Commercial Fitness Equipment
Standard Terms & Conditions
TAXES AND DUTIES
Unless otherwise noted, the price does not include any federal, state or local taxes, assessments or duties. Therefore, in addition to the price stated herein, any applicable sales, use or other taxes and government charges imposed by any governmental body upon the transaction shall be an additional charge and shall be the responsibility of the Buyer, unless the Buyer is exempt from such taxes and the Seller receives the Buyer's Certificate of Exemption prior to shipment.
TERMS OF PAYMENT
Unless otherwise indicated, the terms of payment are as they appear at the top of the quote or sales order documents. Seller reserves the right to require full or partial payment in advance of any shipment, or other payment arrangements whenever, in its judgment, the financial condition of Buyer does not justify shipment of the goods on the terms specified. If payment on the goods to Seller is in arrears, Seller shall have the right and option to withhold service and parts. Buyer agrees to pay all costs of collections, specifically including but not limited to reasonable attorney's fees and all court costs.
DELIVERY / INSTALLATION / CANCELLATION
Delivery to Customer shall be F.O.B. Commercial Fitness Equipment’s facility. Title and risk of loss shall pass to Customer upon Commercial Fitness Equipment's delivery of the equipment to a common carrier or to Customer, in either case, from Commercial Fitness Equipment's facility. Unless otherwise requested by Customer, delivery will be made by Commercial Fitness Equipment’s delivery crew, delivery firm selected by Commercial Fitness Equipment, or common carrier selected by Commercial Fitness Equipment. Commercial Fitness Equipment shall be bound to deliver the equipment only if this agreement has been signed by an authorized representative of Customer.
Customer agrees to accept delivery of goods on or within ten days from the date Commercial Fitness Equipment has received all goods necessary to fulfill Customer's order from the manufacturer(s). In the event customer is unable or unwilling to accept installation within the time frame specified above, customer agrees to arrange to store goods and remit payment as per the terms of this agreement. If Commercial Fitness Equipment is willing to provide assistance in storage of equipment, the same shall be stored at prevailing market rates. Commercial Fitness Equipment will make its best effort to accommodate customer's needs once a new timetable for delivery date is established, but can not guarantee labor rates or availability and/or product availability. All orders are treated as custom and made to order. A no-return policy will remain in effect unless other restocking fees / charges are agreed upon by Commercial Fitness Equipment in writing. In no event will Commercial Fitness Equipment be liable for any loss, damage, or expense due to late delivery or damage caused by contracted carriers. Customer’s notice of delivery schedule cancellation must be received by Commercial Fitness Equipment no less than twenty one (21) days prior to the confirmed delivery date and time. If the delivery cancellation is not received within that timeframe, the customer could be charged 20% of the total order, plus applicable storage and restocking fees.
Any delivery date stated under this contract is the Seller's best estimate and is based upon prompt receipt of all necessary information and payment from Buyer. Seller makes no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. Seller shall have no liability or other obligation hereunder if its performance is delayed or prevented to any extent by any event such as, but not limited to, any act of God, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, or any other cause beyond the Seller's reasonable control.
Should any Equipment arrive at Customer's destination in a damaged condition or should a shortage occur, Customer must report the nature and extent of the damage or shortage to Commercial Fitness Equipment within 5 days of delivery. In no case is any equipment to be returned to Commercial Fitness Equipment without Commercial Fitness Equipment 's prior written authorization. Returned equipment must be securely packed and shipped prepaid to Commercial Fitness Equipment. Customer acknowledges that charges for equipment removal or freight incurred are the sole responsibility of the Customer.
PAST DUE INVOICES
Invoices are due and payable on receipt unless otherwise specified. Commercial Fitness Equipment may impose a late charge and/or service charge equal to the lesser of 18% per annum (1-1/2% per month) or the maximum rate allowed by law upon any unpaid balance past due by more than 30 days. Customer shall promptly pay or reimburse Commercial Fitness Equipment for all sales, use, value added service, excise, or other taxes and similar assessments arising out of the purchase of the equipment. Customer shall be liable for costs of collections (including attorneys' fees) incurred by Commercial Fitness Equipment to collect payment due.
Until the purchase price for the equipment is fully paid, Commercial Fitness Equipment will have a purchase money security interest in the equipment and all additions or replacements thereto or proceeds thereof. Commercial Fitness Equipment may file financing statements under applicable law to evidence or perfect such security interest. Customer agrees to execute and deliver any such financing statements or other documents which Commercial Fitness Equipment deems appropriate in order to perfect or otherwise obtain the benefits of such security interest.
ASSUMPTION OF RISK / LIMITATION OF LIABILITY
The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. Commercial Fitness Equipment will not be liable for any direct, special, indirect or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will Commercial Fitness Equipment be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage; nor will Commercial Fitness Equipment 's liability to Customer (under contract, tort or otherwise) exceed the amount by Customer under this agreement for the relevant equipment.
Commercial Fitness Equipment makes no warranties, express or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer, and shall be governed by the requirements of the manufacturer's warranty requirements and specifications.
No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized representative of Commercial Fitness Equipment at the main office. These Terms and Conditions represent the entire understanding between Commercial Fitness Equipment and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings or agreements between Customer and Commercial Fitness Equipment. Customer acknowledges that Commercial Fitness Equipment would not sell the equipment to Customer without each of these Terms and Conditions being effective. Should any portion of these Terms and Conditions be unenforceable or unlawful, the balance shall remain in full force and effect, to the extent legally possible. Customer recognizes and acknowledges that there is no "Cooling Off" period with regard to the purchase of the Equipment from Commercial Fitness Equipment and there are no return rights or warranties provided by Commercial Fitness Equipment.