Product Terms and Conditions

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions ("Contract") that apply to your purchase from the Expedient Solutions Inc. dba NexGen Performance or nexgenperformance.com entity named on the packing slip / invoice ("NGP") that will be provided to you ("Customer") on orders for products sold in the United States and other international locations. By accepting delivery of the products described on that invoice, Customer agrees to be bound by and accepts these terms and conditions ("contract"). THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH nexgenperformance.com., IN IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Expedient Solutions Inc. dba NexGen Performance's sole discretion. Visit this page to review current Terms and Conditions of Sale which are binding on you.

  1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Expedient Solutions Inc. dba NexGen Performance ("NGP).
  2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
  3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within NGP's sole discretion, and unless otherwise agreed to by NGP payment must be received by NGP prior to NGP's acceptance of an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by NGP. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. NGP. may invoice parts of an order separately. Orders are not binding upon NGP until accepted by NGP Any quotations given by NGP will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. NGP reserves the right to limit the order quantity on any product and/or to refuse to ship product to any customer for any reason, or for no reason whatsoever, with or without prior notice.
  4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on NGP's invoice(s). Unless Customer provides NGP with a valid and correct tax exemption certificate applicable to the product ship-to location prior to NGP's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for  taxes on NGP's net income. If applicable, a separate charge for taxes will be shown on NGP.'s invoice.
  5. Title; Risk of Loss. Title to products passes from NGP to Customer on shipment from NGP 's facility. Loss or damage that occurs during shipping by a carrier selected by NGP is NGP 's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
  6. 6.      Warranties, Disclaimers. NGP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF' MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In addition to these Terms and Conditions, customer agrees to be bound by the acceptance of contract terms, if any, contained elsewhere in this site.
  7. Return Policies. NGP products that are purchased directly from NGP by an end-user Customer may be returned by Customer in accordance with NGP 's return policy in effect on the date of the invoice.
  8. Products. NGP 's policy is one of on-going product update and revision. NGP may revise and discontinue products at any time and are not responsible for typographical errors or misprints. NGP reserves the right to limit order quantity at any time without notice. Prices and promotions are subject to change without notice.
  9. Price Definitions and Promotions. "Retail price" is defined as the manufacturer's suggested retail price. "NGP price" refers to the product's non-promotional price on www.NexGenPerformance.com. "Sale price" is a limited time promotional price for the product.  NGP conducts periodic promotions related to shipping, products, and promotional codes. All offers are for a limited time only, and while supplies last. Offers cannot be applied to previous orders. Rain checks are not allowed. Acceptance of promotional codes is at the sole discretion of NGP Promotional codes offering percentile discounts shall only apply to the first $1,000 value of the order. NGP reserves the right to cancel an order if it believes that a fraudulent or abusive order has been placed.
  10. Limitation of Liability. NGP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS FOR ANY REASON. NGP WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
  11. Waiver of Jury Trial. The parties hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding or hearing brought by a party hereto or its successors or assigns on any matter whatsoever arising out of, or in any way connected with , this Contract, the relationship of the parties hereto, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.
  12. Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one retired judge of the Orange County Superior Court. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures which are available on request. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.  In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.  The arbitrator shall be required to follow and apply the laws of the State of California.   The costs of arbitration will be borne by the party initiating the arbitration, but the prevailing party, if any, will be entitled to recover reasonable fees and reasonable costs incurred in connection with that proceeding. To achieve a prompt and less costly determination, the parties waive the right to any discovery in such arbitration proceeding, and request that it be within 60 days of the appointment of the arbitrator.
  13. Class Action Waiver.  Except as otherwise required under applicable law, (1) NGP and Customer expressly intend and agree that class action and representative action procedures shall not be asserted, nor will they apply, in any action, arbitration or other proceeding arising out of or related to this Contract; (2) NGP and Customer agree that each will not assert class action or representative action claims against the other in arbitration or otherwise; and (3) NGP and Customer shall only submit their own individual claims in any action or arbitration and will not seek to represent the interests of any other person.
  14. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. NGP has separate terms and conditions governing resales.
  15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
  16. Acceptance. By ordering any product from NGP whether by clicking through over the internet, telephone, facsimile or otherwise, the customer agrees to be bound by these Terms and Conditions of Sale, as well as the "Acceptance of Contract Terms", if any, contained elsewhere in the NGP site.
  17. Subscriptions. When ordering using a subscription, the customer agrees and understands that the subscription orders will be made automatically at the customer's set interval. The customer understands that NGP is not responsible for cancelling the subscription for the customer. If the customer is having trouble cancelling the subscription, the customer can contact NGP to cancel the subscription for them. The customer understands that once an order has been shipped, it is considered complete and if the customer wants to return the item, they will have to follow the return policy.

 

All statements have not been evaluated by the Food & Drug Administration. NexGen Performance products are not intended to diagnose, treat, cure or prevent any disease

NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF 18. KEEP OUT OF THE REACH OF CHILDREN. Women who are pregnant, breast feeding or lactating, diabetics, hypoglycemics, and people with known medical conditions and/or taking drugs should consult with a licensed physician and/or pharmacist prior to taking dietary supplements. Read all label warning before taking any nutritional supplement. Drink at least 16-32 ounces of additional water per day when using this or any type of supplement.