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TERMS & CONDITIONS

PROFESSIONAL FITNESS CONCEPTS, INC. Terms of Sale

1) All sales are final. Orders for custom made products can not be canceled once the order has been processed and purchaser/owner understands that, due to the custom nature of these items, an extended production time of up to eight (8) weeks should be expected. A non-custom order may be canceled only if shipment has not been made. Once shipment has been made, there are no returns. If an order is refused on delivery, customer is liable for any and all delivery and return freight charges and a 25% restocking fee.

A down payment is required to initiate all orders, and all orders must be paid for in full prior to delivery unless purchased with a purchase order approved by Professional Fitness Concepts, Inc. In the event payment is not made when due, purchaser agrees to pay Professional Fitness Concepts, Inc. 1.5% per month on all unpaid balances, together with the costs of collecting any unpaid balance including reasonable attorney fees and costs. In the event payment is not made when due Professional Fitness Concepts, Inc. shall have the right to, upon 5 days written notice, demand return of the equipment. Upon receipt of any such notice purchaser shall deliver up to Professional Fitness Concepts, Inc. all equipment demanded. In the event Professional Fitness Concepts, Inc. elects to demand return of the equipment, it shall not operate as a waiver of any other right or remedy nor operate as a waiver of its right to reasonable attorney fees and costs. Title of the equipment passes to Purchaser/Owner or its agent upon delivery and receipt of full payment for said equipment.

2) All new equipment comes with a standard manufacturer’s warranty as stated and provided by the manufacturer. Professional Fitness Concepts, Inc. disclaims any warranty on the equipment. Only such warranties as may be provided through the manufacturer are in force and Professional Fitness Concepts, Inc. makes no representations concerning any such warranties. Any requests for service on an item with a manufacturer’s warranty must be pursued directly with the manufacturer and not through Professional Fitness Concepts, Inc. Purchaser/owner understands that proof of recommended factory service maintenance may be needed to obtain warranty service. Purchaser/owner hereby releases and holds PFC harmless from any claims, demands, cause of action, damages, losses, costs, attorney's fees or expenses which may arise out of any dispute regarding the ownership, operation, sale, control or possession of this equipment. All equipment is subject to prior sale.

All remanufactured equipment offered for sale is subject to availability. Remanufactured equipment warranties and policies vary by remanufacturer. Your sales representative can provide you with warranty information specific to the piece that is ordered for you. Manuals are not provided with remanufactured equipment. In most cases, they can be obtained directly from the manufacturer’s websites at no charge.

Rubber Products: Please note that most rubber or rubber coated products can carry an odor. This applies to any and all brands of rubber products that Professional Fitness Concepts, Inc. carries. This odor should be viewed as a normal characteristic of all rubber products and does not qualify as a defect. This odor usually dissipates with time. If this is a concern, an MSDS sheet on the product may be requested from your salesperson. Suggestions for lessening the odor that will not damage the rubber product can also be provided.

3) Shipping charges on this website and "Free Shipping" applies to the Continental United States Only!  Shipping to Hawaii, Alaska, and Puerto Rico can be arranged at an additional fee. 

4) Any delivery date stated under this sales agreement is Professional Fitness Concept, Inc.’s best estimate and is based upon prompt receipt of all necessary information and payment from purchaser/owner. Professional Fitness Concepts, Inc. 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 in writing otherwise. Professional Fitness Concepts, Inc. shall have no liability or other obligation hereunder if its performance is delayed or prevented to any extent by any such event such as, but not limited to, any act of God, 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 our control.

5) For orders shipped via freight truck, the purchaser/owner is responsible for keeping any scheduled delivery appointment with the freight company and providing appropriate contact information to facilitate a successful delivery. Purchaser/owner is liable for any and all fees incurred for attempted redelivery of an order, whether or not the redelivery is successful. In most cases, storage fees will be assessed if the freight company cannot reach the customer within two business days to schedule a delivery appointment.

Freight charges for items not shipped via FedEx or UPS are quoted assuming the delivery location is tractor/trailer accessible. Any additional charges incurred to accommodate deliveries that cannot be delivered via tractor/trailer are the sole responsibility of the purchaser/owner and are payable directly to the freight company at time of delivery. If delivery is refused due to the inability of the freight company to deliver via tractor/trailer, purchaser is liable for any and all delivery and return freight charges and a 25% restocking fee.

For the majority of products outside of our local delivery area we use TailGate/Curbside delivery as our standard delivery service.

Tailgate/Curbside Delivery -Driver will move product/s to the end of the trailer. Customer is responsible for moving the equipment from that point on.

Upgrades to the basic TailGate/Curbside delivery service are available at an additional charge. Arrangements need to be made prior to shipping the items. Any charges for additional services beyond those arranged by Professional Fitness Concepts, Inc. are the responsibility of the purchaser/owner and are payable directly to the freight company at time of delivery.

LiftGate Delivery -Driver will have the appropriate equipment available to off-load your equipment to ground level at your curbside.

Ground delivery -Driver will place equipment through the first doorway or inside garage -provided there are no stairs to navigate and equipment does not have to be disassembled to fit through requested pathway.

Inside Placement and/or Assembly-Professional Fitness Concepts, Inc. does not arrange for inside delivery or assembly of equipment for equipment delivered outside of our local delivery area. If need be, we can recommend a company that can provide inside placement and assembly of the fitness equipment. Please contact your sales representative for more details.

With any level of delivery, it is the Purchaser/owner’s responsibility to ensure equipment can fit through doorways and hallways to be placed inside the residence or business. This also applies to ceiling heights, elevator sizing, wall angles and any other potential obstructions that could impede delivery of equipment. In most cases, commercial equipment cannot be taken apart to reduce its size. Any equipment refused or returned due to size constraints will be subject to the charges outlined in paragraph 1 for refused deliveries.

It is also the responsibility of the Purchaser/Owner or that of whomever receives the equipment to make note of any damage to the equipment, at time of delivery, on the freight company’s bill of lading. Do not let the freight company driver leave until you have thoroughly inspected your shipment. It is strongly recommended that digital pictures of any damages be taken as well. It is the responsibility of the Purchaser/Owner or the designated consignee to pursue any claim of damage directly with the freight company. Professional Fitness Concepts, Inc. will not file damage claims on shipments. Please be aware that claims filed for damages that were not noted on the bill of lading have little or NO chance of reimbursement from the carrier. Freight damage is not covered under any manufacturers’ warranties. Professional Fitness Concepts will not be liable for any freight damages.

For shipments being delivered by the Professional Fitness Concepts, Inc. delivery team, Purchaser/Owner must accept shipment within 10 business days of being notified that order is ready for delivery unless prior arrangements are stated in the sales order or on the invoice. After such time, product will be placed in storage, and client is subject to storage fees in the amount of five dollars ($5) per day, per machine. Any outstanding amount owed for orders with prepaid terms will be due at this time.

6) The Purchaser/Owner expressly agrees that this sales agreement shall be governed by and enforced in accordance with the laws of the State of Illinois. Any arbitration arising out of the subject matter of this agreement shall be conducted solely in applicable courts or other appropriate setting in Illinois, and the Purchaser/Owner expressly agrees upon and consents to such jurisdiction and venue.

7) This document must be signed and returned prior to your order being placed with our vendors. If executing this agreement on behalf of a corporation, general or limited partnership or any other legal entity, signatory declare that he/she is fully authorized to do so on its behalf.

I have read all the conditions outlined in these Terms of Sale and agree to be bound by them.

Signed________________________________________________________ Date____________________________

Printed Name___________________________________________________ Title____________________________

Quote, Sales Order or Invoice #________________________________________________________________________

Quote, Sales Order or Invoice Amount__________________________________________________________________

If you would like to print and fax this please click on the link below and fax to: 815-741-5352.


PFC Terms of Sale Only.pdf

There are two ways of “signing this document”. First, on phone sales the customer can download, print, sign and fax the document back to Professional Fitness Concepts and second (sales that are made solely by the website) are subject to agreeing to these terms and conditions by explicitly clicking the checkbox on the confirmation screen prior to checkout. And by doing so you are agreeing to the terms and thus do not have to fax it in.


 

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