Buyer accepts and agrees to prices, specifications, and FitnessFacility.com's standard terms and conditions of sale. Volume discounts indicated are based on equipment quantities indicated on this order. Changes to final equipment selection and quantities may affect available discounts.
In the event payment terms other than prepay orders have been extended, invoices are due and payable as specified. FitnessFacility.com may impose a late charge and/or service charge equal to the lesser of 18% per annum (1-1/2% per month) or the maximum rate allowed by law upon any unpaid balance past due by more than 30 days. Customer shall promptly pay or reimburse FF.com for all sales, use, value added service, excise, or other taxes and similar assessments arising out of the purchase of the equipment. Customer shall be liable for costs of collections (including attorney fees) incurred by FF.com to collect payment due.
Until the purchase price for the equipment is fully paid, FF.com will have a purchase money security interest in the equipment and all additions or replacements thereto or proceeds thereof. FF.com may file financing statements under applicable law to evidence or perfect such security interest. Customer agrees to execute and deliver any such financing statements or other documents which FF.com deems appropriate in order to perfect or otherwise obtain the benefits of such security interest.
The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. FF.com will not be liable for any direct, special, indirect or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will FF.com be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage; nor will FF.com's liability to Customer (under contract, tort or otherwise) exceed the amount by Customer under this agreement for the relevant equipment.
FF.com makes no warranties, expresses or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer, and shall be governed by the requirements of the manufacturer's warranty requirements and specifications.
No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized representative of FF.com at the main office. These Terms and Conditions represent the entire understanding between FF.com and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings or agreements between Customer and FF.com. Customer acknowledges that FF.com would not sell the equipment to Customer without each of these Terms and Conditions being effective. Should any portion of these Terms and Conditions be unenforceable or unlawful, the balance shall remain in full force and effect, to the extent legally possible. Customer recognizes and acknowledges that there is no "Cooling Off" period with regard to the purchase of the Equipment from FF.com and there are no return rights or warranties provided by FF.com.