Terms & Conditions
Warranty: All products come with a manufacturer’s warranty card. Warranty assumes that all products are shipped free from manufacturing defects in materials, structure, workmanship or finish. The warranty does not include damage resulting from misuse, alteration, negligence, abuse, extreme weather conditions, accidents, shipping damage, fire, flood or any other condition that would not be considered normal use or normal facility application. Any warranty disputes will be at the sole discretion of the manufacturer who reserves the option to repair, replace, or refund if the product is found defective upon inspection. A clear photograph of the defect also may be necessary for such claims.
Prices and Products: All prices are FOB factory and are subject to change without notice. All products are manufactured by various OEM manufacturers. Product pricing does not include any freight, installation, sales taxes or other miscellaneous costs. Product specifications (including color) may vary from brochure. All prices listed are based on USD or United States Dollars.
Purchase Orders: Orders may be sent via fax, email or mail, and must include complete billing and shipping information as well as product color and item numbers. Minimum orders are based on case pack volumes only, as our casing programs are designed to minimize freight costs. All orders are subject to acceptance by Company. A signed order form may be required by Company to confirm an order, even if Buyer uses a purchase order.
Processing of Purchase Orders: Sales transactions may be processed by Brigadoon Fitness, Hotel Fitness, Orange Italia, sales rep groups, distributors or manufacturers.
Change Orders: Product orders are scheduled for delivery when order is received and placed into a specified production run based on original required delivery dates. A minimum fifteen (15) business days’ notice is required to change delivery or shipping dates. Shorter notice may cause you to incur storage charges, re-consignment charges or re-delivery charges.
Payment Terms: Most orders and all custom orders require payment in full upon placement of order and prior to manufacturing or shipping. Repeat customers that have historically proven to Company to be credit-worthy may be offered payment terms of Net 30. A monthly service charge of 1.8% of the outstanding balance will be added to all past due invoices. Buyer shall be liable to pay all reasonable attorney’s fees, court costs and other related collection costs and expenses incurred by Brigadoon Companies (Company) in an effort to get an outstanding invoice paid.
Credit Card: If you have elected to pay any portion of the order with a credit card, your signature document will authorize Company to charge your credit card for payment of goods and services per agreement.
Prior to Ordering: Prior to ordering, it is the Buyer’s sole responsibility to verify that goods quoted or ordered meet required or reasonably acceptable standards and specifications. Company makes no implication on quoting the exacting quantity, brand, color, dimensional size, SKU, or standards and specifications to which the Buyer may be bound. Company submits proposals, quotations and floor plans based upon the general equipment needs, room size and quantities as communicated by Buyer to Company. Prior to ordering, Buyer assumes sole responsibility for confirming the goods quoted or purchased will fit in the room properly to meet any ADA codes and/or other codes and standards Buyer may be bound to.
Maintenance: All products require regular preventive maintenance and inspection. Preventive maintenance and upkeep are required to provide property warranty coverage and is not covered by warranty. Painted surfaces should be touched-up with paint when scratched. All products should be kept clean and inspected on a regular basis.
Availability: Products are manufactured to order. Please allow 8–12 weeks for normal lead time. Some in-stock products may be available in sooner. Typical shipping time is 5–7 business days for common carrier shipments in the continental U.S. Typical shipping time for specialized van line deliveries in the continental U.S. can generally be 2-3 weeks. Please contact customer service for availability and shipping options.
Parts and Repair: Replacement parts are available and can be provided by calling the parts and repair phone number posted on the equipment. In addition, local supply stores may have general components and touch-up paint that would meet satisfactory repair expectations. Buyer understands that Company conducts best efforts in coordinating repairs on the goods purchased. Buyer understands that the Company is dependent on parts supply and warranty labor thru the original equipment manufacturers. Buyer agrees not to hold Company responsible for any loss of business due to equipment service or parts supply. Company works with the manufacturer(s) to provide ‘best efforts’ to coordinate service and parts in a timely manner and are under the supply discretion of the original equipment manufacturer of the particular product needing service.
Custom Orders: The Company welcomes custom orders to manufacture products to client specifications whenever possible. Please submit custom requests to our corporate email address, and our manufacturing department will contact you to discuss pricing and availability.
Product Samples: Samples are available and are shipped upon receipt of payment in full.
Shipping: All products are priced FOB factory and are shipped freight collect, prepay and added to invoice, or third party bill to the customer. On pre-approved orders, Company can provide a ‘prepay and add to invoice’ option. All products are generally shipped on common carrier service. Other freight options may be offered at additional costs, including expedited service, inside delivery, re-consignments, storage fees, van line service or installed delivery services. A specific carrier of choice must be indicated clearly on the purchase order or sales order.
Returns: Some products are made to color specifications and generally are not returnable or refundable. No returns are allowed without a Return Authorization (RA) number provided by the manufacturer prior to returning a shipment, and if a product is returned without this number it will be refused. No credit will be issued for goods without the manufacturer’s written consent. A minimum (25%) re-stocking charge is required on approved returns, as well as return freight charges, handling charges and re-packaging charges.
Remedies: Company shall be authorized by Buyer and Buyer hereby grants Company permission to enter premises, leased or owned by Buyer, to recover goods that have not been successfully paid for under terms arrangement between Buyer and Company.
Time of the Essence: Company cannot be held responsible and Buyer agrees not to ask Company to be held responsible for default in delivery or delays in shipments and Buyer understands the Company is giving best efforts to meet delivery deadlines.
Taxes: Where applicable, recipient is responsible for state sales and/or use tax (unless applicant provides sales use tax exempt certificate), or by any other government authority, whether federal, state or local, upon the sale, use or transportation of goods sold shall be responsibility of buyer. Some manufacturers may charge sales tax in certain areas, whereas those taxes may not appear on the original or initial quote but may be added to the invoice.
Leasing: Leasing options and quotations with third party leasing partners are available upon request.
Product Information: The designs, information and specifications in this catalog are all subject to change without notice and there may be slight variations between color samples, specifications listed and/or other descriptive qualities of the products. Most modifications are running changes for improvements. The product catalog and website is a good faith sampling of available products, but may vary slightly from actual product delivered, if running changes have been made prior to the release of a new catalog or product sheet.
Freight Damage: Freight companies are responsible for any damages during the freight or shipping process. Before accepting merchandise from the carrier, please inspect all cartons for visible signs of damage and note any problems on the delivery receipt. In case of loss or damage, make an immediate claim with the freight carrier. Products are inspected prior to shipping, and recipient is fully responsible for filing and collecting on all freight claims. Company is not responsible for product damage or product loss incurred during transit.
Space Planning: Consult with your architect or local codes before planning your facility space to ensure compliance with the Americans with Disabilities Act (ADA). Company representatives can help plan facilities that meet required specifications. ADA-compliant products may help you get a tax credit: please check Section 44 of the IRS code for more details. Please note the ADA requirements for exercise rooms have been recently updated.
Disclaimer of Warranties and Limitation of Liability: All representations and warranties concerning the equipment sold by Company will come from the equipment manufacturer. Buyer assumes all the risk of liability whatsoever resulting from the use of such goods and under no condition shall Company be liable for incidental or consequential damages. IT IS UNDERSTOOD AND AGREED THAT COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE EQUIPMENT, EXPRESS, STATUTORY OR IMPLIED. COMPANY FURTHER DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS STATUTORY OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Brigadoon Fitness®, Hotel Fitness®, Orange Italia®, Travel Healthy… Stay Fit!®, The World’s Leader in Hotel and Resort Fitness®, Ab Lean®, Strong Accommodations!®, Green Series™ and Green Series Fitness™ are trademarks of Brigadoon Fitness, Inc. These trademarks are not to be copied, reproduced, altered or used in any fashion without prior written consent or a formal licensing agreement. iPod® is a registered trademark of Apple®, Inc. Spinning® is a registered trade mark of Mad Dogg Athletics, Inc. Actual product specifications, colors and designs may vary slightly from those featured in this brochure. Modifications or changes generally represent product improvements or revisions.
