(303)241-0855

15804 W. 6th Ave., Golden, CO 80401

Terms

Pricing

Pricing is valid for 14 days from the date on the proposal. Volume discounts the total equipment purchase. Last minute changes to a proposal may impact discounts for equipment sales. All equipment prices are exclusive of all federal, state, municipal, and local excise, sales, use, and similar taxes, and freight, insurance and foreign exchange risk. Sales tax will be added to Customer’s invoice where applicable

Delivery/Installation

All shipping will be quoted curbside lift gate unless inside delivery or dock to dock is requested by the customer and written on the proposal. The Customer is responsible for all storage fees associated with equipment that has been purchased but cannot be accepted with in 10 days available shipping. Average shipping lead times are between 4 and 6 weeks on all equipment from the day it has been ordered. Arrival time vary depending on delivery location.

Returns

Should any equipment arrive in damaged condition or should equipment be missing, Customer must report issue to Fitness Depot Direct within 5 business days after delivery. Customer is not permitted to return any piece of equipment to Fitness Depot Direct without written approval. The customer understands that charges for equipment extraction or freight incurred to return any equipment is the sole responsibility of Customer. Fitness Depot Direct will accept all returns due to damage or operational problems within 7 days of the equipment arriving to the customer. All other returns are at the discretion and approval of Fitness Depot Direct. If equipment is broken and/or not in working or not in safe condition, Fitness Depot Direct will incur the service charges with in the warranty period to bring the equipment up to meet initial standards upon purchasing.

Cancellation

All orders in processing are treated as custom orders and cannot be cancelled. A 20% restocking fee plus the cost of freight will be charged to the customer if the order is cancelled after processing has begun.

Payment Terms

A 50% Deposit is due upon placement of the order and the balance is due a maximum of 5 days before delivery. Unless otherwise specified on the invoice. Payments received late will be charged 10% per month, beginning 1 day after balance was due. Customer shall be responsible for all costs regarding collections (including attorneys’ fees) incurred by Fitness Depot Direct to collect payment due. Customer agrees to allow Fitness Depot Direct to automatically charge credit card on file for the balance of the equipment once all pieces are shipped to final destination.

Assumption of Risk/Limitation of Liability

The Customer and/or all users of the equipment sold by Fitness Depot Direct are solely responsible for the equipment while in use. Use of such equipment may result in personal injury or death. The purchase of such equipment constitutes Customer’s acceptance of all responsibility and liability for monitoring usage of such equipment. Fitness Depot Direct, in no event, will be liable for any direct, special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of such equipment, even if it has been advised of the possibility of such damage.

Customer Reference

Customer acknowledges and agrees that Fitness Depot Direct may disclose Customer’s name on Fitness Depot Directs client lists.

Miscellaneous

Customer will hold in strict confidence the terms of this Agreement. All notices between the parties shall be in writing and shall be sent by personal delivery or certified or registered mail. The laws of the State of Colorado, other than choice of law rules, will govern this Agreement. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the courts in Jefferson County, Colorado. If any provision of this Agreement is held to be illegal, unenforceable or void, then each other provision will remain in effect. No failure of either party to enforce any provision of this Agreement shall be construed as a waiver of that or any other provision. This Agreement sets forth the entire agreement between the parties on the subject matter hereof and supersedes all prior quotes, purchase orders, proposals, agreements and representations, whether written or oral. This Agreement may be changed only in writing signed by both parties. Customer represents that the person signing this Agreement is duly authorized to sign this Agreement on behalf of Customer and that no further approvals are required.