Terms of Service
OSSO membership includes an OSSO tool and 12 months of access to the OSSO app. Billing for the 12-month membership is either annual or quarterly, depending on the subscription selected.
In order to use the Membership, you must subscribe, pay all applicable subscription fees ("Membership Fees") when due, and create an account ("Account"). You agree to provide true, accurate and complete information and to update and keep current your Account information. You may not choose or use as a username the name of another person to impersonate that person, or use as a username a name that is subject to the rights of a person other than you without proper authorization. You are solely responsible for all activities that occur under your account and for maintaining the confidentiality and security of your account password. You may never use another person's account or registration information for the Services without permission. You agree to notify us immediately of any change in your authorization to use the Services, any breach of security, or any unauthorized use of your account or password. You may never publish, share or post the login information for your account. You have the option to delete your account, either directly or by making a request to one of our employees or affiliates. OSSO will not be liable for any loss or damage resulting from your failure to comply with this section.
3. USE OF THE SERVICES
Various company, product and service names displayed on the Services may be trademarks or service marks owned by others ("Third Party Marks"). Your use of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third Party Mark displayed on the Services. Third Party Marks may not be used to disparage any third party, its products or services, or in any manner that could, in our reasonable judgment, damage the reputation of any Third Party Mark.
The Services include access to links to, as well as content, recommendations and data from, third party websites, products and services ("External Services"). These External Services are provided solely as an additional benefit to you, do not constitute an endorsement by us of the content, recommendations and data provided on or through these External Services, and may be subject to separate legal terms between you and third parties. The content, recommendations and data on these External Services are developed and provided by others. In addition, the Services provide access to content, recommendations and data posted, stored or displayed at the direction of users of the Services, for which we assume no responsibility or liability to the extent permitted by law.
The Services are for personal use only and may not be used in connection with any commercial endeavor unless expressly authorized by OSSO. The following actions are expressly prohibited: (i) collecting usernames and/or email addresses of other users, electronically or otherwise, for the purpose of sending unsolicited emails or other communications; (ii) any use of the Services that, in our sole discretion, adversely affects the reliability, speed or operation of the Services or the underlying hardware or software; (iii) the use of any method for web scraping, web harvesting, or extraction of web data from OSSO, even if the Account Holder has given its consent; and (iv) any use of the Services that is unlawful or in violation of this Agreement.
4. NOTICE OF TERMINATION
If you have been provided with a free membership, OSSO reserves the right to modify or discontinue, temporarily or permanently, such free membership, your account and your access to the Services at any time, with or without notice. Unless modified or discontinued by OSSO in its sole discretion, your free membership will continue until the end of the applicable free membership period or until you cancel or upgrade to a paid membership.
Unless otherwise stated, no membership fees will be refunded even if you stop using the Services. Your membership will begin as soon as you activate your OSSO App or thirty (30) days after you ship your OSSO Tool, whichever is earlier. Subject to our warranty and return policy, you may cancel your monthly membership no earlier than 12 months. The joining fee also covers the cost of your OSSO Tool, and you retain ownership of your OSSO Tool after you terminate or cancel your membership and pay the joining fee.
If membership fees due are outstanding for a period of three (3) days or more, your account will be placed in an inactive state. In this inactive state, you will not be able to use the OSSO App. Upon appropriate payment, your account will be reactivated and you will be able to use the full functionality of the membership and your OSSO device.
Upon cancellation or termination, all licenses granted to you herein shall automatically terminate, your right to use the Services shall cease, and your User Content, as defined below, shall no longer be available to you through the Services.
You may receive assistance and maintenance as described in OSSO's FAQs or as provided in your subscription.
6. FITNESS-RELATED CONTENT
Content available through the Services may include exercise recommendations and other media designed to help you achieve your health, fitness and wellness goals. You acknowledge and agree that OSSO is not a health care provider, personal trainer or fitness coach and that the Services (including any recommendations and information available through the Services that give the appearance of personalization) may not be appropriate for you. OSSO does not guarantee that any particular results will be achieved by using the Services.
7. PAYMENT OF FEES
c. Payment Method. The terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the payment method you choose. In the event that we do not receive payment from you through a payment processor, you agree to pay all amounts due on your billing account upon demand.
The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
c.1. When choosing a payment method offered via the payment service "Shopify Payments", payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Licensee in the Licensor's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Licensee may be separately referred. Further information on "Shopify Payments" can be found at https://www.shopify.com/payments.
c.3. If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes.
d. Recurring Billing. Membership payment terms may consist of an initial period for which a one-time fee will apply, followed by recurring fees to which you have agreed. By choosing a recurring payment plan, you acknowledge that these membership fees will be paid with an initial and recurring payment, and you accept responsibility for all recurring fees prior to termination. We may charge recurring fees (e.g., quarterly or annually, depending on your subscription) without further authorization from you until you provide us with notice (receipt of which will be confirmed by us) that you have terminated such authorization or wish to change your payment method. Such notice will not affect any charges incurred before we could reasonably act. To terminate your authorization or change your payment method, go to Account Settings at https://app.osso.fitness.
e. Current Information Required. You must provide current, complete and accurate information for your billing account. You are required to promptly update all information for your billing account to keep it current, complete and accurate (e.g., a change in billing address, credit card number or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is terminated (e.g., if lost or stolen) or if you become aware of a possible breach of security, such as unauthorized disclosure or use of your username or password. Changes to this information can be made in your account settings at https://app.osso.fitness. If you fail to provide any of the above information, you agree that we may continue to bill you for all subscription fees under your billing account unless you have cancelled your subscription as described above.
f. Automatic Renewal. Membership will automatically renew for successive twelve (12) month periods. You will be notified by email at least thirty (30) days prior to the effective date of the automatic renewal. To change or cancel your membership, go to Account Settings at https://app.osso.fitness. If you cancel your membership, you may continue to use it until the end of the current term, and your membership will not be renewed after the end of the current term. However, you will not be entitled to a prorated refund of the membership fee paid for the current term. If you wish to stop paying recurring fees, you must cancel or terminate your membership before the end of the current term. Your membership may not be terminated effective prior to the end of the term for which you have already paid, and OSSO will not refund any amounts already paid to you except as expressly provided in these Terms.
g. Reaffirmation of Authorization. If you do not cancel or continue to use your membership, you acknowledge that we are authorized to charge your payment method for that membership or to require you to pay those charges. Your payment method may be charged for these fees in advance as described.
8. DISCLAIMER OF WARRANTY
We have taken all reasonable care in providing the Services. However, except as set forth in Section 16 and to the extent permitted by applicable law, the Services and Content are provided on an "as is" and "as available" basis without express or implied warranties of any kind. We hereby disclaim all implied warranties and representations, including but not limited to the warranties of merchantability, non-infringement, and fitness for a particular purpose.
We, our affiliates, our partners, our and their respective officers, directors, employees, agents, suppliers or licensors make no warranties or representations with respect to the Content (including User Content) or the Services, including but not limited to accuracy, reliability, completeness, timeliness or dependability.
Neither we nor our affiliates or partners warrant that the information provided to users through the Services is error-free, accurate or complete, or that there are any errors, mistakes or omissions therein, or that there will be any delays or interruptions in the flow of data or information for any reason. Further, we do not warrant that the Services will be error-free or that the Services or Content are free of computer viruses or similar malware. If your use of the Services or Content results in the need for servicing or replacing equipment or data, we are not responsible for those costs. You agree that you use the Services and Content at your own risk.
9. LIMITATION OF LIABILITY
Our liability to you for failure to provide the Services with reasonable skill and care shall be limited to the total amount of the Membership Fees paid by you, and for any other loss or damage suffered by you, whether direct or indirect (including, without limitation, lost profits or damages due to loss of data or business interruption), arising out of the use or inability to use the OSSO Tool, , Services and/or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, our liability shall be limited to one hundred Euros. Cases of product liability and our liability for damages to life and limb remain unaffected.
10. CHANGES IN SERVICES
• Apple is under no obligation to provide any maintenance or support services with respect to the Apple-Enabled Software.
• Apple has no responsibility for product warranties, express or implied. If the Apple-Enabled Software does not conform to the applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Apple-Enabled Software to you to the extent possible. And, to the extent permitted by applicable law, Apple shall have no other warranty obligations with respect to the Apple-Enabled Software or any other claims, losses, liabilities, damages, costs or expenses attributable to the failure to conform to any warranty that are the sole responsibility of OSSO, to the extent not precluded by applicable law.
• OSSO and you acknowledge that OSSO, and not Apple, is responsible for addressing any claims by you or third parties relating to the Apple-Enabled Software or your possession and/or use of such Apple-Enabled Software, including but not limited to: (i) product liability claims; (ii) claims that the Apple-Enabled Software does not comply with applicable legal or regulatory requirements; and (iii) claims arising under consumer protection or similar laws.
• In the event that a third party claims that the Apple-Enabled Software or the End User's possession and use of the Apple-Enabled Software infringes that third party's intellectual property rights, as between OSSO and Apple, OSSO, and not Apple, shall be solely responsible for the investigation, defense, settlement and termination of any such intellectual property infringement claim.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a country that "supports terrorists" and (ii) you are not on a U.S. government list of prohibited or restricted parties.
If you have any questions about the Services, please submit your request at support.osso.fitness. Our postal address is OSSO Fitness, Miker Str. 37, 42105 Wuppertal Attn: Legal Department.
13. RIGHT OF REVOCATION AND TERMINATION OF MEMBERSHIP
Right of withdrawal. You have the right to revoke the contract for your membership without giving any reason within fourteen (14) days. The revocation period begins with receipt of the OSSO tool.To exercise your right of revocation, you must inform us by means of a clear statement (e.g. letter or e-mail) of your decision to revoke this contract. The revocation can
• By e-mail to firstname.lastname@example.org
• or by mail to OSSO Fitness, Mirker Str. 37, 42105 Wuppertal, Attn: Legal Department.
be addressed to us. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation. In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. This means in detail that you will be refunded any membership fee paid as well as delivery costs within fourteen (14) days after exercising the right of withdrawal. The refund will be made using the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We will not charge you any additional fee for the refund.
You must return the OSSO tool received with the conclusion of the membership to us at your own expense within fourteen (14) days after declared revocation. For this purpose, please request a return label from us at email@example.com, which will be provided to you immediately. The return shipping costs will be automatically deducted from your refund amount.
We have the right to withhold reimbursement until we have received the OSSO tool back or until you have provided proof that you have returned it, whichever is earlier.
You shall only be liable for any loss of value of the OSSO tool if the loss of value is due to your handling of the OSSO tool which was not necessary for the examination of the condition, properties and functionality of the goods.
Once a return is requested, the member account associated with the OSSO tool will be deleted and you will no longer be able to access it.
Cancellation of Membership. Cancellation rights we grant you to cancel your membership within the first fourteen (14) days after you receive the OSSO tool. Cancellation must be made in writing by email to firstname.lastname@example.org (Neue Welt Brands GmbH, Mirker Straße 37, 42105 Wuppertal, Germany, tel: +4920226155700) You may use the attached model cancellation form, but it is not obligatory.
You must return the OSSO Tool to us at your own expense within thirty (30) days after exercising your right to cancel. For this purpose, you request a return label from us at email@example.com, which will be provided to you immediately. Any membership fee you have already paid will be refunded to you by us within thirty (30) days of receipt of the OSSO device. The return shipping charges will be automatically deducted from your refund amount.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
After fourteen (14) days, you have the right to cancel your membership at the end of the respective subscription period. In this case, you are obliged to return the OSSO Tool to us at the end of your membership. The return procedure is the same as the return procedure in case of cancellation.
OSSO TERMS OF SALE
We reserve the right to change these terms of sale at any time. Therefore, you should review the Terms of Sale each time before you make a purchase from the Store. Each time you order products, the Terms of Sale in effect at that time will apply. If you have any questions about these Terms of Sale, you may contact OSSO at the following email address: firstname.lastname@example.org. In these Terms of Sale, all words following the term "including" or any similar term are intended to be illustrative and do not limit the meaning of any words, descriptions, definitions, phrases or terms preceding such terms.
While all of these terms of sale are important, you should pay specific attention to the following: (a) Payment Obligations (Section 5), (b) Disclaimers (Section 10), and (c).1. INTRODUCTION
All products offered in the store are subject to availability. We reserve the right to set quantity limits for any order, to refuse an order in whole or in part, and to discontinue offering certain products without prior notice.
We make no representations or warranties as to the completeness, accuracy, reliability, validity or timeliness of any listings, descriptions or images (including, without limitation, any features and specifications such as weights and sizes) for products available through the Store. Such information and the availability of products are subject to change at any time without notice. We make reasonable efforts to accurately represent the characteristics of the Products, including the corresponding colors. However, the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will display such colors correctly. Warranty rights for defects remain unaffected.
Prices are quoted in the currency applicable to the location you have selected. Your total price for the Products includes the price of the Products in your order plus applicable sales tax and shipping charges, less any discounts offered.
We reserve the right to change prices at any time. However, changes will not affect orders for products you have already placed before the price change. We do not offer a price guarantee or refund in the event of a price reduction or promotional offer. In the event that a product is listed at an incorrect price due to typographical or similar error, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price paid.
Terms. All payment terms displayed to you at the time of purchase of your Products shall be deemed to be part of these Terms of Sale and are incorporated herein by reference. For all orders, OSSO will charge and collect sales tax in accordance with applicable laws. By specifying a credit card or other payment method accepted by OSSO, you represent that you are authorized to use the specified payment method and that you authorize us (or our Payment Processor (as defined below)) to charge your payment method for the total amount of your order (including all applicable taxes and other fees). If the payment method you provide cannot be verified, is invalid, or is not accepted for any other reason, your order may be suspended or canceled. You must resolve any payment issue we identify in order to proceed with your order. If you wish to change or update the payment information associated with your account, you may do so at any time by logging into your account at https://app.OSSO.com and editing your payment information.
Payment Method. The terms of your payment will depend on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. In the event that we do not receive payment from you through a payment processor, you agree to pay all amounts due on your order and/or account upon demand.
5. RESALE AND TRANSFER OF OWNERSHIP
Purchases made in the store are for end users only and not for resale. We reserve the right to refuse or cancel your order if we suspect that you are purchasing products for resale.
6. SHIPPING AND DELIVERY
Our delivery charges and methods are as described on the store website. The estimated arrival or delivery date is not a guaranteed delivery date for your order and you agree that we are not liable for late deliveries. Undeliverable shipments will be returned to our warehouse. Items returned in this manner may take up to 45 days to be identified as refused and processed for a refund.
Right of withdrawal. You have the right to revoke the contract for a product purchase without giving any reason within fourteen (14) days. The revocation period is fourteen (14) days beginning with the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In the case of digital content that is not delivered on a digital data carrier, the revocation period begins on the day the contract is concluded.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. letter or e-mail). The revocation can
• By e-mail to email@example.com
• or by mail to OSSO, Mirker Str. 37, 42105 Wuppertal, Germany.
be addressed to us. To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation. If you revoke the contract, we will refund all payments we have received from you, including delivery costs. The delivery costs will only be refunded in the amount of the cheapest standard delivery offered by us. You shall bear the costs for returning the products to us. The refund will be made without undue delay, but no later than fourteen (14) days after we have received the notification of your withdrawal. For this refund, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you. We will not charge you any fee for the repayment.
You must return or hand over the goods to us without delay and in any case no later than within fourteen (14) days beginning on the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
We have the right to refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You only have to pay for any loss of value of the goods if the loss of value is due to your handling of the goods which was not necessary for the inspection of the condition, properties and functionality of the goods.
Voluntary Returns. In addition to your right of withdrawal, we take back goods according to the following conditions:
Return Policy. You can request the return via support.osso.fitness. In case of return, you will be refunded the purchase price paid. The delivery costs will not be refunded. You as the customer are responsible for the return shipping costs. If you have purchased the goods as part of your OSSO membership, OSSO will bear the costs of the return shipment. If you have exercised your right of return, you are obligated to return the goods to us within fourteen (14) days of requesting the return. We have the right to refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
8. LIABILITY, EXCLUSION OF SUBSEQUENT PERFORMANCE AND WITHDRAWAL, PERFORMANCE PERIOD
a. With the exception of the circumstances regulated in the following lit. b), liability for damages or compensation for futile expenses in the event of breaches of duty that goes beyond the liability for defects in accordance with the above clause 7. is excluded, irrespective of the legal nature of the claim asserted. This shall also apply if and to the extent that there are breaches of duty by our legal representatives or vicarious agents.
b. The exclusion of liability contained in the above paragraph shall not apply in the event of claims by the Buyer based on the Product Liability Act, not in the event of injury to life, limb or health attributable to us, not in the event of grossly negligent or intentional breaches of duty, not in the event of a breach of a material contractual obligation and not insofar as a guarantee has been granted or acted fraudulently. In such cases we shall be liable in accordance with the statutory provisions. In the event of a breach of an essential contractual obligation due to simple negligence, however, our liability shall be limited to compensation for typical, foreseeable damage.
c. Due to a breach of duty that is not based on a defect in the goods, the buyer may only withdraw if the circumstance entitling him to withdraw is based on a fault for which we are responsible and the breach of duty is so significant that the buyer cannot reasonably be expected to adhere to the contract.
d. If a deadline set by the purchaser for performance has expired fruitlessly and the purchaser does not comply with our subsequent request within a further reasonable period set by us for this purpose to clarify whether the purchaser will adhere to its claim for performance or demand damages instead of performance, the claim for performance shall be excluded after expiry of the reasonable period associated with this request.
a. All claims and rights of the purchaser, irrespective of the legal grounds, shall become statute-barred within one year, unless our liability is based on intentional action.
b. Notwithstanding the above principle, the statutory limitation period shall apply in the following cases:
For claims for defects, insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition,
For recourse claims of the buyer within a supply chain according to § 478 BGB,
For claims for damages or claims for reimbursement of futile expenses arising from injury to life, limb or health,
For claims under the Product Liability Act.
10. PRIVACY AND E-MAIL ADVERTISING
When you order through the store, we collect and store your email address. From that point on, we will use your email address to send you information about our products and services, unless you opt out of such emails.
OSSO may, in its sole discretion, provide you with notices required by law or for marketing or other purposes by email to the primary email address associated with your account, in hard copy, or by posting such notice on the OSSO website unless a specific form (e.g., in writing) is required by law. OSSO is not responsible for any automatic filtering of email notifications that you or your carrier may apply. OSSO recommends that you add @OSSO.com URLs to your email address book to ensure that you receive email notifications from OSSO. For email notifications, the date the message is sent is the date of transmission.
12. NO ASSIGNMENT
These Terms of Sale and all rights and licenses granted herein may not be transferred or assigned by you, but may be assigned by us without restriction, provided that such assignment does not affect your rights under these Terms of Sale. These Terms of Sale will inure to the benefit of our successors and permitted assigns.
13. SEVERABILITY CLAUSE
If any provision of these Terms and Conditions of Sale is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Sale, which shall remain in full force and effect. It is the express intention of the parties that this provision shall not be interpreted as a mere reversal of the burden of proof, but as a contractual waiver of Section 139 of the German Civil Code in its entirety.
14. EXPORT CONTROLS
You will not export or re-export, directly or indirectly, the Products or Services or any related technical information to any destination or person prohibited or restricted by applicable law, including, but not limited to, U.S. export control laws and regulations.
15. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions of Sale and all disputes arising out of or in connection with them (including non-contractual disputes) shall be governed by German law.
You may take legal action with respect to the Products or these Terms of Sale in German courts. If you reside outside of Germany, you may also take legal action with respect to the Products or these Terms of Sale in the EU member state in which you reside. This does not exclude the possibility of taking legal action in other countries.
If you have any questions about the products or these Terms of Sale, please contact us by email at firstname.lastname@example.org. Our postal address is OSSO Fitness, Mirker Str. 37, 42105 Wuppertal.
17. ADDITIONAL CONDITIONS
Additional terms and conditions may apply to certain products. In the event of a conflict between these Terms of Sale and the Additional Terms, the Additional Terms shall govern.
Acknowledgment of Risk: The user acknowledges and agrees that engaging in any physical exercise or training activities using the OSSO Device and the associated training program available through the app involves inherent risks. These risks include, but are not limited to, the risk of physical injury, overexertion, and other potential health hazards.
Assumption of Risk: By using the OSSO Device and participating in the training program, the user voluntarily assumes all risks related to potential injuries or damages that may result. It is recommended that users consult with a healthcare professional before starting any new exercise regimen or using new fitness equipment.
Release of Liability: OSSO Fitness shall not be liable for any injuries, damages, claims, or losses sustained by the user or any third party as a result of the use of the OSSO Device and the associated training program. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages, unless such damages are the result of intentional misconduct or gross negligence by OSSO Fitness.
Careful Use: The user agrees to use the OSSO Device and follow the training program instructions as provided by OSSO Fitness and/or as outlined in the app. Improper use of the device or failure to follow the program guidelines may increase the risk of injury.
Property Damage: OSSO Fitness is not responsible for any damage to property that may occur during the use of the OSSO Device or participation in the training program. The user assumes full responsibility for any such damages.
No Warranties: The OSSO Device and associated training program are provided 'as is' without any warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.