, directors and employees of each of them (each a “PPG Indemnified Party”), from and against any damage, loss, claim, judgment or other liability or expense (including but not limited to reasonable legal fees) that may in any way relate to or arise
out of any act or omission in connection with (i) Commercial Customer’s use of this Website and,
(ii) except to the extent caused by PPG, the purchase, resale, use or misuse of
Product by Commercial Customer, any third party or Customer’s successors, assigns, affiliates, agents and contractors, or the officers, managers, directors or employees of any of them. PPG reserves the
right, without being required to do so, and without waiver of any indemnity hereunder, to defend any claim, action or lawsuit coming within the scope of this indemnity provision.

PPG will not be liable for personal injury or property damage arising out of (i) the Customer’s neglect, alteration or improper use, including failure to follow installation, operating and maintenance conditions prescribed in the Product’s installation manual; (ii) repairs performed by anyone other than authorised PPG service representatives; or (iii) use of supplies or parts that do not meet PPG’s specifications. If you are a Commercial Customer, Commercial Customer shall indemnify, defend and hold harmless each PPG Indemnified Party against any damage, loss, claims, liabilities, costs, expenses, legal fees arising out of any or all of (i), (ii) or (iii) in the preceding sentence.

Nothing in these Terms and Conditions exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.

If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable or not our fault. Loss or damage is foreseeable if either it is obvious
that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the process.

We are not liable for loss or damage that results from our failure to comply with these Terms and Conditions that fall into the following categories (whether direct or indirect):

  • loss of income or revenue;
  • loss of business;
  • loss of profits;
  • loss of anticipated savings;
  • loss of data;
  • loss of expected returns;
  • losses that were not caused by our breach; and
  • waste of management or office time.

However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories. In respect of Services we provide, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.

Subject to the above, our maximum aggregate liability under or connection with these Terms and Conditions whether in contract, tort (including negligence), shall in all circumstances be limited to the greater of (i) a sum equal to 100% of the price paid for the Product.

OTHER IMPORTANT TERMS

Assignment. Commercial Customer shall not assign any order, or any interest therein or in these Terms and Conditions, without the prior written consent of PPG. Any actual or attempted assignment without PPG’s prior written consent shall be void and shall entitle PPG to cancel such order upon notice to Commercial Customer.

Transfer of Rights. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Amendments. These Terms and Conditions may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both PPG and Customer.

No Third Party Benefit. Except as expressly set out elsewhere, the provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity under the Contracts.

Waivers. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the Products, we can still require you to make the payment at a later date.

If a Court finds part of this Contract illegal, the rest will continue in force. Each of these terms operates separately. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable then the remaining provisions of these Terms and Conditions remain in full force.

Complete Agreement. If you are a Commercial Customer, the terms and conditions in: (i) PPG’s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogues or brochures; (vii) extension of credit and (viii) any other documents or terms referred to within are incorporated herein by reference, and constitute the final, entire and exclusive agreement between Commercial Customer and PPG. Any attempt by a Commercial Customer to supplement or amend these Terms and Conditions or to enter an order for Product pursuant to terms that are subject to additional or altered terms and conditions shall be null and void. If you are a Commercial Customer, the provisions of these Terms and Conditions may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In the event that a customer’s relationship is governed by a written agreement, reseller or license agreement then that respective agreement to the extent applicable shall take precedence over the terms stated in (g) herein.

Headings. The section headings used are for convenience or reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived from them.

Rights and Remedies Cumulative. If you are a Commercial Customer, please note any enumeration of PPG’s rights and remedies set forth in these Terms and Conditions is not intended to be exhaustive. PPG’s exercise of any right or remedy under these Terms and Conditions does not preclude the exercise of any other right or remedy. All of PPG’s rights and remedies are cumulative and are in addition to any other right or remedy stated in these Terms and Conditions or that may now or subsequently exist at law or in equity, by statute or otherwise.

WARNINGS, RISKS AND CAUTIONS

COMMERCIAL CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF PRODUCTS.

YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM, INCLUDING A PROGRAM INVOLVING THE USE OF THE POWER PLATE MACHINE. IF YOU HAVE ANY KNOWN MEDICAL CONDITION, OR ANY PHYSICAL LIMITATIONS ON YOUR ABILITY TO EXERCISE, POWER PLATE STRONGLY RECOMMENDS THAT YOU SEEK THE ADVICE OF A PHYSICIAN BEFORE USING THE POWER PLATE MACHINE. IF, WHILE USING THE POWER PLATE MACHINE, YOU FEEL DIZZY, FAINT, SHORT OF BREATH, OR ANY PAIN, STOP USING THE POWER PLATE MACHINE IMMEDIATELY, AND CONSULT A PHYSICIAN.

GOVERNING LAW

These terms and conditions are governed by the UAE Law. Any disputes arising out of the transactions shall be under Dubai Jurisdictions only.

These Terms and Conditions have been updated and effective as of 3 December 2023

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