PURCHASE AND SALE AGREEMENT
Terms of Service
Welcome to Body Fit USA, Inc. through www.bodyfitusa.com.
In order to use the services provided under this web site to purchase product from Body Fit USA, 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
Body Fit USA 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 California 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 Body Fit USA, Inc. ("Body Fit USA"). By signing below, the parties agree that Customer shall purchase from Body Fit USA and Body Fit USA shall sell to Customer the equipment described below ("Equipment"), on the following terms and conditions:
1. EQUIPMENT
The term Equipment means the following reconditioned exercise and related equipment sold by Body Fit USA to Customer:
2. PRICE & PAYMENT
a. Customer shall pay Body Fit USA the sum of money described in the checkout cart, for the Equipment ("Contract Price") by bank certified check, cash or credit card.
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.
Body Fit USA 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 Body Fit USA 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.
b. Limited Warranty. Body Fit USA 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 Body Fit USA ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
c. Add 6 Moths: Extended Warranty. Body Fit USA hereby provides Customer a 1-year warranty on parts and labor, and a 18 months warranty on motors; the warranty shall commence on the date Body Fit USA ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
d. Add 1-Year: Extra-Extended Warranty. Body Fit USA hereby provides Customer a 18 months warranty on parts and labor, and a 2-year warranty on motors; the warranty shall commence on the date Body Fit USA ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of 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 b., Body Fit USA 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 Body Fit USA 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 Body Fit USA, THE WARRANTY MAY AND CAN BE VOIDED AT Body Fit USA` DISCRETION.
4. COST & FREIGHT; SHIPMENT & INSURANCE
The Equipment is sold on a "Cost & Freight" basis, and Body Fit USA will arrange shipment. Body Fit USA shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Body Fit USA's premises. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Body Fit USA's premises.
5. DELIVERY
Body Fit USA does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Body Fit USA shall only be an estimated date. In no way is this a "time is of the essence" clause; nevertheless, Body Fit USA 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, Body Fit USA will at Customer's request provide Customer with a full refund of any money paid to it by Customer for the Equipment.
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, Body Fit USA shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Body Fit USA may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Body Fit USA if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Body Fit USA shall be entitled to retain any Down payment as liquidated damages.
8. RETURNS & COSTS
If for any reason the Equipment is returned to Body Fit USA, Customer agrees to pay Body Fit USA (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 Body Fit USA is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, Body Fit USA may immediately charge or debit Customer's credit card in that amount.
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 Body Fit USA in the event any mechanical or other defect results in any injury to property or person.
10. USE OF EQUIPMENT; INDEMNITY
Body Fit USA 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 Body Fit USA 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. Body Fit USA reserves the right to deny any notice, as it deems at its discretion.
12. CALIFORNIA LAW & ARBITRATION
This Agreement is deemed executed in California, and shall be governed under California law, without regard to California's choice of law rules. If any dispute arises out of or relates in any way to this Agreement, it shall be resolved by final and binding arbitration before JAMS (pursuant to its commercial arbitration rules) before a single retired judge or justice. The parties stipulate to jurisdiction in Los Angeles County, California. The prevailing party shall be entitled to recover their attorney's fees and costs.
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 Body Fit USA, 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.
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