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Terms and Conditions of Sale

ACCEPTANCE: The terms and conditions of sale are only those stated below and on the actual Sales Order or Invoice.  No terms additional to or different from those stated below and on the actual Sales Order or Invoice will be binding upon MDC Acquisition Co. d/b/a Fitness Wholesale (“Seller”), and are expressly rejected by Seller, unless agreed to in writing by an authorized agent of Seller.

PRICING AND DELIVERY: The prices quoted by Seller, unless otherwise specified, are F.O.B. shipping point and do not include sales, use, excise or other taxes, duties, transportation expenses or insurance. Such additional costs are the sole responsibility of Purchaser. Title and risk of loss to each item being purchased shall pass to Purchaser when delivered to the carrier selected by Purchaser on the order form and Seller shall not be responsible for items damaged or lost in transit.

PAYMENT: Payment on all merchandise exported out of the United States shall be made in advance. For any U.S. shipment not pre-paid, Purchaser shall pay all invoices within twenty (20) days after the date of invoice or the date of shipment, whichever shall occur first. Seller may reschedule or cancel shipments as a result of Purchaser’s failure to pay any invoices from Seller, whether relating to such rescheduled or canceled shipment or otherwise, and, in such event, Seller shall not be liable for any costs or damages resulting from such delay or cancellation. Interest shall accrue on all unpaid invoices at the rate of 18% per annum, compounded monthly, beginning on the 21st day after the date of such invoice. If Seller commences legal proceedings to collect any amounts due, Purchaser shall be liable for all charges, including, without limitation, court costs and attorney fees incurred by Seller in enforcing its rights under the Agreement and applicable law.

EXPORT CONTROL: If Purchaser exports any item received from Seller from the United States, then Purchaser shall be solely responsible for compliance with all export law, rules and regulations of the United States and the country of destination.

ERRORS: All claims for damages, errors, shortages or defects of any kind shall be made by Purchaser to Seller in writing within a period of three (3) days after the goods are delivered to Purchaser. Failure to make a claim shall constitute an irrevocable acceptance of the goods and shall terminate the responsibility of Seller with respect to the goods. Goods may not be returned to Seller without its prior permission.

CANCELLATION: Purchaser may not cancel any order that requires any customized work like cutting or printing of bands without the written consent of Seller.

WARRANTIES: Seller warrants that the goods will be the goods specified on the Sales Order or Invoice Document.  EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING SENTENCE, SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY EXCLUDED.  To the extent allowed by Seller’s suppliers and manufacturers, Seller will pass on any warranties supplied by such suppliers and manufacturers.  More on Warranties.

LIMITATION OF DAMAGES: Purchaser’s sole remedy, and Seller’s sole liability for non-conforming goods rejected as provided herein, shall be limited to replacement of the products or, at Seller’s option, refunding the portion of the price of such non-conforming products paid to Seller.  In no event shall Seller’s liability for claim, loss, costs of damages relating to any products hipped, stored, sold or delivered hereunder, exceed the purchase price therefore, nor shall Seller be liable for any loss, charge or damages resulting form its inability to procure any products ordered by Seller of for delays or failure to deliver products hereunder.  IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHER FORM OF ACTION, EVEN IF SELLER HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. 

DELIVERY: FORCE MAJEURE. Delivery dates are approximate. Seller shall not be liable and shall be excused for failure of or delay in performance of its obligations due to causes or events beyond its reasonable control, including but not limited to: any acts of God or the elements, fire, flood, epidemic, quarantine restriction, war, terrorism, embargoes, mechanical breakdown, accident to machinery, acts of civil or military authorities, any civil commotion, riots, strikes, lockouts, or other industrial dispute, shortage or inabilities to obtain transportation, fuel, labor, supplies, materials, or power.

GENERAL PROVISIONS: This Agreement is governed by and shall be interpreted in accordance with the substantive law of the State of Ohio.  Purchaser and Seller agree that any legal suit, action, or proceeding to collect payment due hereunder from Purchaser or otherwise arising out of or relating to this Agreement shall be instituted in a State or Federal Court in the City of Akron, County of Summit, and State of Ohio, and Purchaser waives any objection which it may have now or hereafter to the laying of venue of any suit, action or proceeding. The parties hereto expressly waive their rights to trial by jury with respect to all issues.

 
 

Fitness Wholesale online: Fitness Wholesale Limited Warranty

MDC Acquisition Co. d/b/a Fitness Wholesale warrants that the goods will be the goods specified on the sales order or invoice document.  EXCEPT AS EXPRESSLY SET FORTH IN THE FOREGOING SENTENCE, FITNESS WHOLESALE MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL SUCH WARRANTIES BEING HEREBY EXPRESSLY EXCLUDED.  To the extent allowed by our suppliers and manufacturers (“Vendors’), we will pass on any warranties supplied by our suppliers and manufacturers.

Merchandise should be inspected carefully upon delivery. All products are warranted by the Vendor against defects in materials and/or workmanship for a period of time from the invoice date.  This period of time varies from Vendor to Vendor. Please check specific time periods for each product in question.

Some of our Vendors do not specify a warranty time period. In such cases, the warranty will be listed as "MANUFACTURER’S DISCRETION." This means the Vendor believes their product to be a high performance product free from defect when used for normal recreational purposes. In the case of a manufacturing defect, the product can be returned within a reasonable time after it has been put to use.  Normal wear and tear or misuse of the product will not be refunded or replaced.

An example of the above manufacturer’s discretion policy is the latex products, such as tubing and bands.  Most latex products, if there is a defect, will fail within the first week of use.  If you believe the product to be defective because it has failed after this period of time, return the product to us for inspection.  We and the Vendor will determine if the failure occurred due to a manufacturer’s defect, improper application, or normal wear and tear, in our sole discretion.

In the event of failure of a product to conform the Vendor’s warranty during the warranty period, you must return the product to the location shown below at your own expense, unless otherwise approved by us in advance.  Fitness Wholesale will repair or replace, at the Vendor’s direction, as the case may be, the product or any covered part.  These warranties do not cover damage caused by accident (including in transit), or repairs or attempted repairs by any person not authorized by the Vendor, or vandalism, misuse, abuse or alteration of the product.  Return shipping cost (via economical ground transport), is usually refunded if the product is determined to be defective.

Defective product may be returned to

MDC Acquisition Co. d/b/a Fitness Wholesale

8595 Milliken Ave

Rancho Cucamonga, CA  91730

Be sure to include: 
 

• Legible return address
• Daytime phone number
• Brief statement concerning defect in question
• Your customer number, sales order number and/or proof of purchase

 
 

Any questions, please contact a sales representative at Fitness Wholesale 
 

Phone 1-800-537-5512 or 330-929-7227 
 

Fax: 1-800-232-9348 or 330-929-7250 
 

e-mail fw@fwonline.com