These terms and conditions of sale (“Terms and Conditions”) govern the offer and sale between The Dumbell Man Fitness Equipment, a corporation incorporated under the laws of California, with its principal office at 655 Hawaii Ave., Torrance, CA, phone: (310) 381-2900, email: admin@dumbellman.com, (hereinafter the “Vendor”) and the purchaser/owner (hereinafter the “Buyer”) of the goods and/or services (collectively the “Goods”) sold by the Vendor.
If the Buyer is interested in the purchase, he/she is invited to carefully read these Terms and Conditions of Sale before buying the Goods. When buying the Goods from the Vendor, Buyer declares that he/she has read and expressly approves these Terms and Conditions of Sale. We suggest printing a copy of these Terms and Conditions of Sale and/or saving them for future reference. The Vendor may use subcontractors to fulfil the transport and/or installation of the Goods and/or other services ordered.
The Buyer expressly agrees that this sales agreement shall be governed by and enforced in accordance with the laws of the State of California. Any arbitration arising out of the subject matter of this agreement shall be conducted solely in applicable courts or other appropriate setting in California, and the Buyer expressly agrees upon and consents to such jurisdiction and venue.
Contract Formation
By confirming the purchase order, the Buyer declares that he/she has reached the age of legal majority, that he/she has the necessary legal capacity, and that he/she is legally authorized to execute purchase contracts. By sending the purchase order, the Buyer confirms that he/she has read, understands, and accepted all these Terms and Conditions of Sale. The Vendor will accept the purchase order by sending an order confirmation to the email address supplied by the Buyer. The Buyer expressly accepts this form of communication for the exchange of information regarding the execution of the sale contract.
Payment and Order Terms
Vendor requires a down payment to initiate all orders. Buyer agrees to pay order in full prior to delivery unless Vendor has approved special payment terms.
The Buyer agrees equipment prices, shipping costs and installation costs are subject to increase and are only guaranteed after required down payment has been received, unless Vendor has approved special payment terms.
Buyer agrees to pay a finance charge in the amount of 1.5% per month (18% APR) for all amounts not paid within specified terms, together with reasonable collections and attorney fees. Payments made by credit card are subject to a 4.0% processing fee.
If Buyer does not meet payment terms, Vendor has the right, upon five days’ written notice via e-mail, demand return of the Goods. Upon receipt of such written notice, Buyer shall deliver all Goods to Vendor.
By signing the Order/Estimate, Buyer approves of the Layout provided in the proposal, if any. Any changes to the layout would require Buyer’s approval and may result in delivery and installation delays and additional charges.
Vendor’s Responsibility
The Vendor declines all liability for any damage to property and/or injury to persons arising from any use of the Goods that does not conform to the indications in the user manual or any other document or notice attached to the Goods, or arising from use of the Goods that have not been fixed to the ground (or to the wall or ceiling) in accordance with the instructions in the manual or any other document or notice sent with the Goods, as well as damage to property and/or injury to persons arising from the fulfilment of the delivery and/or installation services and/or any other services, even if carried out by sub-contractors of the Vendor.
The Vendor further declines all liability for damage arising from use of the Goods by persons who are not in a suitable physical condition. Buyer and users should consult with a medical professional before using any of the Goods. Buyer should read the user manual of the Goods carefully before use, to ensure correct use, and to comply strictly with the safety regulations displayed.
Buyers agree to and do hereby indemnify and hold harmless Seller against all costs and expenses, including attorney’s fees, damages, liabilities and judgments for personal injuries, including death, resulting from the use or misuse of the Goods, the Buyer’s failure to provide adequate instructions to individuals using the products, failure to provide required product maintenance, and/or failure to anchor product as provided in Manufacturer’s Owner’s Manual, however caused or alleged to have been caused directly or indirectly by Buyer, its agents, officers, directors and employees.
The Vendor shall not be liable for any indirect damage caused by the Goods. Limitations on the liability of the Vendor do not apply: (a) in the event of the death of or harm to the person caused by the gross negligence of the Vendor; (b) in the case of willful misconduct or gross negligence by the Vendor; (c) in any other circumstance which, according to law, does not allow for limitations on liability.
In the event Vendor 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.
Right of Cancellation of Buyers
All sales are final. Due to the custom-made nature of the Goods, Buyer cannot cancel once the order has processed. All orders for flooring products are non-refundable.
If the Buyer refuses to take delivery of an order, Buyer is liable for all delivery and return freight charges and a restocking fee of 25% of the total order.
Warranty Information
New equipment typically has a standard manufacturer’s warranty. Vendor disclaims any warranty on the equipment. Only such warranties as may be provided through the manufacturer are in force and Vendor 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 Vendor. Buyer understands that proof of recommended factory service maintenance may be needed to obtain warranty service.
Buyer hereby releases and holds Vendor 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 used, demo, and remanufactured equipment is subject to availability, and is sold on a first-come, first-sold basis. Remanufactured equipment warranties and policies vary by remanufacturer. Manuals are not provided with remanufactured equipment; however, most are available online at no charge.
Delivery Conditions
Any delivery date stated under this sales agreement is Vendor’s best estimate and is based upon prompt receipt of all necessary information and payment from Buyer. Vendor makes no guarantee of delivery by estimated 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. Vendor 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, manufacturers’ delays, custom order production delays, or any other cause beyond Buyer’s control.
For orders shipped by the Vendor using a freight company, the Buyer is responsible for providing accurate contact information and keeping scheduled delivery appointments with the freight company. Buyer is liable for all fees incurred for attempted redelivery of an order.
Buyer is responsible for any storage fees assessed by the freight company if the Buyer is unreachable 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 Buyer 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, Buyer is liable for all delivery and return freight charges and a 25% restocking fee.
Buyer is responsible for ensuring equipment can fit through doorways and hallways of the residence/business on delivery. 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. Buyer is responsible for additional hourly labor if equipment is disassembled/reassembled due to these obstructions. If any equipment is refused or returned due to size constraints or obstructions, Buyer is liable for all delivery and return freight charges and a 25% restocking fee.
Buyer is responsible to make note of any damage to the equipment, at time of delivery, on the freight company’s bill of lading. Vendor recommends that the Buyer inspects the Goods and takes digital pictures of Goods upon receipt before the freight company leaves the property.
Buyer is responsible to pursue any damage claims directly with the freight company. Vendor will not file damage claims on shipments. Damage claims not noted on the bill of lading typically have little or no chance of reimbursement from freight companies. Freight damage is not covered under any manufacturers’ warranties. Vendor is not liable for any freight damages.
Storage Fees
Vendor fees may be charged at a rate of $2.00 per square foot per month, for equipment storage if Buyer’s requested delivery date is delayed.
Safety Precautions
Spacing behind treadmills shall be at least the width of the treadmill and a minimum of two meters (6’ 7”) past the back end of the treadmill. Buyer is solely responsible for any bodily injury or property damage arising out of, or in any way relating to inadequate treadmill spacing, used behind treadmills.
Manufacturers recommend and/or require that strength equipment be secured to the floor, wall, or ceiling to prevent tipping, rocking, or displacement which might occur in the event of unanticipated use of the equipment. Buyer acknowledges that it is responsible for securing the equipment to the floor, wall or ceiling as recommended or required by the manufacturer. The Dumbell Man Fitness Equipment does not anchor equipment.
Updated March 27, 2024