Gym Pros sells its products to you subject to the following terms and conditions, which may be updated by us from time to time without prior notice to you. By accessing, browsing, and/or using the services in this web site, you acknowledge and represent that you have read and understood these terms and conditions and that you and your company agree to be bound by them and comply with all applicable laws and regulations, including those of California and the United States
This Purchase and Sale Agreement (Agreement”) is between the purchaser identified in the name and e-mail address (“Customer”) and Gym Pros .com. By signing their assigned Invoice , the parties agree that Customer shall purchase from Gym Pros and Gym Pros shall sell to Customer the equipment described On Invoice (“Equipment”), on the following terms and conditions:
The term Equipment means the following reconditioned exercise and related equipment sold by Gym Pros
2. PRICE & PAYMENT
a. Customer shall pay Gym Pros the sum of money described in the checkout cart and or on Invoice assigned, for the Equipment (“Contract Price”) by bank certified check, cash or credit card.
b. Customer shall pay the Contract Price to Gym Pros as follows
i. The total Contract Price upon execution of this Agreement. By Signing their Invoice agreement.
Gym Pros does NOT charge sales tax on orders that are shipped to addresses outside of California. All orders shipped to California addresses will be charged applicable California sales tax.
a. “As Is” Sale. The Equipment is sold “as is” and “where is,” without any express or implied warranties, except that the Equipment is free and clear of any liens or encumbrances. Gym Pros MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Gym Pros BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT.
b. Limited Warranty. Gym Pros hereby provides Customers for Residential applications, a six-month warranty on parts and labor, and a one-year warranty on motors; the warranty shall commence on the date Gym Pros ships the Equipment to Customer or is collected.Commercial enviroments -hotels, apartments, hospitals, schools ,health clubs, Fire departments, Country clubs, police stations and personal training studios are limited to 30 day parts and labor on Refurbished equipment. This limited warranty does not cover normal wear and tear of the warranty.
c. Add 6 Months: Extended Warranty. Gym Pros hereby provides Customer a 1-year warranty on parts and labor, and a 18 months warranty on motors; the warranty shall commence on the date Gym Pros ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
d. Add 1-Year: Extra-Extended Warranty. Gym Pros hereby provides Customer a 18 months warranty on parts and labor, and a 2-year warranty on motors; the warranty shall commence on the date Gym Pros ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE ALLEGEDLY DEFECTIVE PART. EXCEPT AS SET OUT IN THIS PARAGRAPH b., Gym Pros MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL Gym Pros BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT. IF THE CLIENT DOES NOT COMPLY WITH THE PROCEDURES.
AS LAID OUT BY Gym Pros, THE WARRANTY MAY AND CAN BE VOIDED AT Gym Pros` DISCRETION.
4. COST & FREIGHT – SHIPMENT & INSURANCE
The Equipment is sold on a “Cost & Freight” basis, and Gym Pros will arrange shipment. Gym Pros shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Gym Pros premises. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Gym Pros premises.
Gym Pros does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Gym Pros shall only be an estimated date. In no way is this a “time is of the essence” clause; nevertheless, Gym Pros will use its best efforts to deliver the Equipment to Customer by the proposed date or as soon as possible thereafter. If delivery becomes impossible or is delayed for more than 60 days from the proposed delivery date, Gym Pros will at Customer’s request provide Customer with a full refund of any money paid to it by Customer for the Equipment.
Customer agrees to inspect the Equipment prior to shipment. If Customer fails to do so, it shall be prima facie evidence that the Equipment was in good working order and without any damage at shipment.
7. DEFAULT ON PAYMENT & LIQUIDATED DAMAGES
Once your fitness equipment has shipped, you will an receive an automatic email that you can track your shipment with on-line using your order number and zip code. You can also call us to check on the status of your order. You will also be contacted by one of our select freight partners to arrange a convenient delivery time.
When you receive your delivery, you must inspect the item for an apparent damage. If the damage appears to be small or cosmetic, accept the delivery. You always have free in home labor on all Gym Pros new products and we will quickly arrange for your identical part to be replaced in your home. If the item has excessive damage, then you should refuse the shipment completely. Most freight carriers will have you sign-off after inspecting the package. In this event, please contact us immediately and we will expedite an identical order. Finally, if you discover damage to your product after opening the carton, please contact Gym Pros or the shipping carrier within 2 business days to receive a replacement. The shipping company will determine if the damage was indeed from the delivery and is obligated to replace the item if there is excessive damage.
FREE SHIPPING PROMOTION
When Gym Pros offers a shipping promotion, the free shipping is for standard curbside delivery on any items over $400.00. If a customer elects for Threshold or Premium White Glove Service, they will just pay the difference in the shipping costs. Depending on the item, our Experienced and Knowledgeable Fitness Experts will advise you on the price to upgrade your shipping service.
After you place an order, you receive an invoice that you must sign and fax back to our toll free 888-502-2348. By doing this you have confirmed that you have read and agreed to our stated policies.
Certified Pre-Owned, Re-manufactured, Refurbished, Cleaned and Serviced, and Demo pieces of fitness equipment are not eligible for return.
With Refurbished/Remanufactured/Serviced and Cleaned and Demo units , we take great procedures on every machine , Please allow adequate time and preparation to reach to these Conditions .Visually, the conditions are very pleasing however please be reminded these are not brand new machines ,some slight imperfections and light Dust may arrive on your machine.
These items are sold as-is and Gym Pros will make every accommodation to repair or in rare cases replace a machine in the unlikely occurrence there is a problem during the first 30 days. Customer must notate any minor damages, scuffs, scrapes on freight bill upon receiving item to be eligible for replacement parts. In this scenario, minor cosmetic damage replacement parts will be sent out via Gym Pros for customer to replace. Most cosmetic covers are interchangeable, do not affect the enjoyment of the machine, and can changed with a screwdriver. In a rare occurrence major damage is evident, customer must refuse delivery if they see something major such as a bent frame or dropped shipment. In this case, shipper will send item back to our warehouse and we will then send out a replacement unit. If customer accepts delivery and does not make any notations on freight bill to shipper, Gym Pros is not liable for any warranty issues or replacement parts as a result of shipping. Customer assumes item(s) is acceptable and cannot make a warranty claim since notation was not made on freight bill. If for any reason the Equipment is returned (not applicable if item is refused upon delivery) to Gym Pros, Customer agrees to pay Gym Pros (a) restocking fee of 30% of the sales price of the specific item, and (b) all shipping charges, including return shipping costs.
In the unlikely occurrence an order is canceled before it’s shipped, a 30% restocking fee will be applied to all orders. If a customer refuses a delivery for any reason a 30% restocking fee will be applied. Any deposit made on an order is non-refundable if the customer cancels after the same business day. Gym Pros will make every attempt to accommodate the customer to avoid a cancellation.
In no event shall Gym Pros be liable to any customer or any third party for any damages whatsoever, including but not limited to bodily injury, property damage, lost profits, lost savings, or any other incidental or consequential damages arising out of the sale, use or inability to use the equipment. Actual standard warranty period is 6 months parts/6 months labor unless notated different on invoice. Warranty starts from day order is placed no exceptions. This is done to streamline warranty dates. Warranty includes issues that were of no fault of customers and were from regular usage. Warranty does not cover any related issues from shipping damage unless they were clearly notated on the initial freight bill. Warranty does not cover misuse or neglect, dis-assembling machine to fit in room, or any self-inflicted warranty issue. Gym Pros advises to test machine initially before any dis-assembly, Televisions, music player, radios, and heart rate hand grip issues are also not covered under any warranty.
Gym Pros is not liable for pricing errors.
If you place an order for a product that was incorrectly priced, we will put your order on hold and contact you to obtain authorization for additional charges. At that time you will have the option to cancel your order. In the event that we inadvertently ship an order based on a pricing error, we will issue a revised invoice to you for the correct price and contact you to obtain your authorization for the additional charge, or assist you with return of the product.
Gym Pros is a top seller of online fitness equipment across the internet. As you browse around our Web Site, we collect no personal information. We only require personal information when you place an order. When you place an order, we require your name, billing and shipping information, credit card information and e-mail address as necessary to conduct business. We will keep your information in case of a product issue or defect, but we will never sell or send out your information to a third party. We always respect and are committed to protecting your privacy
If Customer fails to pay for the Equipment as set out here under, Gym Pros shall give Customer 7 days written notice to cure. If Customer fails to cure within that time Gym Pros may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Gym Pros if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Gym Pros shall be entitled to retain any Down payment as liquidated damages.
8. RETURNS & COSTS
If for any reason the Equipment is returned to Gym Pros, Customer agrees to pay Gym Pros (a) restocking fee of 30% of the sales price of the specific item, and (b) all shipping charges, including return shipping costs. Customer also agrees that if Gym Pros is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, Gym Pros may immediately charge or debit Customer’s credit card in that amount.
9. LIABILITY DISCLAIMER
Except as set out in Paragraph 3,neither the limed warranty, nor language contained in any manual which is or may be provided in connection with or relating to the Equipment, shall be construed as an admission of fault or acceptance of liability by Gym Pros in the event any mechanical or other defect results in any injury to property or person.
10. USE OF EQUIPMENT; INDEMNITY
Gym Pros has no control over Customer’s use or operation of the Equipment; Customer therefore assumes all responsibilities and risks associated with the Equipment’s use and operation. Customer agrees to indemnify and hold Gym Pros harmless from any claims, losses, damages or injuries (including court costs and attorney’s fees) arising out of or associated with the sale, as well as Customer’s or any third party’s use or inability to use the Equipment.
For any notice to be given by one party to the other under this Agreement, it shall be in writing to the address listed above (or any subsequent address provided) and effective immediately on personal delivery or fax, or the next business day if sent by express mail, or three days after deposit with the US Postal Service, postage prepaid. Gym Pros reserves the right to deny any notice, as it deems at its discretion.
12. CALIFORNIA LAW & ARBITRATION
This Agreement is deemed executed in California, and shall be governed under California law, without regard to California’s choice of law rules. If any dispute arises out of or relates in any way to this Agreement, it shall be resolved by final and binding arbitration before JAMS (pursuant to its commercial arbitration rules) before a single retired judge or justice. The parties stipulate to jurisdiction in Los Angeles County, California. The prevailing party shall be entitled to recover their attorney’s fees and costs.
13. GENERAL TERMS
a. All sales are final upon receipt of the Contract Price.
b. The parties warrant and represent that any corporate officer signing below is fully authorized to do so.
c. This Agreement is binding on the parties, their successors, representatives and assigns, and it may only be modified in writing signed by both parities. It constitutes the entire agreement between Customer and Gym Pros, and it supersedes all prior oral or written representations or agreements that may have been made by either party.
d. No waiver of full performance by either party may be construed or operate as a waiver of any present or future default or breach of any provisions of this Agreement. If any provision is held to be invalid or unenforceable, it shall not affect the remaining provisions, which will remain in full force and effect.
Whilst we are very confident that our remanufactured equipment will arrive in a condition that meets your satisfaction, all remanufactured equipment may have light dust, light scratches, and light wear. It is not ‘brand new’