Conditions of Use

ATOMIK CLIMBING HOLDS, INC.

TERMS & CONDITIONS OF SALE

All products offered by ATOMIK CLIMBING HOLDS, INC. ("Atomik" or the "Company") are sold and provided to you subject to the following terms and conditions. The terms and conditions set forth below are fundamental elements of the basis of the agreement between Atomik and you (the "Buyer"). Buyer understands and agrees that Atomik fills Buyer's order(s) subject to the following terms and conditions and that Atomik would not provide any product(s) to Buyer without Buyer's agreement to these terms. By ordering and accepting any product(s) from Atomik (the "Products"), Buyer irrevocably acknowledges Buyer's consent to the terms and conditions listed below.

WARNING! CLIMBING AND TRAINING FOR CLIMBING ARE HAZARDOUS AND DANGEROUS ACTIVITIES THAT MAY RESULT IN SERIOUS INJURY AND/OR DEATH EVEN WHEN DONE PROPERLY. USE THESE CLIMBING HOLDS AND ATOMIK PRODUCTS AT YOUR OWN RISK, AND ALWAYS USE COMMON SENSE AND GOOD JUDGMENT. ATOMIK EXPLICITLY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY DEATH, INJURY, AND/OR DAMAGE TO ANY PERSON OR PROPERTY THAT MAY OCCUR THAT ARISES OUT OF OR IS IN ANY WAY RELATED TO THE USE OF ATOMIK PRODUCTS. BY YOUR PURCHASE AND USE OF ATOMIK PRODUCTS, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR SAFETY. YOU ASSUME ALL RISKS AND ACCEPT FULL AND COMPLETE RESPONSIBILITY FOR ALL DAMAGES OF ANY KIND, INCLUDING ANY DEATH, INJURY, AND/OR DAMAGE TO ANY PERSON OR PROPERTY THAT ARISE OUT OF OR ARE IN ANY WAY RELATED TO YOUR USE OF ATOMIK PRODUCTS.

1a. PAYMENTS & PRICING.  ALL RETAIL PAYMENTS ARE DUE UPON CONFIRMATION OF ORDER unless otherwise agreed to by Atomik, and all initial orders must be paid in advance. PAYMENT FOR CREDIT-APPROVED WHOLESALE ACCOUNTS IS DUE IN FULL WITHIN THIRTY (30) DAYS OF PLACING YOUR ORDER. All prices are subject to change without notice. If you have been preapproved to pay by check, please make checks payable and mail them to Atomik Climbing Holds, Inc. (order # _______),55 East 600 South, Provo, Utah 84606.

1b. DISCOUNTS. If a discount is used or mistakenly applied to any order, the order will be canceled and refunded. Atomik reserves the right to cancel any order at any time.

2. CREDIT ACCOUNTS. To apply for a new credit account: The Buyer shall complete and submit a credit application to Atomik. Atomik shall determine, in its sole discretion, whether to grant or deny Buyer credit. Atomik may request a valid credit card from Buyer before extending any credit. The Buyer now authorizes Atomik to charge Buyer's credit card if any payment from Buyer is not paid when due. Payment terms for orders to credit accounts approved by Atomik are NET 30 (i.e., the cost of the entire invoice amount is required within thirty (30) days from the order's date). Atomik may require personal guarantees, collateral, and/or other security as a pre-requisite to providing or continuing to provide credit. All credit terms are subject to change without notice at Atomik's sole discretion.

3. OVER-DUE ACCOUNTS; TITLE. A $25.00 late fee PLUS LOSS OF DISCOUNT will be assessed once an account is overdue. If the account remains outstanding for over fifteen (15) days, a 2.0% finance charge will be assessed monthly on all past-due accounts (24% annually). A $50.00 fee will be charged for all returned checks. All overdue accounts shall lose discounts if payment is not received when due. Atomik, at its sole discretion, may refuse to ship any Products, on any basis, to past-due accounts. Legal title to all Products sold remains with Atomik until the Buyer pays the Products in full. Buyer agrees that Atomik retains a security interest in all Products sold on credit until such Products are paid in full. In the event any action is begun by Atomik to collect on any past-due account, including but not limited to retaining an attorney, turning the account over to a collection agency, repossession, litigation, etc., the Buyer shall be responsible for and shall pay Atomik all costs of collection and fees incurred by Atomik and/or its assigns, including, without limitation, all reasonable attorney fees, and court costs. In the event of Buyer's bankruptcy or similar proceedings, collection costs shall include all costs and attorney's fees incurred in connection with such proceedings, including the fees of Buyer's counsel for attendance at meetings of creditors or other committees.

4a.  ORDERS; SHIPPING.  Atomik will use its best efforts to try and fill all orders. However, specific Products may become unavailable, and in such cases, Atomik reserves the right to fill the order with a similar product of equal or greater valued hold. Atomik reserves the right to cancel any order and ban I.P. addresses from our system. All shipments are F.O.B. Provo, Utah, unless otherwise noted by Atomik. Atomik will not be responsible for any Product shipping discrepancy reported more than thirty (30) days after Buyer has received the product (s). The Buyer usually decides the method of shipment of Atomik Products at checkout. Atomik ships through UPS, USPS, LTL, and other domestic and/or international shipping companies.

4b. RE-SHIPPING (Domestic only). If your order is returned to us, we will contact you to re-ship via UPS Ground. You might be required to pay for shipping a second time if you supplied us with an incorrect or incomplete address. Our system is automatic, so incomplete/wrong addresses can only enter by our system if you entered them.

4c. INTERNATIONAL SHIPPING. Please note that international orders (i.e., orders shipped to an address outside the U.S.) may incur duty, import taxes, customs charges, and/or other fees. Atomik does not quote, nor is Atomik responsible for these fees. Any fees on international orders are the sole responsibility of the Buyer. Export and Import rules are changing daily for all international orders. This email informs you that effective July 1, 2021, E.U. member states will collect value-added tax (VAT) for all goods entering the E.U. The VAT ranges from 17% to 27% depending on the E.U. member state, not including applicable duties or fees. All other countries have their own rules, and it is up to you as the customer to prepare for them. There are also risks with shipping internationally. Time in transit is something Atomik does not control, nor can we track your shipment once it has left the United States. We have seen USPS deliver packages 14 to 40 days from the day we ship, and they promise nothing to you. In addition, many orders get returned to us because Customs does not claim them in the arriving country or the address is incomplete. With any shipment, there is a risk the order will be lost and/or stolen. If your package is returned to us, you will only be refunded the product cost. If any of the other events happen, there is no refund available. When shipping your order, we will photograph the contents of your order and the package, along with supplying you with the tracking number(s). These photographs will be stored digitally in our system. We will do our best to ensure your order arrives from the USA. We suggest using UPS as an international shipper or arranging your shipping.

5a. RETURNS.  In the event Buyer desires to return undamaged and unused Products within thirty (30) days of purchase from Atomik, Buyer shall first call Atomik at 801.404.0280 or email Atomik at cs@atomikclimbingholds.com and request a Return Merchandise Authorization Number ("RMA Code"). No refunds are eligible outside the 30-day return policy. Atomik may preauthorize the return by issuing an RMA Code. Atomik shall accept only returns that have been given an RMA Code and returned in salable and undamaged condition. Returns are sent at the Buyer's expense by the following carriers: UPS, FedEx, and DHL. No returns shall be accepted without an RMA Code. Buyer shall be credited only for Products returned by this Return Policy, which are undamaged, resalable, and determined at Atomik's sole discretion.   All sales are final for the following Products, and these products are not returnable or refundable:  (a) all rush orders; (b) all custom orders; (c) all climbing anchors/devices, auto belays and/or accessories, and (d) all discontinued Products. Shipping is not refunded. If a product is returned and is not eligible for a refund, the product will be disposed of by Atomik and not returned to the customer.

 5b. COLOR RETURNS.  If uncertain of color hue, the Buyer must purchase COLOR SAMPLES which are not returnable. Computer screens are all different in terms of the color you see locally. For color comparison, please see our COLOR CHART.

5c. Special Use. Life-saving equipment, including True Blue Auto Belays, are not returnable.

5d. REFUNDS. Returns will be processed in 1 to 10 business days from the date they are received. After the refund is processed, the funds may take over 14 business days to appear in your account—this is due to your bank account, not Atomik's.

6. LIMITED WARRANTY. Unless otherwise stated in writing, Atomik Products are covered by a limited lifetime warranty against breakage to the original Buyer. This limited warranty against breakage only covers defects in materials and workmanship in the Products. Color fading on the Products over time is normal and is excluded from this limited warranty. MODIFYING ANY Product AND/OR DAMAGE TO ANY Products THAT ARISES FROM OR IS RELATED TO NORMAL USE AND WEAR, ABUSE, OR ACCIDENTS; MODIFICATION; IMPROPER PREPARATION, INSTALLATION OR USE; IMPROPER CLEANING; FAILURE TO FOLLOW ANY RELEVANT INSTRUCTIONS; AND/OR THE LIKE IS NOT COVERED BY THIS LIMITED WARRANTY AND COMPLETELY VOIDS THIS LIMITED WARRANTY.

Other than as described above, ATOMIK MAKES NO OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY AS TO THE DESIGN, CONDITION OR QUALITY OF MATERIALS AND/OR WORKMANSHIP OF ANY Products TO THE BUYER OR ANY OTHER PERSON WHATSOEVER. ATOMIK EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), AND PRODUCT LIABILITY OR OTHERWISE, EVEN IF ATOMIK OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUYER AGREES THAT ITS FULL REMEDY AGAINST ATOMIK FOR ANY LIABILITY, CLAIMS, OR DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. Currently, IRREVOCABLE WAIVES ALL CLAIMS FOR ANY OTHER DAMAGES BUYER MAY HAVE.

7a. WARRANTY CLAIMS. Suppose Buyer desires to return any Products that Buyer believes to be covered by Atomik's limited warranty. In that case, the Buyer shall text photos of the product in question to 801.404.0280 or email them to cs@atomikclimbingholds.com, describing the issue and how it occurred. Atomik reserves the right to make all warranty determinations, including but not limited to repair replacement, refund, or credit for the product at issue at Atomik's sole discretion. If Atomik determines a warranty issue, Atomik may either replace the Products or refund or credit the Buyer's account at Atomik's sole discretion.

7b. COLOR WARRANTY. If the Buyer purchases a color, they do not want or mistakenly ordered the wrong color, the Buyer shall return the product at their own expense and place a new separate order should they still wish to receive it. Atomik does not do exchanges.

7c. CUSTOM COLORS. Atomik's standard colors are Assorted Bright ( red, blue, green, yellow, orange ) and Assorted Earth Tones ( rust, brown, gold, grey, moss green ). Solid-colored sets and orders and Custom Color Combinations are considered CUSTOM and are ineligible for returns, refunds, or account credit.

8. BUYER REPRESENTATIONS. Buyer represents and warrants that: (a) Buyer is solely responsible for determining whether the Products are suitable for Buyer's use and site and for the conditions onsite where the Products will be used; (b) Buyer and/or Buyer's representatives and/or agents are solely responsible for knowing and performing the proper installation and use of the Products, and for ensuring that all installation and use of the Products is performed correctly and by all relevant Instructions; (c) Buyer and/or Buyer's representatives and/or agents shall have final approval and assume all responsibility for all such installation and use. Atomik, at this moment, explicitly disclaims all responsibility for any claims, damages, or loss related to or arising from such installation and/or use. BUYER currently RELEASES AND HOLDS ATOMIK HARMLESS FROM ANY INJURY ATOMIK SUFFERS THAT ARISES FROM OR IS RELATED TO, OR WHICH OCCURS AS A RESULT OF, BUYER'S BREACH OF THESE REPRESENTATIONS AND WARRANTIES. BUYER, AT THIS MOMENT, AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND ATOMIK, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEY FEES AND COURT COSTS, ARISING OUT OF ANY CLAIMS OR SUITS FOR DAMAGE OR INJURY TO ANY PERSON OR PROPERTY BASED IN WHOLE OR IN PART ON, ARISING OUT OF OR RELATED IN ANY WAY TO, THE BUYER'S BREACH OF THESE REPRESENTATIONS AND WARRANTIES.

BUYER ACKNOWLEDGES THAT ATOMIK HAS SET ITS FEES AND SOLD ITS Products TO BUYER IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PARTIES AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS AND CONDITIONS WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

9. LAW, JURISDICTION & VENUE. These Terms and Conditions of Sale shall be governed by and enforced by the domestic laws of Utah without giving effect to any choice of law provision that would cause the application of the laws of any jurisdiction other than Utah, irrespective of the fact that anyone of the parties now is or may become a resident of a different state or nation. All disputes arising out of or in connection with the Products, if not resolved between the parties within thirty (30) days of notification of the such dispute, shall be mediated within ninety (90) days of either party's notice to the other to participate in mediation before a mediator in Provo, Utah. If mediation is unsuccessful in resolving the dispute, either party may begin litigation. Each of the parties submits to the exclusive jurisdiction of any appropriate state or federal court sitting in Provo or Salt Lake City, Utah, any action or proceeding arising out of or relating to the Products provided by Atomik and agrees that all claims in respect of the activity or proceeding shall be heard and determined in any such court. Each of the parties at this moment waives any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waives any bond, surety, or other security that might be required of any other party. Suppose any provision of this agreement is held to be invalid or unenforceable under any applicable statute or the rule of law. In that case, the affected provision shall be curtailed and limited only to the minimum extent necessary to bring said provision within the legal requirements. This Agreement, as so modified, shall continue in full force and effect.

1. MODIFICATION. Atomik reserves the right to modify, without notice, these Terms and Conditions and all prices, Products. Possession of the price list does not automatically entitle the Buyer to the Products or fees set forth therein.