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Terms of Sale

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCT(S) AND/OR SERVICE(S). BY PURCHASING OR ORDERING A PRODUCT OR SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT COMPLETE YOUR ORDER.

This Terms of Sale Agreement (the “Agreement”) is a legal agreement between you (either an individual or a single entity) and AFFORDABLE FITNESS PR LLC., (“Affordable Fitness PR,” “we” or “us” or “our”), and sets forth the terms and conditions under which Affordable Fitness PR is willing to sell to you (“you” or “your”) via certain of Affordable Fitness PR’s website or phisical stores, fitness equipment and related products.

This Agreement together with the Terms of Use for the Sites and the Affordable Fitness PR Privacy Policy, represents the entire agreement between you and Affordable Fitness PR, and it supersedes any prior proposal, representation, or understanding between the parties specifically regarding the subject matter hereof.

PURCHASE

You may purchase Products on the store or through the Sites by submitting a Purchase Order to Affordable Fitness PR and paying the applicable purchase price for the Products as set forth below.

PRICES; PAYMENT

Prices.  Unless otherwise noted, all monetary amounts listed are in US Dollars. The price(s) displayed for Products on the Sites represents the full retail price listed on the Product itself. They do not include delivery, installation or tax each of which is calculated separately and added to the total price when you place your order.

Shipping and Handling. The prices displayed on the Sites do not include the cost of packing, transportation, or shipping. 

Taxes.  The prices do not include sales, use and excise taxes, tariffs, customs, duties and other governmental charges.  If due at the time of sale, these will be calculated on a case-by-case basis prior to completing your purchase and quoted in a separate line called “Taxes”.

You are responsible for paying the total purchase price including shipping costs, installation (as applicable) and all applicable taxes. .

Method of Payment.  You may pay for the Products by bank credit transfer, wire transfer, credit card or other electronic methods approved by Affordable Fitness PR. 

Terms of Payment. You must pay the full purchase price when you place your order.  No orders will be processed or shipped until payment is received in full.  If you dispute or decline your payment we reserve the right to immediately cancel your order.

CANCELLATION

With the signature of the quotation or estimate you accept the order and all orders are final. Please review carefully previous to sign.

DELIVERY AND PICK UP

Shipment.  We will contact you to arrange shipment and pick up dates .  Affordable Fitness PR will devote good faith efforts to deliver the Products by the agreed delivery date. However, shipment dates are approximate and they are NOT guaranteed and such dates are not the essence of any order. You waive all claims for damages due to delay in delivery of the Products which is beyond the control of Affordable Fitness PR. Affordable Fitness PR shall have the right to deliver Products in one or multiple shipments. 

Delivery.  Affordable Fitness PR shall use good faith efforts to deliver the Products to the designated location specified by you at the time of purchase.    Title to Products passes from Affordable Fitness PR to you upon shipment from Affordable Fitness PR’s facility (or, if applicable, the third party manufacturer's facility) or, if earlier, upon delivery by the Affordable Fitness PR to you.

Delivery Date.  Affordable Fitness PR will use commercially reasonable means to avoid, and to give you sufficient notice of, any delay in delivery of the Products; however, failure to deliver the Products by a specified date will not be sufficient cause for cancellation, nor will Affordable Fitness PR be liable for any direct, indirect, consequential or economic loss or damage due to delay in delivery, whatever the cause.  Where delivery of the Products is to be made in separate shipments, delay in delivering certain Products shall not entitle you to refuse to accept the remaining Products.  Affordable Fitness PR reserves the right to make shipments when Products are available.

Delay.  If delivery will be delayed beyond the estimated delivery date, Affordable Fitness PR will notify you with an updated delivery date.  At your option, you may cancel your order for a full refund or direct Affordable Fitness PR to proceed with delivery according to the adjusted delivery date by sending confirmation to Affordable Fitness PR at the address or toll-free telephone number listed in Affordable Fitness PR’s notice.  If you do not respond within five (5) days after the date of such notice, Affordable Fitness PR will deliver the Products by the updated delivery date, except in cases of force majeure.

Force Majeure.  Without limiting any provision in the previous section, you agree that Affordable Fitness PR shall not be liable or be deemed to be in breach of this Agreement for any failure to perform, or delay in performing, any of Affordable Fitness PR's obligations in relation to the Products if the delay or failure was due to any cause beyond Affordable Fitness PR's reasonable control.  Causes beyond Affordable Fitness PR's reasonable control shall include, but not be limited to, acts of God, flood, explosion, natural catastrophe, storms, fire or accident; war or threat of war, blockade, sabotage, insurrection, terrorism, riot or civil disturbance; acts, restrictions, regulations, laws, prohibitions or measures of any kind on the part of any governmental, international, federal, state or local authority; import or export regulations or embargoes; strikes or other industrial actions or trade disputes (whether involving employees of Affordable Fitness PR or a third party); problems in obtaining raw materials, labor, transportation, fuel, parts or machinery; and power failure or breakdown in machinery, including computer or other equipment failure.  In the event of any such default or delay, the date for performance shall be extended for a period equal to the period during which such aforesaid cause, circumstance or contingency remains in effect.

ACCEPTANCE; RETURNS

Returns.  You may not return any Product. The sales are final.

Affordable Fitness PR at its sole descretion can accept trade ins or interchange.

Acceptance; Nonconforming Orders.  You must notify Affordable Fitness PR in writing within one (1) day of the date Products are delivered (if shipped) or physically received (if you pick them up) if you believe that any Product does not conform to the terms of the order or are damaged or defective. Affordable Fitness PR may elect to cure any defect identified by you as provided below. Upon completion of Affordable Fitness PR’s cure or the expiration of the one (1) day period, you will be deemed to have accepted the Products as meeting the requirements of your order.  You expressly waive any right to revoke such acceptance for any reason, whether known or unknown at the time of acceptance. Under no circumstance are you entitled to revoke an acceptance of any Product after the one (1) day period and failure to timely report defects will void any right to return any Product for credit or replacement. Any alleged defect or nonconformance which may become apparent in the Products after acceptance shall be subject to the Limited Warranty.

Product Returns.  Products are not returnable for any reason without our authoritation. You are responsible for returning the Products to Affordable Fitness PR within 3-days after you have been received our authoritation.  All returns are at your own expense and risk of loss or damage to the Products.  All returns are subject to the following:

You must return the Product undamaged and in its original condition;

You must return all original manuals, paper work, parts and accessories with the returned Product.

Except for damaged or non-conforming Products, original delivery costs are not refundable and you are responsible for all shipping costs, insurance for returns and any damage and loss suffered by the returned Products until the time they are delivered to Affordable Fitness PR.

Once the returned Product is delivered to Affordable Fitness PR, we will inspect it for damage. If the Product is returned in its original condition, new, not used (with the exception of limited use necessary to verify the characteristics and functioning of the Product) together with the labels and original documentation and packaging we will refund your payment as above less any diminished value of the Product due to your handling of it (including damage in transit or during your use of the Product prior to return).  .

Unauthorized Returns.  Affordable Fitness PR will not provide a refund or credit for any Product returned without a valid authoritation.  You assume all shipping and handling charges for any unauthorized return.

LIMITED WARRANTY

Limited Equipment Warranty.  Affordable Fitness PR extends the manufacture’s warrants to you (the original purchaser) that the Product will be free from manufacturing defects in workmanship and materials for a the period expecified by each manufacturer.All shipping charges associated with returning the defective Product to Affordable Fitness PR shall be the sole responsibility of the purchaser. This warranty is extended and is valid only to you, the original purchaser, and is not transferable or applicable to any other person(s).

Exclusions. THIS LIMITED WARRANTY DOES NOT COVER OR APPLY TO: (a) any damage to the Product due to misuse, mishandling or abuse; (b) Products not used in accordance with manufacturer’s instructions or recommendations; (c) normal wear and tear (including without limitation cables, padding, rubber, and plastic components); (d) Products that were damaged in transit to the purchaser; (e) any Products that have been customized (including, without limitation, by painting); (f) operation in a manner contrary to documentation provided to you with the Product; or (g) any products (including, without limitation, any accessory parts, components, supplies or other products that may be included as part of or otherwise packaged with the products) manufactured by any third party.  This limited warranty is non-transferrable.

THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES.  NEITHER AFFORDABLE FITNESS PR NOR ANY OF ITS AFFILIATES MAKES ANY OTHER WARRANTIES WHATSOEVER, AND AFFORDABLE FITNESS PR HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND WHETHER WRITTEN OR ORAL, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.

Exclusive Remedy: except where prohibited by law, LIABILITY OF AFFORDABLE FITNESS PR FOR AN ALLEGED DEFECTIVE PRODUCT SHALL BE LIMITED TO REPLACEMENT OF PARTS FOR THE PRODUCT AND/OR THE PRODUCT, AND AT AFFORDABLE FITNESS PR’S SOLE OPTION.  THE FOREGOING CONSTITUTES BUYER'S SOLE AND EXCLUSIVE REMEDY, IN LIEU OF ALL OTHER REMEDIES, FOR AFFORDABLE FITNESS PR FURNISHING DEFECTIVE OR NONCONFORMING PRODUCTS, MATERIALS, PARTS OR SERVICE.

LIMITATION OF LIABILITY

Assumption of Risk:  You understand that the use of Affordable Fitness PR products and any strenuous, challenging and or aggressive activities involves risk of injury.  You assume all such risk, including risk of property damage, bodily injury or death, and all other damage or potential damage, whether known or unknown.  By using Affordable Fitness PR Products You waive and release Affordable Fitness PR and its officers, employees, agents, and affiliates from all damage, injury, death, loss, or other liability that You may suffer or incur as a result of Your use of the Products.

Limitation of Liability: except where prohibited by law, AFFORDABLE FITNESS PR’S TOTAL LIABILITY TO THE BUYER OR ANY OTHER THIRD-PARTY FOR ALL TYPES OF LOSSES OR DAMAGE, WHETHER ON ACCOUNT OF NEGLIGENCE, STRICT LIABILITY IN TORT, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHERWISE, AT LAW OR IN EQUITY, SHALL IN NO EVENT EXCEED THE TOTAL CONTRACT PRICE FOR ANY PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGE OCCUR AND SHALL NOT EXCEED THE PRICE YOU PAID FOR THE AFFORDABLE FITNESS PR HOME WELLNESS PRODUCT(S) YOU PURCHASED. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL AFFORDABLE FITNESS PR BY LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OR INJURY TO PERSON OR PROPERTY, INCLUDING DEATH OR INJURY, RESULTING IN WHOLE OR IN PART FROM FAILURE OR ERRONEOUS INSTALLATION OF THE PRODUCT OR USE OF THE PRODUCT IN A MANNER OTHER THAN AS SET FORTH IN THE PRODUCT DOCUMENTATION.   NEITHER SHALL AFFORDABLE FITNESS PR BE LIABLE FOR INJURY OR DEATH RESULTING FROM THE USE OF THE PRODUCT IN VIOLATION OF THE PRODUCT SAFETY GUIDELINES DESCRIBED IN THE DOCUMENTATION ACCOMPANYING THE PRODUCT, INCLUDING ANY ARISING FROM USE OF THE PRODUCT BY ANY PERSON WHO IS NOT, AT THE TIME OF USE, IN PHYSICAL CONDITION ADEQUATE TO PERFORM VIGOROUS EXERCISE.

No Consequential Damages. IN NO EVENT, INCLUDING LATE DELIVERY OR FAILURE TO DELIVER, SHALL AFFORDABLE FITNESS PR BE LIABLE TO ANYONE FOR SPECIAL, COLLATERAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM ANY BREACH OF ANY OF THE PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, PROVISIONS REGARDING WARRANTIES, GUARANTEES, INDEMNITIES, AND PATENT INFRINGEMENT (SUCH EXCLUDED DAMAGES TO INCLUDE BUT NOT BE LIMITED TO, COSTS OF REMOVAL AND REINSTALLATION OF PRODUCTS OR ITEMS, LOSS OF GOODWILL, LOSS OF USE, PERSONAL INJURY, OR ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF REASONABLE CARE OR OF WORKMANLIKE EFFORT).  THESE LIMITATIONS AND EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND SHALL APPLY EVEN IF AFFORDABLE FITNESS PR OR ANY SUPPLIER OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT OR PRODUCT LIABILITY, MISREPRESENTATION OR OTHER REASON.  THIS PROVISION WILL SURVIVE THE TERMINATION OF THIS CONTRACT BY THE PROVISIONS CONTAINED THEREIN OR THROUGH THE OPERATION OF LAW.

DISPUTE RESOLUTION

Except for an action seeking injunctive relief related to this Agreement, or entry and enforcement of any judgment on any arbitration award, you agree to resolve any dispute by binding arbitration by an arbitrator pursuant to the Expedited Procedures of the American Arbitration Association (if you are a U.S. party) or under the rules of conciliation and arbitration of the International Chamber of Commerce (if you are not a U.S. party).  The arbitration shall be held in San Juan ,Puerto Rico, or such other location as mutually agreed.  The award rendered by arbitration shall be final, binding and a non-appealable judgment and the award may be entered in any court having jurisdiction thereof for purposes of judicial enforcement.  The prevailing party shall be entitled to all reasonable attorneys’ fees and costs incurred with respect to the arbitration and any appeal thereof.  Special, consequential or punitive damages shall not be awarded by the arbitrator. YOU AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF THE APPLICABLE RULES ALLOW FOR SUCH.

MISCELLANEOUS

Assignment. You shall not assign any of you rights, obligations or privileges hereunder without the prior written consent of Affordable Fitness PR.

Construction and Headings.  The captions and headings used in this Agreement are inserted for convenience only and do not form part of this Agreement or affect the meaning or interpretation of this Agreement.

Severability; Scope.  If any provision of this Agreement is held to be illegal, invalid, or unenforceable, such provision shall be eliminated solely to the extent that it is illegal, invalid, or unenforceable without invalidating the remainder of such provision or the remaining provisions of this Agreement.

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