Website Terms and Conditions
Website Terms & Conditions
Order Terms & Conditions
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
a. "As Is"
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.
Residential- Six months parts and labor.
Commercial – Ninety days parts and labor
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
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.
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
11) USE OF EQUIPMENT; INDEMNITY
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
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.
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.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
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 www.thefitnessresource.com. The collective work includes works that are licensed to www.thefitnessresource.com. Copyright 2003, www.thefitnessresource.com 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 www.thefitnessresource.com or purchasing www.thefitnessresource.com 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 www.thefitnessresource.com or to purchase www.thefitnessresource.com 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 www.thefitnessresource.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.thefitnessresource.com used in the site are trademarks or registered trademarks of www.thefitnessresource.com
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, www.thefitnessresource.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.thefitnessresource.com 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. www.thefitnessresource.com 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
www.thefitnessresource.com 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 www.thefitnessresource.com 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.
In the event that a www.thefitnessresource.com product is mistakenly listed at an incorrect price, www.thefitnessresource.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.thefitnessresource.com 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, www.thefitnessresource.com shall issue a credit to your credit card account in the amount of the incorrect price.
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 www.thefitnessresource.com 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.
www.thefitnessresource.com 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 www.thefitnessresource.com.
Your use of this site shall be governed in all respects by the laws of the state of California, 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 www.thefitnessresource.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.thefitnessresource.com products) must be commenced within one (1) year after the claim or cause of action arises. www.thefitnessresource.com'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. www.thefitnessresource.com 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 www.thefitnessresource.com 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.
www.thefitnessresource.com 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, www.thefitnessresource.com 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, www.thefitnessresource.com 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 www.thefitnessresource.com in its sole discretion.
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