NOTICE: The following terms and conditions shall apply to any purchase by any party (“Buyer”) from Gym Equipment Inc. (“Seller”). In order to purchase products and/or services, prospective Buyer must certify that they have read and fully understand these terms and conditions and agree to be bound thereby.
1. CHECKOUT: Buyer must provide Buyer’s full name, company (if applicable), mailing address, phone number, and any other required field at sign up/point of purchase. Buyer represents and warrants that any and all Buyer information is accurate and complete. Seller reserves the right to deny any sale at any time at its sole discretion without notification.
2. INSPECTION: Buyer may inspect the item(s) available for sale prior to purchase and is urged to do so by setting up an appointment via the 'Contact Us' link on the main website page.
3. CHARGEBACKS: As a condition to registration, guest checkout and purchase, Buyer agrees that Buyer will not, under any circumstance, initiate a charge-back to Buyer’s credit card. Buyer further agrees that Buyer is waiving any charge-back rights that may exist under the agreement between Buyer and Buyer’s credit card company. Should a charge-back be initiated by Buyer, these terms and conditions will be conclusive evidence of Buyer’s waiver of any charge-back rights.
4. TIME OF PAYMENT: All purchases from Buyer via bank deposit, credit/debit card must be paid immediately. Cash payments (if available) are due within 3 days of purchase, at the time of pickup, before equipment is removed.
5. TIME OF REMOVAL: All purchases must be removed from the premises within 14 days following the purchase. No goods will be released to Buyer until the entire bill is paid for in full. Hours for removal are from 10:00 AM to 6:00 PM. All purchases not removed by that time will be subject to a storage charge or may be resold at the sole discretion of Seller.
6. MANNER OF REMOVAL: Buyer must remove the merchandise from the premises at Buyer’s own risk, expense and liability. Purchases can be removed only upon presentation of original paid bill. Seller is not responsible for items that are not removed within the time specified and has the option of dumping, storing or re-selling any item purchased at the expense and risk of Buyer.
7. RIGGING: Rigging is also at Buyer’s own expense, risk and liability. Whether performed by Buyer or a rigging company. Buyer shall restore and repair all real and personal property that is altered or damaged as a result of Buyer’s removal of the purchased items. Seller has the right to reduce or eliminate these requirements at its sole discretion.
8. NON-PAYMENT: In default of payment of bills in full within the time herein specified, Seller, in addition to all other remedies allowed by law, may retain all or part of monies received as deposit or otherwise as liquidated damages. Purchases not paid for or removed within the time specified herein will be considered abandoned and may be resold without further notice and any deficiency, together with all expenses and cost of re-sale, will be charged to the defaulting Buyer.
9. NON-DELIVERY RESPONSIBILITY: All purchases made are at Buyer’s risk. Seller shall not be responsible if all or any part of such purchases be lost, stolen, damaged or destroyed from any cause whatsoever. Buyer must make themselves available to receive the delivery at the time and date agreed to by Buyer and Seller. If Seller is not available at time of delivery, Seller shall not, in any event, be liable for non-delivery, or for any other matter or thing, to any Buyer of any purchase. If Buyer is unavailable at time of scheduled delivery a second delivery and fee may apply at the sole discretion of Seller.
10. MANNER OF ITEMS SOLD: All items will be sold on a unit basis. Seller reserves the right to group one or more items into one or more selling lots or to subdivide into two or more selling lots. Seller also reserves the right to withdraw from sale any of the items listed. Any items that are shown in the product picture not directly related to the product title or description are not included in the sale i.e wheels, dollies, pallet jacks, pallets etc.
11. SALE BY COUNT, MEASURE OR WEIGHT: Where items are sold by count, measure or weight, Buyer will be billed for, and required to pay, the estimated count, measure or weight. If, upon removal, any shortage exists, Buyer will receive a refund at the rate of purchase. If there is an excess, Buyer is required to accept and pay for this excess at the rate of purchase.
12. CLAIMS: No claims or allowance of any sort will be allowed once the items have been removed from the premises.
13. DISPUTE: Because products are listed for sale on different venue's, if any dispute arises between two or more Buyers, the Seller may decide the sale or may immediately put the product up for sale again. The decision of the Seller shall be final and absolute.
14. TECHNOLOGY: Buyer acknowledges and agrees that the internet is an unreliable, unsecure, and error-prone network. Regarding our online sales, Seller cannot and does not guarantee continuous, uninterrupted or secure access to the online purchases or the the Gym Equipment Inc. website or that Buyer information, including website registration and purchases, will be transmitted and received in a timely fashion. Buyer agrees that Seller assumes no liability or responsibility for the malfunction or failure of the use of this technology.
15. PERSONAL & PROPERTY RISK: Persons attending during exhibition, preview, sale or removal of goods assume all risks of damage of or loss to person and property, and specifically indemnify and hold harmless Seller and landlord from any and all damages, claims or liabilities from injuries to persons or property of any type whatsoever. Seller and landlord shall not be held liable by reason of any defect in or condition of the premises on which the sale is held.
16. INDEMNIFICATION: Buyer agrees to indemnify and hold harmless Seller from and against all claims and liabilities relating to the condition or use of the articles purchased or failure of user to follow instructions, warnings or recommendations of the manufacturer, or to comply with federal, state and local laws applicable to such articles or for proximate or consequential damages, costs or legal expenses arising therefrom.
17. RECORDS: The record of sale kept by the Seller will be taken as final in the event of any dispute.
18. MANUFACTURER: Seller is not the manufacturer of any products. Although every item is looked over for any defects, it is not guaranteed or implied to be defect free. Seller is not responsible for any damages including but not limited to injuries, death or dismemberment due to proper or improper use of equipment as the result of manufacturer error, improper maintenance or modification.
19. RESERVE: Seller reserves the right to reject any and all sales for any reason whatsoever.
20. SALES TAX: Buyer shall pay to Seller all applicable sales taxes imposed by taxing authorities as a result of Buyer’s purchases.
21. USE TAX: When required by law, Buyer shall pay all applicable use taxes to their states taxing authority. Seller is not responsible for collecting or remitting use tax.
22. DAMAGED FREIGHT POLICY: Seller Strives to Package your equipment to the best of our ability and handle your equipment how we would want our equipment to be handled. All claims for shipping loss or damaged must be submitted to the shipping carrier that was responsible for the shipment. In this event buyer is responsible filing this claim. Seller will assist with the claim if loss or damages occur. Seller does not offer refunds if damage occurs. Since it is impossible for Seller to control how equipment is handled after it leaves our facility, this releases Seller of any liability from damages incurred during the shipment process. We want you to know we are doing our best to protect your equipment on each and every shipment. For more information on how to proceed with claims, please see examples at your major carrier’s home page.
23. NO WARRANTY OF ITEMS SOLD: For item(s) to which a warranty is NOT purchased, NOT available for purchase or NOT advertised for; all items are sold on an “AS IS” with all faults basis with no warranties or representations whatsoever either expressed or implied including, but not limited to, any representation or warranty relating to title, possession or the like. Seller makes no guarantee or warranty express or implied as to the quality, condition, performance, description, hours, or nomenclature of any item being offered, so buyer beware. No deduction will be allowed on damaged articles and are sold “AS IS” and without recourse. All sales are final. There is no recourse through the Seller subsequent to sale.
24. ALL PURCHASES REGARDLESS OF WARRANTY: Seller is not responsible for the correct description, authenticity, genuineness of, or defects in any item(s). No allowance will be made or sale set aside on account of any incorrectness, error in description, cataloging or any imperfection not noted. Descriptions have been prepared for guide purposes only and shall not be relied upon by Buyer for accuracy or completeness. It is for this reason that Buyer should schedule a time to make inspection PRIOR to sale. There is no recourse through the Seller subsequent to sale. It is for these reasons Buyer is encouraged to take the opportunity for inspection prior to purchase.
25. WARRANTY AND RETURNS: A Limited Warranty ("Warranty") applies ONLY IF purchased or advertised for an item(s) AND when delivered and setup by Seller within 100 miles of 19335 zip code. Warranty time period is defined on product page. Warranty claims MUST be made within warranty period. Warranty does NOT cover damages caused by the item(s) purchased. The Warranty is non-transferable. Buyer must provide receipt of purchase for any claims. Warranty is void if tamper proof stickers are removed or altered in any way. Returns only apply to purchases that qualify for a Warranty AND for purchases deemed by Seller as non-repairable to operable condition or non-replaceable with similar item(s). Seller makes the final decision in its sole discretion whether a part is defective. A part is not defective if Seller determines in its sole discretion that the defect does not materially impair the mechanical functionality of the item.
Exclusions:
The Warranty DOES NOT COVER;
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item(s) purchased through any website or location other then www.GymEquipmentInc.com
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damage or failure due to improper maintenance or lack of reasonable and necessary maintenance as outlined in the user manual, including any failure to follow operating instructions in user manual. The original owner agrees and acknowledges that it has an obligation to keep the item(s) in good working order by completing approved general care/maintenance. Failure to complete approved general care/maintenance invalidates any limited warranty coverage.
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noise, vibrations, scratches, peeling, dents or other cosmetic conditions that in the sole discretion of Seller do not materially impair the mechanical functionality of the item(s).
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Internet connectivity to the item(s) or any third party application. This restriction applies to services, such as those provided by an Internet service provider (ISP), and also to hardware related to Internet connectivity, such as Ethernet cabling, routers, servers and switches.
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software defects, software updates, and software version upgrades that do not materially impair the mechanical functionality of the item(s). This includes third party application software defects, software upgrades, and software version upgrades.
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damage due to over-tightened or misaligned components, including but not limited to drive belts, treadbelts, and screws.
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any treadbelt tensioning and tracking.
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incorrect connection of signal leads or incorrect supply and failure or improper use of any electrical source, including but not limited to the improper use of power cords and/or power strips. Electronic item(s) must be connected to a properly grounded wall outlet only
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performance of a heart rate system and/or monitor, as the heart rate system performance varies, based on the user’s physiology, age, method of use and other factors.
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part replacements or repairs due to normal wear and tear, unless tied to a breakdown, and items normally designed to be periodically replaced by the original owner during the life of the item(s), including but not limited to batteries, console overlays, handle grips, seat upholstery, pedal straps, pedal inserts, heart rate transmitter, USB port, etc.
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Item(s) with removed or altered serial numbers.
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any item(s) used in a commercial setting (including those used in connection with any professional service) or rental basis.
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nonfunctional parts including but not limited to motor covers, protective shrouds, any plastic coverings, cosmetic touch surfaces, water bottle holders, entertainment racks, and external equipment such as power cords, equipment mats, etc. Nonfunctional parts are those parts that, if missing or broken, do not materially impair the mechanical functionality of the item(s).
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cost of installation, set-up, delivery, diagnostic charges, removal or reinstallation of the item(s).
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accessories used in conjunction with the item(s).
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loss of data or any mechanical breakdown or damage caused by a computer or software virus.
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damage or failure due to moving the item(s).
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service where no problem can be found.
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modifications to meet changes in federal, state or local codes and regulations.
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incidental, consequential or secondary damages or delay in rendering service under this limited warranty, or loss of use or time during the period that the item(s) is at a Gym Equipment Inc. or otherwise awaiting parts.
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damage or failure due to storage and/or use of the item(s) in any location that is not climate controlled, such as but not limited to garages, outdoor settings, porches, pool rooms, saunas, bathrooms, car ports or outdoors.
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loss or damage caused by war, invasion or act of foreign enemy, hostilities, civil war, rebellion, riot, strike, labor disturbance, lockout, or civil commotion.
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any loss other than a covered loss under the limited warranty.
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damage or failure due to accident, abuse, misuse, mishandling, negligence, corrosion, rust, excessive lubrication, discoloration of paint or plastic, neglect, theft, vandalism, insects, animals, stains, fluids, mold, cuts, burns, fire, sand, dirt, hail, windstorm, earthquake, water, flood, wind, lightning, freezing, or other natural disasters of any kind, acts of God, power reduction/abnormal variation/fluctuation or failure from whatever cause, unusual atmospheric conditions, extreme temperature, collision, or introduction of foreign objects into the item(s) including but not limited to non-original equipment manufacturer parts.
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damage based on continued use of the item(s) following original owner’s recognition or knowledge of a defect.
Limitations of remedies:
The original owner’s exclusive remedy is limited to repair or replacement of any component deemed by Seller to be defective under the terms and conditions stated herein, except as prohibited by law.
Any attempt to repair the item(s) creates a risk of injury. Seller is not responsible or liablen for any damage, loss or liability arising from any personal injury incurred during the course of, or as a result of any repair or attempted repair of item(s) by anyone. All repairs attempted by any individual on item(s) are undertaken AT YOUR OWN RISK and Buyer shall have no liability for any injury to the person or property arising from such repairs. Gym Equipment Inc. authorized service providers are NOT Gym Equipment Inc. employees. Seller authorized service providers shall be solely responsible for their own acts and any damage, loss or liability arising from any and all personal injury or property damage that they may cause. Seller takes no responsibility for any damage, loss or liability arising from any and all personal injury or property damage of any service providers, all of which are expressly disclaimed.
Seller is not responsible or liable for indirect, special, incidental or consequential damages, economic loss, loss of property, profits, revenue, data, privacy, loss of enjoyment or use, or other consequential or punitive damages of whatsoever nature (regardless of the theory of liability, including without limitation, product liability, negligence or other tort) in connection with the purchase, use, repair or maintenance of the equipment. Seller does not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to gym membership fees, work time lost, diagnostic visits, maintenance visits or transportation. This exclusion and limitation shall apply even if any remedy fails of its essential purpose. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
26. ADDITIONAL TERMS: Seller may add or change terms and conditions of sale by amending this agreement. These terms may be changed or modified by Seller at any time without notification.
We thank you for taking the time to read this and look forward to doing business with you in the future. If you have any questions in regards to this please contact Gym Equipment Inc before purchasing equipment. By purchasing equipment From Gym Equipment Inc. you agree and understand the stipulations set forth in this agreement.
