Terms & Conditions

Terms & Conditions

These Terms and Conditions (these "Terms") are a legal agreement between Bigger Faster Stronger, Inc. ("Bigger Faster Stronger", "BFS", "we", "us", or "our") and the user ("you", "your", "yours", "user"). This agreement states the terms and conditions under which you may use Bigger Faster Stronger's website(s) (the "Site") or purchase any products sold by Bigger Faster Stronger or its affiliates (the "Products"). By purchasing any Products, or accessing the Site you expressly agree to, and consent to be bound by, these Terms and the Privacy Policy found here (the "Privacy Policy"). Please read these Terms and the Privacy Policy carefully before accessing and using the Site or purchasing any Products. Bigger Faster Stronger may revise these Terms and the Privacy Policy at any time without notice by updating the Site. When you use the Site, please check the date that appears at the bottom of these Terms and review any changes since the last version. Your continued use of the Site or purchase of any Products means that you accept and agree to any revisions to these Terms and the Privacy Policy. If you do not wish to be bound by these Terms, please exit now and do not purchase any Products. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BIGGER FASTER STRONGER, INC. AND GOVERNS YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS DESCRIBED BELOW.

Pricing Policy

BFS is committed to providing our customers with the best possible value. Prices are subject to change at any time on our website or in our printed materials, but BFS takes pride in holding our printed prices for as long as possible. BFS is not responsible for typographical and/or photographical errors.

Order Placements

You are responsible for all communications made to BFS in the ordering process, and your placement of any order is final except as otherwise provided herein. It is your responsibility to verify all measurements on your property and compare them to the dimensions listed on the Site. BFS will not accept responsibility for your errors regarding any order or the measurement of any Products that meet those specifications listed on the Site. The advice of BFS employees or representatives does not constitute any implied warranty of merchantability or fitness for any particular purpose.

Payment Methods

• Visa
• MasterCard
• Discover
• American Express
• Purchase Orders (Schools, government organizations)
• Pre-paid company check, personal check, cashier's check or money order (Note: Checks or Money orders may take slightly longer to process because all payments must first clear with the bank due to the risk of fraud.) (Not available for web orders)
• Electronic funds transfer (Not available for web orders)

Credit cards are charged at the time of the order, and no orders will be built or shipped without an authorized credit card or PO.

No C.O.D. orders please.

Purchase Orders

Customer must send a written PO on School/Agency/Company letterhead, even for orders placed on the website. If a written PO is not received within 72 hours for orders placed on our website, the order will be canceled.

Updated Payment Policy, for Payment with Purchase Orders (PO's):

50% of the order total must be paid upfront. The balance will be due upon completion of the order (All items delivered). When submitting the PO online we will contact you when we receive your written PO to arrange the 50% down payment. If certain items on the order are not available they will be removed from the order.

All other orders must be prepaid at the time of the order.

Sales Tax

Sales tax is only required for orders shipping into states where BFS is licensed for state tax purposes under applicable laws. Therefore all orders shipping into Utah, North Carolina, or Indiana will be charged applicable sales tax.

Shipping

All orders require a minimum of one to three business days processing time before shipping. BFS does not process orders during weekends. BFS does not guarantee same day shipping.

Shipments weighing 299 lbs. or less fall in the parameters below:

• FedEx Ground - Delivery within 7 to 10 business days after processing if the item is in stock.
• FedEx 3Day Express Saver - Delivery within 3 to 4 business days after processing if the item is in stock.
• FedEx 2Day - Delivery within 2 business days after processing if the item is in stock.
• FedEx Standard Overnight - Delivery within 1 business day after processing if the item is in stock.

Shipments weighing 300 lbs or more:

• FedEx Economy (LTL) - Delivery between 10 and 14 business days, after processing if the item is in stock.
• Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) are manufactured after you place your order and usually require six to eight weeks before they can be shipped.

Hawaii, Alaska, or International shipments - Not available for web orders, please call our office at 800-628-9737, these shipments may be subject to additional fees.

Items shipped to Utah, North Carolina, or Indiana are subject to sales tax.

Estimated Delivery Times

BFS provides estimated delivery time for convenience only, and you agree not to rely on the delivery date, which is an estimate based upon BFS's historical delivery times and information provided by third-party shipping companies and other parts suppliers. BFS does not provide an exact date for shipping and you agree that BFS will not be liable for any damages resulting from delivery occurring after an estimated delivery time. Tracking information can be provided within 24 hours from the time the Products ship. All sales are final and you will not be able to cancel any order due to delays in shipping.

All shipments are handled by third-party shipping companies and all appointments for receiving the Products are made directly with them. BFS accepts no liability for missed appointments, and makes no guarantees regarding the accuracy of third-party delivery times and professionalism.

Back Orders

Unfortunately, some of the more than 800 products we normally have in our warehouse may be temporarily on back order. We apologize for any inconvenience and will ship any backordered items as soon as possible.

Return Policy

BFS reserves the right, in its sole discretion, to allow you to return the Products upon written agreement between you and BFS, and upon the terms and conditions set forth in such written agreement. All returns must take place within 30 days of receipt of goods and are subject to a restocking fee of up to 50%, based on the condition of the item when it arrives at our Corporate Office and it has been evaluated by our staff. Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) may be subject to higher restocking charges. Call us at 800-628-9737 for a return authorization number and for complete return instructions.

You acknowledge that it is your responsibility to repackage, or pay to repackage, the Products in exactly the same manner as the Products were packaged when you received them, including preparation for palletized shipment. All shipping and packaging expenses for return and reshipment will be your sole responsibility. It is recommended that you insure the Products for full value during shipping, as you will be responsible for any loss or damage that occurs in transit.

BFS will not refund to Customer the original shipping charges.

Order Cancellation Policy

Items that are canceled after 48 hours are subject to a Cancellation Fee of up to 50%. Orders that are canceled in the first 48 hours after ordering are subject to a minimum 10% Cancellation Fee. If an item is canceled that has already shipped, please see our Return Policy. Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) may not be canceled after manufacturing has begun.

If you cancel your order after 48 hours, no refund will be issued unless expressly agreed in writing by BFS as provided herein. You acknowledge that you have read, understand and agree to all terms and conditions listed on the Site and at checkout, and the provisions of this paragraph and these Terms supersede any oral representation made by any employee, representative, or affiliate of BFS during the placement of your order.

Camps, Clinics, WRSC Certifications, Installation, or Other Service Cancellation or Change Policy

If travel fares or accommodations have been booked by BFS after the event date is confirmed, the customer is responsible for all change or cancellation fees.

Changing Delivery Destination

BFS will not be responsible for extra freight charges incurred if you change the delivery destination while the Product is en route. There is no guarantee that you will be able to change the delivery destination while the Product is en route. Extra freight charges may apply and will be your responsibility for any change of the delivery destination provided in your initial order.

Shipping, Receiving, and Inspection of Products and Damaged Items

You are guaranteed to receive the Products in new and undamaged condition. All assembled products are delivered by pallet or in boxes and shipped in an upright position unless the product height prohibits the product from being loaded accordingly. Please note that all of our orders are curbside delivery, and that BFS is not responsible for delivering the Products to your business, home, garage, or to any place other than the curbside unless you specifically request special delivery arrangements. When you receive the Products, and sign to accept it, you acknowledge that you have had adequate opportunity to inspect the Product, and you waive any right to return the Products as damaged. If the Products are damaged in shipping you (or your agent) must list any damage on the trucking company receipt, which is labeled "proof of delivery" or "Bill Of Lading" ("BOL").

Product Dimensions

All dimensions for items are posted online or are available upon request. BFS does not know the size of your intended location of installation and it is your sole and complete responsibility to determine if the Products will fit in your intended location of installation.

Assembly

Some BFS Products are assembled at the factory and some require some assembly by you. BFS does not offer installation or assembly services and is not liable for any damages resulting from your installation or assembly of the Products. BFS is not responsible for improper installation, damage to the Products, or any other damages resulting from your assembly or installation of the Products.

Applicable Law

This Site is controlled by BFS from its offices within the United States of America. Any action related to the Site, the content or these Terms shall be governed by Utah law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Salt Lake County, Utah for any legal proceedings related to the Site or these Terms.

Collection Proceedings

In the event that BFS begins collection proceedings due to non-payment or credit card payment disputes, it will be your responsibility to pay for all collection and court proceedings, and to return the Products to BFS pursuant to these Terms. All overdue payments shall bear interest at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, compounding monthly.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BFS NOR ANY AFFILIATE, EMPLOYEE, ASSOCIATE OR AGENT THEREOF SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE. BFS'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

No Guarantee of Results

THE BFS GUARANTEE IS LIMITED TO THE QUALITY AND FUNCTIONALITY OF THE PRODUCTS. BFS AND ITS PARTNERS ARE NOT CONTRACTORS OR CONSULTANTS. BFS MAKES NO GUARANTEE THAT THE PRODUCT WILL FIT IN YOUR INTENDED LOCATION OF INSTALLATION OR IS APPROPRIATE FOR YOUR INTENDED USE.

Warranty

All BFS and Manufacturer's Warranties are available to the Original Purchaser only. Individual Manufacturer's Warranties may vary:

• Frames - Limited Lifetime warranty
• Linear bearings and cables - 1 year warranty
• Upholstery and grips - 120 day warranty
• Flange bearings, pulleys, and guide rods - 5 year warranty
• Vinyl Platform Center - 3 year warranty
• Custom Logos - 120 day warranty
• Other BFS Products carry a 1 year warranty against manufacturer's defects

BFS Recommended Maintenance

It is important that all Preventive Maintenance Activities be performed on a regular basis.

DAILY

• Upholstery: Wipe down with a mild solution of 10% liquid dish soap and 90% water. For difficult stains use a solution of 10% bleach and 90% water.
• Frames: Wipe down with a mild solution of car wash soap and water, dry thoroughly. For chrome tubes or areas of heavy use apply a coat of car wax to resist corrosion from sweat.

WEEKLY

• Inspect all bolts for looseness, tighten as required.
• Inspect all cables and belts for wear or damage.
• Inspect all handles and grips for wear or damage, particularly handle connecting points.
• Inspect all snap links for proper latching or wear.
• Inspect all labeling for readability; this includes placards, warning and caution decals.
• Inspect all weight stacks for proper alignment and operation.
• Wipe all guide rods clean, and lubricate with a lightweight motor oil.

YEARLY

• Replace all belts and cables at least once a year.

Before Using any BFS Equipment

There is a risk assumed by individuals who use this type of equipment. To minimize risk, please follow these rules:

• Consult your physician before beginning any exercise program.
• Inspect equipment daily. Tighten all loose connections and replace worn parts immediately.
• Do not allow minors or children to play on or around this equipment.
• Exercise with care to avoid injury.
• If unsure of proper use of equipment, call Bigger Faster Stronger at 1-800-628-9737.

Installation Guidelines

Completed during an installation:

• Unload equipment from truck
• Inside delivery of equipment
• Assemble equipment ordered (Flooring not included)
• Place equipment with safe buffer zones
• Teach facilitator proper use of equipment
• Teach facilitator proper care of equipment

Equipment and Tools supplied by customer:

• Forklift (Dependent on facility)
• Pallet Jack
• Dolly
• Extension Cord (2)
• Dumpster
• Dumpster Cart

Customer is responsible for:

• Drilling any holes into your building, floors or walls to secure equipment
• Installation of flooring
• Disposal of all equipment containers or wrapping/packaging to waste disposal location
• Removal of any old equipment

Information Needed from Customer:

• Location of weight room (ground floor, 2nd story, etc.)
• Size of entry doors to the facility
• Does customer have a loading dock?
• Requested equipment layout
• Timeline for installation (Minimum 20 day lead time)*
• Contact person at location of installation (cell phone & email)

* Less than 30 day advance on change of installation date will result in a $1000.00 rescheduling fee.

Terms and Conditions last updated on Feb 1, 2018

BFS reserves the right to make changes to Terms and Conditions at any time.