TERMS AND CONDITIONS

The following terms and conditions govern all sales of Fitness Flooring materials whether made pursuant to oral or written orders to its representatives, and are accepted by the Buyer upon acceptance of the quotation on the face hereof or on the previous page if a facsimile.

  1. Approval of Orders. Orders are subject to approval of Fitness Flooring, Inc. at Indianapolis, IN. If not accepted and approved, Buyer will be notified promptly.
  2. This contract shall at all times be governed under the laws of the State of Indiana.
  3. Cancellations and Returns. Buyer’s cancellation will be accepted only upon buyer’s acceptance and payment of a cancellation charge equal to 15% of the contract price. No material may be returned without Fitness Flooring’s prior written consent.
  4. Force Majeure. Fitness Flooring shall not be liable for any damage or claims for failure to ship or delays in shipment due to acts of God, war, riots, civil commotion, embargoes, governmental regulations, Fitness Flooring’s inability to obtain necessary materials from its usual source of supply, delays in transit, labor disturbances, or any other cause not reasonably within the control of Fitness Flooring.
  5. Warranty. All goods sold by Fitness Flooring are warranted to be free from defects in material and workmanship. See product literature for individual product warranties. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. Fitness Flooring shall not be liable for damage or injury arising from improper use of its materials or products. Liability for defects or errors shall extend only to the furnishing of materials to replace the defective materials, and shall not cover direct or indirect resultant costs or damage which might arise there from.
  6. Taxes. All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale of any material, labor or freight covered hereby, shall be paid and borne by Buyer.
  7. Title to Materials. Title to the materials shall pass to Buyer upon delivery to the carrier. Delivery of material to carrier shall constitute delivery thereof to Buyer, and thereafter such materials shall be at Buyer’s risk. When shipment is received and damage to merchandise is found, note this on the delivery receipt. If damage is unnoticed until merchandise is unpacked, notify freight company’s office immediately and confirm in writing within 15 days. Ask to have shipment inspected. Do not destroy packing materials until shipment is inspected and claim settled. If the shipment delivered to you does not coincide in type or quantity as shown on your delivery receipt, note the shortage on the Freight Bill and Bill of Lading. Failure to make this notation will release the carrier from responsibility.
  8. In the event Buyer should fail to make payments and comply with the Terms and Conditions set forth in this proposal, Fitness Flooring shall have the right to costs of collection, including all court costs and reasonable attorney fees. Buyer hereby grants Fitness Flooring a security interest in any and all materials sold to Buyer pursuant to this contract to secure the payment of all indebtedness now existing or hereafter arising due Fitness Flooring hereunder. Buyer agrees to execute all financing statements necessary to perfect Fitness Flooring’s security interest described herein and further authorizes Fitness Flooring to execute on Buyer’s behalf such financing statements Fitness Flooring deems necessary.
  9. Acceptance of orders is based on the express condition that Buyer agrees to all of the terms and conditions expressed herein. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Fitness Flooring unless made in writing and signed by a Fitness Flooring representative.