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1) Product information:
Please note that product pictures on our site may vary in color and texture. Unless noted on your order, the color of the item ordered is what the manufacture's default color of the units at that time is. We try and updated our website as often as we can but there may be a lag time from the time we receive new pictures and actually get them updated on the site.
2) Acceptance of Terms
Fitness Resource of NY LLc. 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 New York and the United States.
3) WARRANTIES
THE FITNESS RESOURCE OF NY LLC. 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 FITNESS RESOURCE OF NY LLC 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.
Pre-Owned Equipment;
Residential- Six months parts and labor.
Commercial – Ninety days parts and labor
Remanufactured;
Residential – Twelve months parts and labor.
Commercial – Six months parts and labor. One year on the motor.
The warranty shall commence on the date The Fitness Resource LLc ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
All remanufactured equipment offered for sale is subject to availability. Your sales representative can provide you with warranty information specific to the piece that is ordered for you. Manuals are not provided with remanufactured equipment. In most cases, they can be obtained directly from the manufacturer’s websites at no charge.
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., THE FITNESS RESOURCE LLC 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 THE FITNESS RESOURCE LLC 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 THE FITNESS RESOURCE, THE WARRANTY MAY AND CAN BE VOIDED AT THE FITNESS RESOURCE DISCRETION
4) Order Cancellations
All order cancellations must be submitted via email to: Customer Service at The Fitness Resource. If your unit ships the same day that we receive your cancel email, then we cannot cancel and the 20% charges will apply. Some trucking companies take 2-3 day to cancel the shipment from the time we give them the notification, The Fitness Resource is not responsible in these circumstances and fees will still apply. A 10% cancellation fee will be applied to your refund if you cancel BEFORE the item ships. This fee applies even if you cancel one second after your order is placed. If you cancel AFTER your order is shipped or fail to pick up a will-call item, there will be a 20% cancellation fee and you will be responsible for freight costs both ways. Please see below for specifics on various forms of cancellations. Customer also agrees that if The Fitness Resource LLc is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, The Fitness Resource LLc may immediately charge or debit Customer's credit card in that amount.
5) Delivery
It is also the responsibility of the Purchaser/Owner or that of whomever receives the equipment to make note of any damage to the equipment, at time of delivery, on the freight company’s bill of lading. Do not let the freight company driver leave until you have thoroughly inspected your shipment. It is strongly recommended that digital pictures of any damages be taken as well. It is the responsibility of the Purchaser/Owner or the designated consignee to pursue any claim of damage directly with the freight company. The Fitness Resource LLc , Inc. will not file damage claims on shipments. Please be aware that claims filed for damages that were not noted on the bill of lading have little or NO chance of reimbursement from the carrier. Freight damage is not covered under any manufacturers’ warranties. The Fitness Resource LLc will not be liable for any freight damages.
For the majority of products outside of our local sales area we use Tailgate/Curbside delivery as our standard delivery service.
Tailgate/Curbside Delivery - Driver will move product/s to the end of the trailer. Customer is responsible for moving the equipment from that point on.
Upgrades to the basic Tailgate/Curbside delivery service are available at an additional charge. Arrangements need to be made prior to shipping the items.
Lift Gate Delivery - Driver will have the appropriate equipment available to off-load your equipment to ground level at your curbside.
Threshold delivery - Driver will place equipment through the first doorway or garage door - providing there are no stairs to navigate.
Inside Placement and/or Assembly- the Fitness Resource LLc does not arrange for inside delivery or assembly of equipment for equipment delivered outside of our local sales area. If need be, we can recommend a company that can provide inside placement and assembly of the fitness equipment. Please contact your sales representative for more details.
6) Refused Shipments
Any cancellation made after product ships or refusal of a product will incur a 20% cancellation & restocking fee. In addition, you will be responsible for shipping costs both ways. This applies to the actual shipping costs. This does not apply to items damaged in shipping. If you refuse a shipment due to damage and subsequently cancel, you will be charged a cancellation and restocking fee if we are not given the opportunity to replace the damaged product.
7) Storage Fees May Apply
If delivery company is unable to reach you to arrange delivery, you may be liable for storage fees until you can respond. Failure to return the call from the freight company will result in expensive delays, which we will not be responsible for. Advise any members of your family, or persons in your household that it is imperative you receive any messages from freight companies.
8) Credits/Refunds
All credit and refunds will be issued within 7-30 days of request. All credit and refunds will be issued in the same manner as payment was received. If credit card information has changed, from the original for of payment, a credit and or refund will be issued by a check. All check credits and/or refunds will be mailed via United States Postal Service to the shipping address listed at the time of the order. All fees and costs associated with an order will be subtracted before the credit and/or refund is issued.
9) Default on Payments and Liquidated Damages
If Customer fails to pay for the Equipment as set out hereunder, The Fitness Resource LLc shall give Customer 7 day’s written notice to cure. If Customer fails to cure within that time, The Fitness Resource LLc may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by The Fitness Resource LLc if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees The Fitness Resource LLc shall be entitled to retain any Down payment as liquidated damages.
10) 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 The Fitness Resource LLc in the event any mechanical or other defect results in any injury to property or person.
11) USE OF EQUIPMENT; INDEMNITY
The Fitness Resource LLc 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 The Fitness Resource LLc 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.
12) NOTICE
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. The Fitness Resource LLc reserves the right to deny any notice, as it deems at its discretion.
13) ARBITRATION
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All arbitrations proceedings will be conducted and subject the laws of New York State.
14) 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 a writing signed by both parities. It constitutes the entire agreement between Customer and The Fitness Resource LLc , and it supersedes all prior oral or written representations or agreements that may have been made by either party.
