ACQUISITION OF OUR PRODUCTS

In consideration of the mutual promises, covenants, and conditions

hereinafter contained, the parties hereto agree that Seller shall give

possession and Customer shall purchase the products

and materials based on the prices set forth on the front of this Agreement and pursuant to the following terms and conditions:

A. ADDITIONAL CHARGES. Any and all additional charges, costs or fees in connection with the purchase of the Products, including, without limitation, any and all transportation, shipping and

handling costs, permits, license fees and applicable sales, excise and

other taxes shall be borne exclusively by the Customer.

B. TITLE. Title to the Product(s) purchased shall pass to Customer immediately upon (a) payment in full of the Purchase Price by wire transfer,cashier’s check, certified check, cash (C.O.D.) and (b) delivery and receipt of the products to Customer.

C. RISK OF LOSS. The risk of loss shall pass to Customer upon delivery of the product(s) to Customer.

D. INSPECTION: Inspection shall be made by the Customer at the time and place of delivery. Any defects (other than defects caused by shipping) must be reported to the Seller within 48 hours of Customer’s receipt of the product.

E. CLAIMS. Customer’s failure to give written notice of any claim within 48 hours from the date of delivery shall constitute an unqualified acceptance of the Product(s) and a waiver by the Customer of all claims with respect thereto. Said notice shall identify and specify the exact claim or defect in Product(s).

F. SHIPPING DATES. Shipping dates are approximate and represent Seller’s best judgment at the time of acceptance of Customer’s order.

G. IMPORT RESTRICTIONS – LIMITATION OF LIABILITY The Product(s) to be delivered are imported by Seller. If Seller shall be unable to import such Product(s) by reason of war, blockade, insurrection, riot, or any restraints of governments or peoples, Seller may cancel this agreement without further liability by giving written notice to Customer of such cause. Upon receipt of written notice of cancellation from Seller, Seller shall refund to Customer’s purchase price and Seller shall be relieved of any further liabilities under this Agreement. Under no circumstances shall Seller be liable for any incidental or consequential damages caused by shipping or import delays.

H. LIMITED WARRANTY- Seller warrants its products to be free from defects in materials and workmanship and guarantees our products will operate as advertised. Such guarantee is limited in the following manner: (i) Seller guarantees all metal components to be free from breakage or defects in materials and workmanship for a period of two (2) years from the date of purchase, and (ii) Seller guarantees all plastic components to be free from breakage and/or defects in workmanship for a period of six (6) months from the date of purchase. In the event Customer has also purchased an extended warranty, the foregoing warranty time periods shall be extended by an additional one (1) year for metal components (for a total of 3 years of warranty) and an additional (6) months for plastic components (for a total of 1 year of warranty), beginning from the date of purchase. Seller makes no warranty for and shall not be responsible for any damage to, tears of, or degradation of any sort to vinyl lined pool surfaces. Wike-Up! is designed for plaster, concrete or marbletite pool surfaces and not vinyl pool linings. Seller shall inspect and decide to repair or replace the defective component in its sole discretion. Customer shall be responsible for paying all shipping costs to return the defective product or component to Seller for inspection and repair or replacement as the case may be.

I. CUSTOMER’S REMEDIES. Customer’s exclusive remedy and Seller’s limit of liability for any and all losses or damages resulting from defective goods or from any other cause, shall be to receive, in Seller’s sole discretion, a repair or replacement of the product, or a full refund of the purchase price paid by Customer plus any transportation charges actually paid by the Customer when originally purchased.

J. BREACH OF AGREEMENT.

(A). Limitation of action. No action at law or in equity shall be maintained by Customer against Seller for Seller’s alleged breach of this Agreement and/or violation of any federal, state or local law, regulation or ordinance now in effect or hereafter enacted with respect to any obligation or duty hereunder by Seller, unless (i) Customer notifies Seller in writing at Seller’s address within thirty (30) days from the date of such alleged breach of violation, and provided Seller does not remedy or correct the breach or violation within sixty (60) days from the receipt of the notice; and (ii) such action must be commenced by Customer within one (1) year from the date of delivery, unless extended by ninety (90) days to allow for notice to Seller and its response as provided by this paragraph. Notwithstanding the foregoing, nothing contained in this Paragraph shall be construed to abridge, limit or expand the warranties contained in the Limited Warranty. (B). Limitation of damages. No cause of action brought by Customer against Seller, for any punitive, incidental, special or consequential damages, including but not limited to, damages to property, loss of use, loss of time, loss of profits or income.

K. CONSENT TO JURISDICTION AND VENUE AND WAIVER OF JURY TRIAL. This Agreement including any disputes hereunder and the interpretation, validity and/or enforcement of any provision thereof, shall be governed by the laws of the State of Florida, and any action brought involving the enforcement of any of the covenants of this Agreement shall be brought only in a court competent jurisdiction in and for Miami- Dade County, Florida.

The parties hereby waive any right to a trial by jury in any action arising out of the interpretation, enforcement or breach of these conditions.

WIKE-UP!, Inc. SAFETY & MAINTENANCE TIPS

Congratulations! You are about to embark on a new fitness journey with your Wike-Up Aquabike. We thank you for your confidence in our product and we wish you much pleasure and good health when using your Wike-Up.

As with any sports equipment please keep in mind the following SAFETY precautions:

Before starting any physical exercise regimen, consult with your physician to make sure you are able to do so;
Begin your work-out slowly to build up endurance over time;
Make sure the Wike-Up! is located in the shallow end of the pool and is well suctioned to the bottom. Please note that Wike-Up! is designed for plaster, concrete or marbletite pool surfaces and not for vinyl pool linings. As a result, Seller makes no warranty for and shall not be responsible for any damage to, tears of, or any degradation of vinyl lined pool surfaces;
Children should not use the Wike-Up! without adult supervision, and they should never be left alone in a pool without proper adult supervision;
The Wike-Up is rated for persons up to 250 pounds. Do not use the Wike-Up if you weigh more than the allowable weight;
If you feel tired or weak, STOP, and rest a while before continuing. Also, have someone else be at home during your workouts so he/she can assist you if necessary.
Jumping on the Wike-Up from outside of the pool could lead to SERIOUS INJURY and/or could permanently damage the machine.

To keep your Wike-Up in the best condition possible, here are some maintenance tips to help you.

IMPORTANT! Before each immersion or use in your pool, please check the pH of the pool water!

pH, or hydrogen potential, represents the concentration of hydrogen ions from the water. pH is gauged on a scale between 0 and 14. Pool water should be neutral or slightly alkaline, and the ideal rate allowed is pH 7.4

WARNING! Wike-Up!, Inc.’s limited warranty shall not apply if a pH imbalance causes possible alterations of the paint; aluminum metal or frame and/or stainless steel bolts.

Please note these maintenance and safety tips:

. As soon as you have finished your exercise routine, take your Wike-Up out of the pool and rinse the frame, moving parts and seat thoroughly with freshwater and then wipe it dry. Once dry, store your Wike-Up in a cool dry place.

. Do not add chemicals (chlorine, acid) or other pool chemicals to the pool when you Wike-Up is in the pool or nearby. More your Wike-Up away from the area since splashes of such noxious chemicals may dissolve the paint or other components. Damage to paint and other components caused by pool chemicals is not covered by the Limited Warranty.

. Be careful not to drop your Wike-Up nor to jump on it when entering the pool. The impacts on the paint or frame due to a drop or by improperly jumping or using the Wike-Up are not covered by the Limited Warranty.

Any breaches of the above care instructions shall void the Limited Warranty.

Wike-Up!, Inc. guarantees its products to be free to defects in materials or manufacturing for a period of two (2) years for the metal components (frame, handlebars, pedals) and six (6) months warranty for plastic usable parts (handles, straps, seat…)