In order to use services from Pro Gym Supply or engage in a sale with a Pro Gym Supply representative, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and payment authorization form or through initial phone sales consultation and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.
Pro Gym Supply 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 or by phone, 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 New York and the United States.
This Purchase and Sale Agreement ("Agreement") is between the purchaser identified in the name and e-mail address ("Customer") and Pro Gym Supply ("Pro Gym Supply"). By entering into any contract provided by Pro Gym Supply, the parties agree that Customer shall purchase from Pro Gym Supply and Pro Gym Supply shall sell to Customer the equipment described within the invoice provided ("Equipment"), on the following terms and conditions:
The term Equipment means the following exercise and related equipment sold by Pro Gym Supply to Customer.
2. TERMS OF SALE
Pro Gym Supply considers all sales final and are not cancellable unless prior written notice is submitted and confirmed received by a Pro Gym Supply representative. Regardless of the payment type (Check, Bank Wire, ACH, Money Order, PayPal, AMEX, Visa, MC or Discover) signed confirmation of delivery and acceptance of goods ends Pro Gym Supply’s liabilities with the exception of any written and expressed warranties included in the original sale of goods.
The term New denotes any equipment that has not been used and carries the full warranty of the associated manufacturer. New equipment will drop ship from the manufacturer directly or ship direct from the stock of Pro Gym Supply's facility.
The term Remanufactured means the following: rebuilding, repairing, and restoring equipment to meet or exceed original equipment manufacturers (OEM) performance specifications.
3b. SERVICED & CLEANED
The term Serviced & Cleaned means the following: used equipment that have been inspected, tested, and restored to full working condition. They may feature new housings or other new parts, or they may simply be used equipment that have been tested and certified.
3c. PRE-OWNED / AS-IS
The terms PRE-OWNED or AS-IS mean that the unit is exactly described in the invoice/web site listing (including picture proof of item) which includes but is not limited to minor pieces missing (end caps, placards, rubber grips) and or minor frame/plastic scratches & upholstery rips. Units will be in working condition, prior to shipping or being loaded onto a container or trailer.
4. PRICE & PAYMENT
a. Customer shall pay Pro Gym Supply the sum of money described on the final invoice for the Equipment ("Contract Price") by personal or company check, bank certified check, bank wire, ACH Deposit, Cash, PayPal™, Visa, MC, Discover or American Express.
a. "As Is" Sale. The Equipment is sold "as is" and "where is," without any expressed or implied warranties, except that the Equipment is free and clear of any liens or encumbrances.
PRO GYM SUPPLY 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 PRO GYM SUPPLY 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. Remanufactured Warranty. Pro Gym Supply hereby provides Customer a six-month warranty on parts and labor; the warranty shall commence on the date Pro Gym Supply ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment or gross misuse of the product.
c. Serviced & Cleaned Warranty. Pro Gym Supply hereby provides Customer a thirty-day or ninety-day warranty on parts; the warranty shall commence on the date Pro Gym Supply ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment. This limited warranty cannot be extended by warranties set out in paragraphs d and e.
d. 6-Months Extended Warranty. Pro Gym Supply hereby provides Customer a six-month warranty on parts and labor on the Equipment; the warranty shall commence on the date Pro Gym Supply ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
e. 1-Year Extended Warranty. Pro Gym Supply hereby provides Customer a one-year warranty on parts and labor on the Equipment; the warranty shall commence on the date Pro Gym Supply ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
d. The Customer’s invoice will state the warranty that you have on your purchased equipment.
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY UNDER THESE LIMITED WARRANTIES SHALL BE REPLACEMENT OF THE ALLEGEDLY DEFECTIVE PART INCLUDING LABOR. EXCEPT AS SET OUT IN THIS PARAGRAPH (a) AND (c)., PRO GYM SUPPLY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL PRO GYM SUPPLY 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 PRO GYM SUPPLY, THE WARRANTY MAY AND CAN BE VOIDED AT THE DISCRETION OF PRO GYM SUPPLY.
For more details on our warranty please visit ProGymSupply.com/warranty
6. COST & FREIGHT; SHIPMENT & INSURANCE
The Equipment is sold on a "Cost & Freight" basis, and Pro Gym Supply will arrange shipment. Pro Gym Supply shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Pro Gym Supply's premises if the customer did not opt for insurance. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Pro Gym Supply's premises.
Pro Gym Supply does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Pro Gym Supply shall only be an estimated date. In no way is this a "time is of the essence" clause; nevertheless, Pro Gym Supply 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 120 days from the proposed delivery date, Pro Gym Supply will at Customer's request provide Customer with a full refund of any money paid to it by Customer for the Equipment.
Customer agrees to inspect the equipment at the time of receipt or prior to shipment if preferred and make note of any discrepancies present and reflect those in writing. 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 time of shipment.
9. DEFAULT ON PAYMENT & LIQUIDATED DAMAGES
If Customer fails to pay for the Equipment as set out here under, Pro Gym Supply shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Pro Gym Supply may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Pro Gym Supply if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Pro Gym Supply shall be entitled to retain any Down payment as liquidated damages.
10. RETURNS & COSTS
If for any reason the Equipment is returned to Pro Gym Supply, Customer agrees to pay Pro Gym Supply (a) restocking fee of 20% of the sales price of the specific item, and (b) return shipping costs. Customer also agrees that if Pro Gym Supply is charged for any non-qualification or related credit card fees on any credit card payment or transaction by Customer relating to the Equipment, Pro Gym Supply may immediately charge or debit Customer's credit card in that amount. All returns must be in writing and confirm by a Pro Gym Supply employee prior to a credit being issued.
11. LIABILITY DISCLAIMER
Except as set out in Paragraph 3, neither the limited 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 Pro Gym Supply in the event any mechanical or other defect results in any injury to property or person.
12. USE OF EQUIPMENT; INDEMNITY
Pro Gym Supply 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 Pro Gym Supply 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.
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. Pro Gym Supply reserves the right to deny any notice, as it deems at its discretion.
14. APPLICABLE LAW
By using services provided by Pro Gym Supply, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pro Gym Supply.
15. GENERAL TERMS
a. All sales are final upon receipt of the Contract Price.
b. The parties warrant and represent that any corporate officer or persons signing any contract or purchasing through www.ProGymSupply.com 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 parties. It constitutes the entire agreement between Customer and Pro Gym Supply, 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.
16. LICENSE AND SITE ACCESS
Pro Gym Supply grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Pro Gym Supply. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pro Gym Supply. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pro Gym Supply without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pro Gym Supply's name or trademarks without the express written consent of Pro Gym Supply. Any unauthorized use terminates the permission or license granted by Pro Gym Supply. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Pro Gym Supply and any pages hosted under said domain so long as the link does not portray Pro Gym Supply, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Pro Gym Supply logo or other proprietary graphic or trademark as part of the link without express written permission.
17. YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pro Gym Supply does sell products to minors. If you are under 18, you may use Pro Gym Supply only with involvement of a parent or guardian. Pro Gym Supply reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
18. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Pro Gym Supply reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Pro Gym Supply a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pro Gym Supply and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pro Gym Supply for all claims resulting from content you supply. Pro Gym Supply has the right but not the obligation to monitor and edit or remove any activity or content. Pro Gym Supply takes no responsibility and assumes no liability for any content posted by you or any third party.
19. RISK OF LOSS
All items purchased from Pro Gym Supply are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
20. PRODUCT DESCRIPTIONS
Pro Gym Supply attempts to be as accurate as possible. However, Pro Gym Supply does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Pro Gym Supply itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by Pro Gym Supply, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has been confirmed and a contract of sale has been signed by Customer or an official invoice generated. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
22. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PRO GYM SUPPLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PRO GYM SUPPLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRO GYM SUPPLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRO GYM SUPPLY DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PRO GYM SUPPLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRO GYM SUPPLY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
23. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Pro Gym Supply.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
24. OUR ADDRESS
Pro Gym Supply, Inc.
37 Edison Ave, West Babylon, NY 11704