Fitness Equipment Sales Inc. Synopsis:

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 Utah and the United States. For any notice to be given by one party to the other under this Agreement, it shall be in written and verifiable form.

Warranty:

“As Is” Sale. The Equipment that is sold “as is” and “where is,” is without any express or implied warranties. Fitness Equipment Sales INC. 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 Equipment Sales INC. 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.

Limited Warranty. Fitness Equipment Sales, Inc. hereby provides Customer a six-month warranty on parts and labor, and a one-year warranty on motors; the warranty shall commence on the date Fitness Equipment Sales Inc. ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment. Spin Bikes and Stationary Bikes carry a 30 day warranty.

All warranty issues are at the discretion and authorization of Fitness Equipment Sales Inc. only. Fitness Equipment Sales Inc. has the first right to rectify any problem with customer before determining if a certified technician will be used. Any technicians are to be certified and authorized by Fitness Equipment Sales Inc. only. Equipment must be located within a 75 mile radius of an authorized and certified technician. Any parts shipped for a warranty issue are paid for by Fitness Equipment Sales Inc. and shipping on all parts returned to Fitness Equipment Sales Inc. are paid for by the customer, unless otherwise stated.*

“Normal wear” parts are also the responsibility of the customer. Warranty excludes normal wear parts, such as belts, wax, etc., and normal wear parts are susceptible to “Regular Routine Maintenance.” Proof of maintenance during the warranty period is required. All equipment must be regularly maintained by a certified technician during warranty period. Cardio equipment runs on different types of voltages and amperages. Some products, i.e. treadmills, require a dedicated circuit. Batteries are excluded from warranties. It is the customers responsibility to make sure the proper voltages and amperages are used for proper operation. If in question, please contact us.

Shipping:

The Equipment is sold on a “Cost & Freight” basis, and Fitness Equipment Sales Inc. will arrange shipment unless agreed otherwise. Fitness Equipment Sales Inc. shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Fitness Equipment Sales’s premises.

Customer agrees to inspect the Equipment prior to signing shipping documents. If Customer fails to do so, it shall be prima facie evidence that the Equipment was in good working order and without any damage to the equipment.

Freight is shipped via commercial blanket wrapped van line, and is shipped with insurance with the carrier for any freight damages. Common carrier freight can also be scheduled upon request, however common carrier insurance has smaller insurance rates. Thus the warranty provided by Fitness Equipment Sales Inc. DOES NOT COVER FREIGHT DAMAGE.

If for any reason freight damages do occur during transit, it is the sole responsibility of the customer to file all claims with the carrier. Fitness Equipment Sales Inc. will not be held responsible for filling any claims and or disputes with the freight carrier.

Fitness Equipment Sales does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Fitness Equipment Sales Inc. shall only be an estimated date. In no way is this a “time is of the essence” clause; nevertheless, Fitness Equipment Sales Inc. will use its best efforts to deliver the Equipment to Customer by the proposed date or as soon as possible thereafter.

If for any reason the Equipment is returned to Fitness Equipment Sales Inc., Customer agrees to pay Fitness Equipment Sales Inc. (a) restocking fee of 20% of the sales price of the specific item, and (b) all shipping charges, including return shipping costs. Customer also agrees that if Fitness Equipment Sales Inc. is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, Fitness Equipment Sales Inc. may immediately charge or debit Customer’s credit card in that amount.*

General:

All sales are final upon receipt of the Contract Price.

The parties warrant and represent that anyone signing below is fully authorized to do so on behalf of the said company.

This Agreement is binding on the parties, their successors, representatives and assigns, and it may only be modified in a writing signed by both parties. It constitutes the entire agreement between Customer and Fitness Equipment Sales Inc., and it supersedes all prior oral or written representations or agreements that may have been made by either party. • 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.

* Some Restrictions Apply – Call or Email For Details.

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