Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fit Supply, LLC. The collective work includes works that are licensed to Fit Supply, LLC. Copyright 2007,Fit Supply, LLC. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fit Supply, LLC. or purchasing Fit Supply, LLC. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fit Supply, LLC. or to purchase Fit Supply, LLC. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fit Supply, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Fit Supply, LLC. used in the site are trademarks or registered trademarks of Fit Supply, LLC.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fit Supply, LLC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fit Supply, LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fit Supply, LLC. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Fit Supply, LLC. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fit Supply, LLC. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Fit Supply, LLC. product is mistakenly listed at an incorrect price, Fit Supply, LLC. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fit Supply, LLC. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fit Supply, LLC. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fit Supply, LLC. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Fit Supply, LLC. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fit Supply, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Fit Supply, LLC shall be in the state or federal courts located in Tarrant County in the state of Texas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Fit Supply, LLC. products) must be commenced within one (1) year after the claim or cause of action arises. Fit Supply, LLC.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Fit Supply, LLC. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fit Supply, LLC. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Fit Supply, LLC. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fit Supply, LLC. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fit Supply, LLC. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fit Supply, LLC. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Fit Supply, LLC., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fit Supply, LLC. may link to sites operated by third parties. However, even if the third party is affiliated with Fit Supply, LLC., Fit Supply, LLC. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fit Supply, LLC.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fit Supply, LLC. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Terms Of Use
In order to use the services provided under this web site to purchase product from Fit Supply, LLC, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.
Acceptance Of Terms
Fit Supply, 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 Texas and the United States.
Terms & Conditions
This Purchase and Sale Agreement (Agreement”) is between the purchaser identified in the name and e-mail address (“Customer”) and Fit Supply, LLC. (“Fit Supply”).
1. Equipment
The term Equipment means the following reconditioned exercise and related equipment sold by Fit Supply to Customer:
2. Price & Payment
a. Customer shall pay Fit Supply the sum of money described in the checkout cart, for the Equipment (“Contract Price”) by bank certified check, cash or credit card.
b. Customer shall pay the Contract Price to Fit Supply as follows: The total Contract Price upon execution of this Agreement.
3. Warranties
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.
Fit Supply 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 Fit Supply 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.
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
4. Cost & Freight, Shipping & Insurance
The Equipment is sold on a “Cost & Freight” basis, and Fit Supply will arrange shipment. Fit Supply shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Fit Supply’s premises. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Fit Supply’s premises.
5. Delivery
Fit Supply does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Fit Supply shall only be an estimated date. In no way is this a “time is of the essence” clause; nevertheless, Fit Supply 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 30 days from the proposed delivery date, Fit Supply will at Customer’s request provide Customer with a full refund of any money paid to it by Customer for the Equipment. ALL Items ship via Unishippers.com freight line. Once an item ships from a warehouse delivery time is typically 2 to 7 business days to any address in USA.
6. Inspection
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
If Customer fails to pay for the Equipment as set out hereunder, Fit Supply shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Fit Supply may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Fit Supply if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Fit Supply shall be entitled to retain any Down payment as liquidated damages.
8. Returns & Cost
If for any reason the Equipment is returned to Fit Supply, Customer agrees to pay Fit Supply (a) restocking fee of 25% of the sales price of the specific item, and (b) all shipping charges, including return shipping costs. Customer also agrees that if Fit Supply is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, Fit Supply may immediately charge or debit Customer’s credit card in that amount. Customer has up to 24 hours to request a refund from time of purchase with 25% restocking fee.
Any cancellation made after product ships or refusal of a product for any reasons including damaged is subject to a 25% cancellation & restocking fee. You will be responsible for shipping costs both ways. This applies to the actual shipping costs. There are NO REFUNDS for any shipping expenses. IF ITEM IS DAMAGED, YOU MUST ACCEPT THE DELIVERY AND NOTE IT ON THE FREIGHT BILL FOR INSURANCE CLAIMS. THIS WILL ALLOW GIVING US THE OPPORTUNITY TO HELP YOU REPAIR/REPLACE THE DAMAGED PRODUCT AT YOUR LOCATION AND TO AVOID YOUR RETURN FEES. If the product is returned to us, it must be in the same condition received along with packing material. If it is not is same condition, you may be charged for services to replace it in original condition.
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 Fit Supply in the event any mechanical or other defect results in any injury to property or person.
10. Use of equipment; Indemnity
Fit Supply 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 Fit Supply 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.
11. 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. Fit Supply reserves the right to deny any notice, as it deems at its discretion.
12. Refurbishing/Remanufacturing disclaimer
a. Items that are power coated and/or painted may not reflect images depicted in stock photos
b. Bike seat may be replaced with a newer style/different model
c. Treadmill belt may not have manufacturer logo
d. Strength pieces with selectorized weight stacks may have an OEM/different style safety pin.
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 a writing signed by both parities. It constitutes the entire agreement between Customer and Fit Supply, 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.