WESTERN FITNESS EQUIPMENT’S
STANDARD TERMS & CONDITIONS 

IN STORE RETURNS

Should any Equipment arrive at Customer's destination in a damaged condition, Customer must report the nature and extent of the damage or shortage to Western Fitness Equipment within 3 days. Due to hygienic reasons, being a small local business, not having the same resources as big box stores, and the nature of fitness equipment resale after use Western Fitness Equipment does not refund purchases. Western Fitness Equipment accepts Exchange or In Store Credit ONLY for purchases made by the Customer.

DURING COVID 19: We are NOT issuing ANY returns, exchanges, or in-store credits at this time for the safety or our customers and employees. Due to the nature of fitness equipment, being in one’s home, hygienic reasons, and possibly having multiple users, we cannot risk the health of other customers or employees at this time.

COMMERCIAL RETURNS

Should any Equipment arrive at Customer's destination in a damaged condition or should a shortage occur, Customer must report the nature and extent of the damage or shortage to Western Fitness Equipment within 3 days of delivery. In no case is any equipment to be returned to Western Fitness Equipment without Western Fitness Equipment's prior authorization. Returned equipment must be securely packed and shipped prepaid to Western Fitness Equipment unless otherwise agreed upon. Customer acknowledges that charges for equipment removal or freight incurred are the sole responsibility of the Customer.

INVOICE TERMS OF PAYMENT

Unless otherwise indicated, the terms of payment are as they appear at the top of the quote or sales order documents. Seller reserves the right to require full or partial payment in advance of any shipment, or other payment arrangements whenever, in its judgment, the financial condition of Buyer does not justify shipment of the goods on the terms specified. If payment on the goods to Seller is in arrears, Seller shall have the right and option to withhold service and parts. Buyer agrees to pay all costs of collections, specifically including but not limited to reasonable attorney's fees and all court costs.

DELIVERY / INSTALLATION / CANCELLATION

Delivery to Customer shall be arranged with Western Fitness Equipment. Title and risk of loss shall pass to Customer upon Western Fitness Equipment's delivery of the equipment to a common carrier or to Customer, in either case, from Western Fitness Equipment's facility. Unless otherwise requested by Customer, delivery will be made by Western Fitness Equipment’s delivery crew, delivery firm selected by Western Fitness Equipment, or common carrier selected by Western Fitness Equipment. Western Fitness Equipment shall be bound to deliver the equipment only if this agreement has been agreed upon by an authorized representative of Customer or the Customer directly. Customer agrees to accept delivery of goods on or within ten days from the date Western Fitness Equipment has received all goods necessary to fulfill Customer's order from the manufacturer(s). In the event customer is unable or unwilling to accept installation within the time frame specified above, customer agrees to arrange to store goods and remit payment as per the terms of this agreement. If Western Fitness Equipment is willing to provide assistance in storage of equipment, the same shall be stored at prevailing market rates. Western Fitness Equipment will make its best effort to accommodate customer's needs once a new timetable for delivery date is established, but can not guarantee labor rates or availability and/or product availability. All orders are treated as custom and made to order. A no-return policy will remain in effect unless other restocking fees / charges are agreed upon by Western Fitness Equipment in writing. In no event will Western Fitness Equipment be liable for any loss, damage, or expense due to late delivery or damage caused by contracted carriers. Customer’s notice of delivery schedule cancellation must be received by Western Fitness Equipment no less than thirty (30) days prior to the confirmed delivery date and time. If the delivery cancellation is not received within that timeframe, the customer could be charged percentage% of the total order, plus applicable storage and restocking fees.

DELIVERY

Any delivery date stated under this contract is the Seller's best estimate and is based upon prompt receipt of all necessary information and payment from Buyer. Seller makes no guarantee of delivery by such date and shall have no liability or other obligation for failure to deliver on such date, regardless of cause, unless expressly stated otherwise. Seller shall have no liability or other obligation hereunder if its performance is delayed or prevented to any extent by any event such as, but not limited to, strike or work stoppage, fire, flood, accident, allocation or other controls of the Government authorities, shortage of transportation, fuel, material and labor, or any other cause beyond the Seller's reasonable control.

PAST DUE INVOICES

Invoices are due and payable on receipt unless otherwise specified. Western Fitness Equipment may impose a late charge and/or service charge equal to the lesser of 18% per annum (1-1/2% per month) or the maximum rate allowed by law upon any unpaid balance past due by more than 30 days. Customer shall promptly pay or reimburse Western Fitness Equipment for all sales, use, value added service, excise, or other taxes and similar assessments arising out of the purchase of the equipment. Customer shall be liable for costs of collections (including attorneys' fees) incurred by Western Fitness Equipment to collect payment due.Until the purchase price for the equipment is fully paid, Western Fitness Equipment has the right to purchase money security interest in the equipment and all additions or replacements thereto or proceeds thereof. Western Fitness Equipment may file financing statements under applicable law to evidence or perfect such security interest. Customer agrees to execute and deliver any such financing statements or other documents which Western Fitness Equipment deems appropriate in order to perfect or otherwise obtain the benefits of such security interest.

ASSUMPTION OF RISK / LIMITATION OF LIABILITY

The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. Western Fitness Equipment will not be liable for any direct, special, indirect or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will Western Fitness Equipmentt be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage; nor will Western Fitness Equipment 's liability to Customer (under contract, tort or otherwise) exceed the amount by Customer under this agreement for the relevant equipment.

WARRANTY

Western Fitness Equipment makes no warranties, express or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer, and shall be governed by the requirements of the manufacturer's warranty requirements and specifications.

MODIFICATIONS

No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized representative of Western Fitness Equipment. These Terms and Conditions represent the entire understanding between Western Fitness Equipment and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings or agreements between Customer and Western Fitness Equipment. Customer acknowledges that Western Fitness Equipment would not sell the equipment to Customer without each of these Terms and Conditions being effective. Should any portion of these Terms and Conditions be unenforceable or unlawful, the balance shall remain in full force and effect, to the extent legally possible. Customer recognizes and acknowledges that there is no "Cooling Off" period with regard to the purchase of the Equipment from Western Fitness Equipment and there are no return rights or warranties provided by Western Fitness Equipment.