Power Plate DualSphere

Power Plate DualSphere

Ships within 5 business days | $15.95
    Regular price
    $119.00
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    Sale price
    $119.00

    $15.95 $15.95

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    Power Plate DualSphere

    Power Plate DualSphere

    $119.00

    Power Plate DualSphere

    $119.00
    Description
    Description

    Power Plate DualSphere

    The new Power Plate DualSphere is a great alternative to the traditional Percussion Massager. The Power Plate DualSphere like traditional massagers is designed to help relax and rejuvenate tight and sore muscles by promoting blood flow and fascia release. The DualSphere features 3 levels of Vibration Power and 1 Rhythmic Pulse level that oscillates between 2,000 and 2,700 vibrations per minute. The Power Plate DualSphere also features a 3-hour run time and a convenient USB charging port.

    Power Plate DualSphere Features:

    • Helps relax and rejuvenate tight and sore muscles
    • Promotes blood flow and fascia release
    • Accelerates exercise warm-up and recovery
    • Enhances range of motion
    • Reduces pain
    • 3 Hour run time
    • 3 Levels of power: 2,200 VPM, 3,300 VPM, 4,000 VPM (Vibrations Per Minute)
    • 3 Standard vibration levels and 1 Rhythmic Pulse level
    • USB charging method
    • 6.5"L x 3"W x 6"H

    Your Satisfaction with theĀ Power Plate DualSphere is Guaranteed:

    • The Lowest Price Guaranteed
    • 30 Day Returns
    • 1-Year Warranty
    • Free Shipping & No Sales Tax in the U.S.
    120% Price Match
    Financing
    Shipping
    Warranty

    Power Plate DualSphere

    The new Power Plate DualSphere is a great alternative to the traditional Percussion Massager. The Power Plate DualSphere like traditional massagers is designed to help relax and rejuvenate tight and sore muscles by promoting blood flow and fascia release. The DualSphere features 3 levels of Vibration Power and 1 Rhythmic Pulse level that oscillates between 2,000 and 2,700 vibrations per minute. The Power Plate DualSphere also features a 3-hour run time and a convenient USB charging port.

    Power Plate DualSphere Features:

    • Helps relax and rejuvenate tight and sore muscles
    • Promotes blood flow and fascia release
    • Accelerates exercise warm-up and recovery
    • Enhances range of motion
    • Reduces pain
    • 3 Hour run time
    • 3 Levels of power: 2,200 VPM, 3,300 VPM, 4,000 VPM (Vibrations Per Minute)
    • 3 Standard vibration levels and 1 Rhythmic Pulse level
    • USB charging method
    • 6.5"L x 3"W x 6"H

    Your Satisfaction with theĀ Power Plate DualSphere is Guaranteed:

    • The Lowest Price Guaranteed
    • 30 Day Returns
    • 1-Year Warranty
    • Free Shipping & No Sales Tax in the U.S.

    RecovAthlete's 120% Price Match Guarantee: Shop With Unmatched Confidence

    At RecovAthlete, we’re here to support your recovery and performance goals—without overpaying. Our 120% Price Match Guarantee makes sure you always get the best deal. If you find a lower price, not only will we match it, we’ll beat it by adding 20% of the price difference back to your refund.

    How It Works:

    • 60-Day Window: If you find the same item at a lower price from an authorized competitor within 60 days of your purchase, we’ll match it.
    • We Add 20%: Besides matching the price, we give you 20% of the difference back.
    • Same Currency: Price comparisons must be in the same currency as your original purchase.
    • MAP Policy Required: The competitor must be an authorized dealer of the product and follow a Minimum Advertised Price (MAP) policy set by the manufacturer.

    Terms and Conditions:

    • Eligible Products: Must be the same model, SKU, and from an authorized seller.
    • Verifiable Prices: We compare total verifiable selling prices (excluding taxes), including shipping.
    • Manual Review: Our team reviews all claims for validity and eligibility.

    Exclusions:

    • Used, refurbished, or secondary-market products
    • Wholesale, contract, or below-cost pricing
    • Marketplace sellers (Amazon, Walmart, Costco, etc.)
    • Flash sales, closeouts, clearance, or limited-time promos
    • Price matches can’t be combined with other RecovAthlete discounts or offers

    Our Ethical Pricing Pledge

    We don’t undercut manufacturers or sell below cost. We follow ethical pricing standards prioritizing fairness, brand integrity, and long-term trust.

    How to Submit a Claim:

    1. Get Proof: A screenshot, ad, or live link showing the competitor's lower price.
    2. Send Details: Include your order number, the product name, and the competitor info.
    3. Submit via Contact Page: [RecovAthlete Contact Us]
    4. Processing: Allow up to 6 weeks for verification and refund processing.

    With our 120% Price Match Guarantee, you can shop knowing you’ll never miss out on a better deal—because we’ll beat it.

    Power Plate DualSphere

    The new Power Plate DualSphere is a great alternative to the traditional Percussion Massager. The Power Plate DualSphere like traditional massagers is designed to help relax and rejuvenate tight and sore muscles by promoting blood flow and fascia release. The DualSphere features 3 levels of Vibration Power and 1 Rhythmic Pulse level that oscillates between 2,000 and 2,700 vibrations per minute. The Power Plate DualSphere also features a 3-hour run time and a convenient USB charging port.

    Power Plate DualSphere Features:

    • Helps relax and rejuvenate tight and sore muscles
    • Promotes blood flow and fascia release
    • Accelerates exercise warm-up and recovery
    • Enhances range of motion
    • Reduces pain
    • 3 Hour run time
    • 3 Levels of power: 2,200 VPM, 3,300 VPM, 4,000 VPM (Vibrations Per Minute)
    • 3 Standard vibration levels and 1 Rhythmic Pulse level
    • USB charging method
    • 6.5"L x 3"W x 6"H

    Your Satisfaction with theĀ Power Plate DualSphere is Guaranteed:

    • The Lowest Price Guaranteed
    • 30 Day Returns
    • 1-Year Warranty
    • Free Shipping & No Sales Tax in the U.S.

    What Is The Financing Recovathlete.com Offers?

    If you're considering getting a product, but don't have the cash or credit available to pay for one right now, you may be thinking about other financing options. We offer one of the best financing programs in the industry.Ā 

    We have partnered with the best financing companies to give you the best chance of qualifying for credit. You will be required to apply for financing. You will fill out a credit line application. You are subject to credit approval.Ā 

    RecovAthlete.com has no control over the financing decision. This is solely the lender's decision based on your creditworthiness.Ā 

    You'll usually get a decision within seconds and be able to purchase that brand new Pilates Machine of your dreams right from our website shipped directly to your door as fast as 3-10 business days.Ā 

    Enjoy Flexible Payments with Shop Pay


    Enjoy Flexible Payments with Shop Pay Seize the moment without compromising your budget. Choose Shop Pay at checkout for the freedom to spread your payments over time, without any hidden fees or surprises.



    CHOOSE 3, 6, OR 12 MONTHLY PAYMENTS

    For example, a $1,599 purchase might cost $157.27/mo over 12 months at 14.07% APR


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    About Shop Pay Installments

    TO PAY WITH SHOP PAY INSTALLMENTS:

    1. FillĀ your cart, thenĀ chooseĀ Shop Pay at checkout.
    2. ChooseĀ to pay in installments andĀ tapĀ Continue.
    3. SelectĀ the installments option that best suits you.
    4. ChooseĀ a debit or credit card to use for payment, then tap Continue.
    5. FollowĀ the steps to verify your identity—this usually takes just a few moments.
    6. If you agree to the terms,Ā clickĀ Agree, thenĀ tapĀ Authorize purchase.
    7. EnterĀ the 6-digit verification code that was sent to your phone.

    CHECKOUT EXPERIENCEĀ USING SHOP PAY INSTALLMENTS

    1. AddĀ items to your cart.
    2. CheckĀ out using Shop Pay.
    3. In the Payment method section,Ā selectĀ Pay in installments andĀ tapĀ Continue to payment plans.
    4. VerifyĀ any requested information andĀ selectĀ your preferred payment plan.
    5. SelectĀ a card to use as your payment method.
      Note: Monthly payments require a debit card. Credit cards are only accepted as payment methods on installment plans of 4 bi-weekly payments.
    6. ConfirmĀ your billing and shipping information is correct.
      Note: Your address needs to be in the United States. Ā 
    7. ClickĀ Continue.
    8. If required,Ā enterĀ the 6-digit code sent by Shop Pay to your phone.Ā 
    9. If you agree to the terms,Ā selectĀ the Agree checkbox and thenĀ completeĀ your purchase.Ā If you don’t agree to the terms and conditions, then you can’t pay using Shop Pay Installments. Ā 


    After you select Shop Pay Installments,Ā reviewĀ your purchase. Your payment schedule will be determined by the installment option you select, and you’ll get an email reminder before each payment is charged in case you want to change your payment method.

    INSTALLMENTS

    Shop Pay offers you the option to pay in full at checkout, or to split your purchase into regular payments with Shop Pay Installments. Installment options vary by store and can be used on orders over $50 USD, including discounts, shipping, and taxes.

    FEES OR PENALTIES

    For purchases split into 4 bi-weekly payments, there are no additional charges or interest rates applied. Purchases split into monthly payments may be subject to interest.

    You can pay your balance off early without penalty.

    There are no late fees. However, partial or late payments may affect your ability to use Shop Pay Installments in the future.

    CREDIT SCORES AND ELIGIBILITY

    Your credit scores aren't impacted if your purchase is split into 4 bi-weekly payments using Shop Pay Installments. If your purchase is split into monthly payments, then your payments may be reported to a credit bureau.
    Ā 
    To use Shop Pay Installments, your shipping address needs to be in the United States.Ā 
    Ā 

    RESTRICTED ITEMS

    There are some items that you can’t use Shop Pay Installments to purchase, including, but not limited to:

    • Cash advances
    • Illegal items and activities
    • Weapons, including parts and accessories
    • Narcotics
    • Regulated products such as alcohol, tobacco, or drug paraphernalia
    • Currency, including cryptocurrency
    • PayPal, Venmo, and other money transfer services
    • Loan and credit card payments

    FAQS

    Q: What is Shop Pay?

    A: Shop Pay is a financing option that allows you to pay for your purchase over time with flexible monthly payments. With this payment option, you will not incur any interest charges on your purchase.

    Q: How do I qualify for Shop Pay Financing?

    A: To qualify for Shop Pay Financing, you must be 18 years of age or older and a resident of the United States. You will also need to have a valid social security number and a credit or debit card in order to apply.

    Q: How do I apply for Shop Pay Financing?

    A: Applying for Shop Pay financing is easy! Simply select "Financing" as your payment method at checkout and follow the prompts to complete your application. If approved, you'll be able to pay for your purchase over time with flexible monthly payments.

    Q: How long does it take to get approved for Shop Pay Financing?

    A: In most cases, you will know if you've been approved for financing within seconds! However, in some cases it may take up to 3 business days for your application to be fully processed.

    Q: How long do I have to pay off my financing balance?

    A: Your financing balance will need to be paid off within 6, 12, 18, or 24 months depending on the amount of your purchase. You will be able to see your repayment terms before you finalize your financing application.

    Q: Is there a minimum purchase amount required in order to finance my order?

    A: Yes, in order to use Shop Pay Financing, your purchase must be at least $35.00.

    Q: How do I make payments on my financing balance?

    A: Shop Pay will automatically deduct your monthly payment from the credit or debit card that you used to finance your purchase. You can log in to your Shop Pay account at any time to view your balance, make a payment, or update your payment method.

    Q: What if I can't make a payment?

    A: If you are having trouble making a payment, please reach out to Shop Pay's customer support team for assistance.

    Q: What is the interest rate for Shop Pay Financing?

    A: There is no interest charged on financing balances when you use Shop Pay! However, please note that late or missed payments may result in additional fees.

    Q: Are there any other fees associated with Shop Pay Financing?

    A: There are no additional fees when you use Shop Pay to finance your order. However, please note that late or missed payments may result in additional fees.

    Q: Who do I contact if I have more questions about Shop Pay Financing?

    A: For more information about Shop Pay Financing, please visit their website or reach out to their customer support team.


        Power Plate DualSphere

        The new Power Plate DualSphere is a great alternative to the traditional Percussion Massager. The Power Plate DualSphere like traditional massagers is designed to help relax and rejuvenate tight and sore muscles by promoting blood flow and fascia release. The DualSphere features 3 levels of Vibration Power and 1 Rhythmic Pulse level that oscillates between 2,000 and 2,700 vibrations per minute. The Power Plate DualSphere also features a 3-hour run time and a convenient USB charging port.

        Power Plate DualSphere Features:

        • Helps relax and rejuvenate tight and sore muscles
        • Promotes blood flow and fascia release
        • Accelerates exercise warm-up and recovery
        • Enhances range of motion
        • Reduces pain
        • 3 Hour run time
        • 3 Levels of power: 2,200 VPM, 3,300 VPM, 4,000 VPM (Vibrations Per Minute)
        • 3 Standard vibration levels and 1 Rhythmic Pulse level
        • USB charging method
        • 6.5"L x 3"W x 6"H

        Your Satisfaction with theĀ Power Plate DualSphere is Guaranteed:

        • The Lowest Price Guaranteed
        • 30 Day Returns
        • 1-Year Warranty
        • Free Shipping & No Sales Tax in the U.S.

        30 Days Return Policy

        Performance Health Systems, LLC (PHS), a Delaware limited liability company, sets forth its Sales Terms and Conditions, governing all dealings involving POWER PLATEĀ® products and services. These terms are designed specifically for transactions involving products purchased, delivered, and utilized within the United States. Customers engaging in transactions through www.powerplate.com or via PHS's telephone sales team implicitly accept these terms.

        Customers should note that any additional or differing terms they propose are not valid unless formally acknowledged in writing by an authorized PHS representative. Therefore, it's imperative for customers to fully understand these conditions before engaging in any transactions with PHS.

        Should customers not agree with these terms, PHS advises against purchasing their products.

        Key Points:

        • PHS Role: PHS is both the manufacturer and authorized distributor of Power PlateĀ® products in the U.S.
        • Intended Market: Product sales are aimed at U.S. residents.
        • Website Transactions: Purchases or orders through PHS’s website or telephone sales team bind the customer to PHS’s Privacy Policy and Website Conditions of Use.
        • Terms Subject to Change: The website and terms can be updated without prior notice, with current terms at the time of order placement being applicable.
        • Language: In case of translations, the English version of these terms prevails.
        • Customer Definitions: "Commercial Customer" refers to non-consumer customers, while "Consumer Customer" aligns with the definition in the Magnuson-Moss Warranty Act (MMWA).
        • Order Acceptance: PHS reserves the right to accept or reject orders and to limit quantities.
        • Pricing: Prices, subject to change, exclude shipping, handling, taxes, and duties.
        • Taxes and Duties: Prices are F.O.B. origin, with additional charges for non-standard delivery services.
        • Shipping and Handling: PHS accepts orders for delivery in the U.S. and Canada, with estimated delivery times.
        • Product and Model Changes: PHS may update or discontinue products, with continued support for discontinued models for a specified time.
        • Return Policy: Customers can return Power PlateĀ®-branded products within 30 days of delivery for a refund, minus shipping and restocking fees.

        For returns, customers are advised to contact PHS through customercare@powerplate.com for assistance.

        Power Plate DualSphere

        The new Power Plate DualSphere is a great alternative to the traditional Percussion Massager. The Power Plate DualSphere like traditional massagers is designed to help relax and rejuvenate tight and sore muscles by promoting blood flow and fascia release. The DualSphere features 3 levels of Vibration Power and 1 Rhythmic Pulse level that oscillates between 2,000 and 2,700 vibrations per minute. The Power Plate DualSphere also features a 3-hour run time and a convenient USB charging port.

        Power Plate DualSphere Features:

        • Helps relax and rejuvenate tight and sore muscles
        • Promotes blood flow and fascia release
        • Accelerates exercise warm-up and recovery
        • Enhances range of motion
        • Reduces pain
        • 3 Hour run time
        • 3 Levels of power: 2,200 VPM, 3,300 VPM, 4,000 VPM (Vibrations Per Minute)
        • 3 Standard vibration levels and 1 Rhythmic Pulse level
        • USB charging method
        • 6.5"L x 3"W x 6"H

        Your Satisfaction with theĀ Power Plate DualSphere is Guaranteed:

        • The Lowest Price Guaranteed
        • 30 Day Returns
        • 1-Year Warranty
        • Free Shipping & No Sales Tax in the U.S.

        Performance Health Systems, LLC (PHS), a Delaware limited liability company, presents its Terms and Conditions of Sale, which are fundamental to all agreements, purchase orders, quotations, and sales of POWER PLATEĀ® products and services. These terms are specifically tailored for and applicable to products purchased, delivered, and used within the United States of America. When a customer (referred to as "Customer") engages in purchasing, placing orders, or shopping on the website at www.powerplate.com, or through PHS’s telephone sales team, they are implicitly agreeing to these Terms and Conditions.

        It’s crucial to understand that any terms or conditions proposed by the Customer that differ from or add to these Terms and Conditions are not recognized unless explicitly agreed to in writing by an authorized representative of PHS. Thus, the onus lies on the Customer to thoroughly read and understand these stipulations before proceeding with any transaction with PHS.

        1. Limited Warranties; Disclaimer of Warranties.
          1. Limited Warranty. With respect to Power PlateĀ®-branded Products, all such Products are subject to a limited warranty (the ā€œLimited Warrantyā€) against defects in material and workmanship under normal use for a period of one year after the date of purchase from PHS , unless otherwise stated in the limited warranty terms as included with such Product, as published in product guides or related literature and/or as made available on this Website or, in the case of optional extended warranties issued by PHS, such extended warranty documentation. With respect to Commercial Customers, the Limited Warranty extends only to Products sold to such Commercial Customer for either resale by Commercial Customer or use in Commercial Customer’s business.
          2. PHS’s Obligation Under Limited Warranty. PHS’s sole obligation under the Limited Warranty shall be, in PHS’s sole discretion, either to repair or replace Products or to refund the purchase price, during the limited warranty period when it has been determined by PHS that Product was defective as a result of manufacturing and not as a result of (i) improper use, storage or handling, (ii) the failure to maintain the Product with reasonable care, or (iii) abnormal conditions, including, without limitation, abuse, neglect, or catastrophe. PHS does not assume responsibility for delays in replacement of products subject to this Limited Warranty. PHS’S REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT, SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.
          3. NO WARRANTY OR AFFIRMATION OF FACT, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY STATED IN THE LIMITED WARRANTY STATEMENTS ABOVE, IS MADE OR AUTHORIZED BY PHS. PHS DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. PHS EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT: (i) ARE MERCHANTABLE; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER’S INTELLECTUAL PROPERTY RIGHTS.
          4. With respect to third party (i.e., non-Power PlateĀ®-branded) Product that may be available for purchase through this Website, such Product are sold by PHS AS IS. However, the third party manufacturer or supplier of such Product may offer its own warranties, and Customer agrees to look solely to such manufacturer or supplier for any warranty-related claims. Product purchased by end-users should be registered at www.powerplate.com.
          5. While PHS’s desire is to be responsive to Customer’s specific needs and questions, PHS does not assume responsibility for any specific use or application of any Product, including, but not limited to, compatibility with other equipment and fitness programs or regimens used by Customer or recommended to or by Customer. All statements, technical information or recommendations relating to PHS Product are based upon information believed to be reliable, but do not constitute a guaranty or warranty.
        2. LIMITATION OF LIABILITY. PHS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE, LOSS OF USE, INJURY OR DEATH OF ANY PERSON OR DAMAGE TO PROPERTY AS A RESULT OF OR ARISING OUT OF THE USE OF THE PRODUCT, OR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF A PRODUCT, PHS IS NOT RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE PRODUCT. THE REMEDIES SET FORTH IN THESE TERMS AND CONDITIONS SHALL APPLY EVEN IF THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
        3. Consumers. With respect to Consumer Customers, the following statements are made:
          1. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Consumer Customer. IF ANY IMPLIED WARRANTY IS PROVIDED UNDER THE MMWA, IT IS LIMITED TO THE DURATION OF THE LIMITED WARRANTY STATED IN SECTION 16(a) ABOVE.
          2. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Consumer Customer.
          3. The limited warranty stated in these Terms and Conditions gives Consumer Customer specific legal rights and Consumer Customer may also have other rights that vary from state to state.
          4. If applicable law limits the application of any of the provisions of these Terms and Conditions, then PHS’s liability will be limited to the maximum extent possible.
        4. Caution.
          1. YOU SHOULD CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAM, INCLUDING A PROGRAM INVOLVING THE USE OF THE POWER PLATE® MACHINE.
          2. 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.
          3. 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.
        5. PHS’s Performance of Services. In conjunction with Customer’s purchase of Product, PHS or its designated agents may perform certain services for Customer on Customer premises such as delivering, ordering, training, installing Product, or putting-away Product (collectively, the ā€œServicesā€). Customer will hold harmless, defend and indemnify PHS, 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 PHS or its designated agents related to the performance of Services for Customer (including without limitation, settlement costs, attorneys’ 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.
        6. Independent Contractors. PHS and Customer are independent contractors and not principal and agent. Nothing contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate PHS in any manner, nor will Customer represent to anyone that it has the right to do so.
        7. Force Majeure. PHS shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to, acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, 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 PHS in the conduct of its business. PHS shall not be liable for any such failure or delay in manufacture or delivery of Product as a result of any such matter or occurrence wholly or partially beyond its control. Quantities are subject to availability. In the event of shortage, PHS may allocate sales and deliveries in its sole discretion.
        8. Indemnification.
          1. Customer shall defend, indemnify and hold harmless PHS, its successors, assigns, affiliates, agents and contractors, and the officers, managers, directors and employees of each of them (each a ā€œPHS Indemnified Partyā€), from and against any damage, loss, claim, judgment or other liability or expense (including but not limited to reasonable attorneys’ fees) that may in any way relate to or arise out of any act or omission in connection with (i) Customer’s use of this Website and, (ii) except to the extent caused by PHS, the purchase, resale, use or misuse of Product by Customer, any third party or Customer’s successors, assigns, affiliates, agents and contractors, or the officers, managers, directors or employees of any of them. PHS 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.
          2. PHS will not be liable for personal injury or property damage arising out of (i) 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 authorized PHS service representatives; or (iii) use of supplies or parts that do not meet PHS’s specifications. Customer shall indemnify, defend and hold harmless each PHS 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.
          3. To the extent any claim is asserted against Customer as the buyer of a PHS product by any third party claiming that the PHS product infringes any patent, copyright or other intellectual property right of that third party, PHS agrees that it will protect and defend Customer from any such claim. As a condition to PHS’s obligation, Customer is required to promptly notify PHS of any such actual or threatened proceeding or claim against Customer and Customer agrees that PHS will have full authority and discretion to defend against such claim as PHS determines in its sole discretion. As to any such asserted claim, PHS shall have the right, in its sole discretion, to do any of the following: (i) obtain the right for Customer to use such infringing PHS product, (ii) replace the infringing PHS product with a non-infringing PHS product, (iii) modify the infringing PHS product so that it no longer is infringing, or (iv) requires Customer to return the infringing PHS product and reimburse Customer for the price which Customer paid therefore together with Customer’s costs of transportation.
        9. Miscellaneous.
          1. Assignment. Customer shall not assign any order, or any interest therein or in these Terms and Conditions, without the prior written consent of PHS. Any actual or attempted assignment without PHS’s prior written consent shall be void and shall entitle PHS to cancel such order upon notice to Customer.
          2. 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 PHS and Customer.
          3. No Third Party Benefit. 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 other than PHS, Customer and each PHS Indemnified Party.
          4. Waivers. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under these Terms and Conditions, and no act, omission or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other party.
          5. Severability. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable, but if the essential terms and conditions of these Terms and Conditions for each party remain valid, binding and enforceable, then the remaining provisions of these Terms and Conditions remain in full force.
          6. Reformation. If, at any time of enforcement of any provisions contained in these Terms and Conditions, an arbitrator, court or any similar judicial body determines that any such provision is unreasonable or unenforceable, or both, under circumstances then existing, the parties authorize and instruct such arbitrator, court or other judicial body to revise such covenant, right or remedy to cover the maximum extent, scope, duration and geographic area permitted by applicable law. If such arbitrator, court or judicial body refuses to do so, the parties agree that such provisions shall not be rendered null and void, but rather shall be deemed amended to provide for the maximum restrictions (not greater than those contained herein) reasonable or enforceable, or both as the case may be, under applicable law.
          7. Complete Agreement. The terms and conditions in: (i) PHS’s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogs or brochures; and (vii) extension of credit are incorporated herein by reference, and constitute the final, entire and exclusive agreement between Customer and PHS. Any attempt 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. 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.
          8. Headings. The section headings used herein 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.
          9. Rights and Remedies Cumulative. Any enumeration of PHS’s rights and remedies set forth in these Terms and Conditions is not intended to be exhaustive. PHS’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 PHS’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.
          10. Attorneys’ Fees. If PHS takes legal action against Customer for non-payment, or any other breach of these Terms and Conditions, and a court makes an award in PHS’s favor, PHS shall be entitled to recover from Customer PHS’s reasonable attorneys’ fees and costs incurred in the action.
          11. GOVERNING LAW. THE LAWS OF THE STATE OF DELAWARE (WITHOUT GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES) GOVERN ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES, INCLUDING, WITHOUT LIMITATION, ITS INTERPRETATION, CONSTRUCTION, PERFORMANCE AND ENFORCEMENT.
          12. DISPUTE RESOLUTION. ANY CLAIM OR CONTROVERSY BETWEEN THE PARTIES SHALL BE RESOLVED BY ARBITRATION, EXCEPT TO THE EXTENT THAT AN INJUNCTIVE ACTION IS REQUIRED BY EITHER PARTY TO PROTECT ITS CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY. A SINGLE ARBITRATOR ENGAGED IN THE PRACTICE OF LAW SHALL CONDUCT THE ARBITRATION IN CHICAGO, ILLINOIS UNDER THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL HAVE AUTHORITY TO AWARD COMPENSATORY DAMAGES ONLY. THE ARBITRATOR’S AWARD SHALL BE FINAL AND BINDING AND MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EACH PARTY SHALL BEAR ITS OWN COSTS AND ATTORNEYS’ FEES.

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