Legal
Terms of Use
Welcome to RMS Fitness. By accessing our website, you agree to be bound by these Terms of Use and all applicable laws and regulations.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on RMS Fitness's website for personal, non-commercial transitory viewing only.
Disclaimer
The materials on RMS Fitness's website are provided on an 'as is' basis. RMS Fitness makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Limitations
In no event shall RMS Fitness or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on RMS Fitness's website.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Maryland and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Terms and Conditions of Sale
- By accepting this Quote, Customer agrees (a) to be bound by the terms hereof and (b) if applicable, to allow the transaction to proceed without a Customer-issued purchase order or other form of purchase agreement as a condition for payment.
- Any additional or different terms or conditions which appear on Customer’s document (including its Purchase Orders) that are inconsistent with the RMS Fitness Terms and Conditions of Sale shall be voided and of no effect.
- Orders canceled by Customer within 60 Days prior to requested installation date based on Section 9 below, or after shipment (or after production starts for "Built To Order" products) are subjected to a 20% restocking fee.
- Delays in delivery at Customer’s request or due to Customer’s failure may result in storage fees.
- Prices set forth in this Quote are good for 30 Days.
- All invoices and any payments due thereon related to this Quote will be in U.S. Dollars and will reflect Exchange Rate at time of shipment.
- Payment terms and credit lines are subject to RMS Fitness credit approval.
- RMS Fitness reserves the right to limit the use of credit cards. A service fee for credit transactions may apply.
- RMS Fitness reserves the right to adjust the prices contained herein for freight and installation up through sixty (60) days after completion of installation in accordance with corresponding increases in costs imposed by freight carriers (i.e. transportation via truck, train, ship, or aircraft) and/or directly related to performing the installation (i.e. delivery, labor, fuel, permits, certifications, redelivery, bolt down service.) In addition, where: (i) the parties agree that the requested delivery date shall be more than 4 months after the date of this Quote (even if this Quote is not executed), (ii) due to any delay falling within the Customer’s responsibilities, the actual delivery date is made more than 4 months after the date of this Quote, or (iii) the actual delivery date shall be more than 4 months after the date of this Quote (except if the delay was due to the sole fault of RMS Fitness), then RMS Fitness shall be entitled to increase the agreed prices appropriately if RMS Fitness experiences any increase in its costs related to personnel responsible for manufacturing, assembling and/or delivering and installing the products, macroeconomic conditions such as taxes, tariffs or duties, natural disasters, and labor shortages/strikes. This shall be in addition to other remedies available under these terms and conditions.
- Until all Products are paid for in full, Customer grants to, and RMS Fitness shall retain, a security interest in and lien on all Products sold to Customer and all proceeds arising from our sale of the Products by Customer and all discounts rebates, and other funds on Customer’s account payable by RMS Fitness. Customer authorizes RMS Fitness to, at any time and from time to time, file financing statements, continuation statements, and amendments thereto that describe the Collateral, and which contain any other information required pursuant to the UCC or the sufficiency of filing office acceptance of any financing statement, continuation statement, or amendment, and Customer agrees to furnish any such information to RMS Fitness promptly upon request. Any such financing statement, continuation statement, or amendment may be signed by RMS Fitness on behalf of Customer and may be filed at any time in any jurisdiction. Upon RMS Fitness’ request, a Customer shall execute such documents that may be necessary or reasonable to protect RMS Fitness’ security interest.
- When accepted, this Quote may be processed, fulfilled, and/or invoiced by RMS Fitness and customer agrees to make any required payments.
- RMS Fitness may require a deposit up to 2/3 of the amount of the products on the quote plus shipping. If deposit is required, it must be paid prior to products being ordered. If this is a custom order, the product plus shipping will need to be paid in full prior to ordering.
- Financing options are available. For more information, please contact your sales representative.
- This quote may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
- ALL SALES ARE FINAL. NO RETURNS, REFUNDS, OR EXCHANGES EXCEPT AS PROVIDED IN THE TERMS AND CONDITIONS OF SALE.
