Terms of Service
Welcome to Gym Parts Depot through www.gympartsdepot.com.
In order to use the services provided under this web site to purchase product from Gym Parts Depot, 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
Gym Parts Depot 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"e;) is between the purchaser identified in the name and e-mail address ("e;Customer"e;) and Gym Parts Depot, Inc. ("e;Gym Parts Depot"e;). By signing below, the parties agree that Customer shall purchase from Gym Parts Depot and Gym Parts Depot shall sell to Customer the equipment described below ("e;Equipment"e;), on the following terms and conditions:
1. EQUIPMENT
The term Equipment means the following reconditioned exercise and related equipment sold by Gym Parts Depot to Customer:
2. PRICE & PAYMENT
a. Customer shall pay Gym Parts Depot the sum of money described in the checkout cart, for the Equipment ("e;Contract Price"e;) by bank certified check, cash or credit card.
b. Customer shall pay the Contract Price to Gym Parts Depot as follows [check one]:
i. The total Contract Price upon execution of this Agreement. By clicking I Agree at the bottom of this agreement.
3. WARRANTIES
a. "e;As Is"e; Sale. The Equipment and/or Parts are sold "e;as is"e; and "e;where is,"e; without any express or implied warranties, except that the Equipment and.or Parts are free and clear of any liens or encumbrances.
GYM PARTS DEPOT MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT AND/OR PARTS, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL GYM PARTS DEPOT 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 AND OR PARTS.
b. GYM PARTS DEPOT 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 GYM PARTS DEPOT 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 GYM PARTS DEPOT.
4. COST & FREIGHT; SHIPMENT & INSURANCE
The Equipment and/or Parts are sold on a "e;Cost & Freight"e; basis, and Gym Parts Depot will arrange shipment. Gym Parts Depot shall not be liable or responsible for any damages that may occur to the Equipment and/or Parts after it has been shipped from Gym Parts Depot’s premises. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Gym Parts Depot’s premises.
5. DELIVERY
Gym Parts Depot does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Gym Parts Depot shall only be an estimated date. In no way is this a "e;time is of the essence"e; clause; nevertheless, Gym Parts Depot will use its best efforts to deliver the Equipment and/or Parts 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, Gym Parts Depot will at Customer's request provide Customer with a full refund of any money paid to it by Customer for the Equipment and/or Parts.
6. INSPECTION
Customer agrees to inspect the Equipment and/or Parts prior to shipment. If Customer fails to do so, it shall be prima facie evidence that the Equipment and/or Parts 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, Gym Parts Depot shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Gym Parts Depot may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Gym Parts Depot if Customer fails to pay for the Equipment and/or Parts and fails to cure as set out above, Customer agrees Gym Parts Depot shall be entitled to retain any Down payment as liquidated damages.
8. RETURNS & COSTS
If for any reason the Equipment is returned to Gym Parts Depot, Customer agrees to pay Gym Parts Depot (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 Gym Parts Depot is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment and/or Parts, Gym Parts Depot 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 Gym Parts Depot in the event any mechanical or other defect results in any injury to property or person.
10. USE OF EQUIPMENT; INDEMNITY
Gym Parts Depot has no control over Customer's use or operation of the Equipment and/or Parts; Customer therefore assumes all responsibilities and risks associated with the Equipment's use and operation. Customer agrees to indemnify and hold Gym Parts Depot 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 and/or Parts.
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. Gym Parts Depot 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 Gym Parts Depot, 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.