Use of this site signifies your agreement to the term and conditions listed below. Please read these terms carefully before using the site.
Terms and Conditions
Laguna Fitness (LFI), makes all reasonable efforts to update its web site and to provide accurate, timely information. However, you should be aware that certain information is by its nature, historical and therefore dated.
Information on this site is provided "as is" without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and timeliness of information. You assume all risk in using the information. In no event will Laguna Fitness or its representatives be liable for any special, indirect or consequential damages resulting from use of the information.
Links to Third Party Sites
This website contains links to third party sites. Access to any other Internet site linked to this website is at the visitors own risk and Laguna Fitness is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Laguna Fitness provides these links merely as a convenience and the inclusion of such links does not imply an endorsement warranty of those links or their associated web sites.
1) ACCEPTANCE OF ORDER. This document (the “Order”) sets forth the terms and conditions on which Laguna Fitness, Inc (LFI) is willing to sell to the buyer (“Buyer”) set forth on the front side of this document the products described on the front side hereof. Commencement of delivery of the products, and acceptance of such delivery by Buyer, shall constitute acceptance by Buyer of a contract on the terms and conditions herein. Notwithstanding anything to the contrary contained in this document or any of the Buyers forms, this sale is expressly conditioned on the terms and conditions set forth in this document and no others. Laguna Fitness, Inc rejects any offer embodying contrary terms and conditions and, in such case, these terms and conditions shall constitute a counter-offer by Laguna Fitness, Inc
2) HOURS OF OPERATION. If you would like product, pricing or order status information, our customer service team is available to assist you Monday – Friday from 8 AM to 5 PM PST.
3) U.S AND CANADIAN SALES ONLY. The Laguna Fitness Store sells and ships products only within the continental United States, Alaska, Hawaii and Canada. No shipments can be made to APO or FPO addresses, United States territories, or addresses outside the United States or Canada. You may not export any products purchased at the Laguna Fitness, Inc Store.
4) SALES TO END USERS ONLY. The Laguna Fitness store sells and ships products to end user customers only.
5) DELIVERY POINT. All shipments shall be made to carrier, and risk of loss or damage to, or destruction of, the goods from and after their delivery to the carrier shall be with the Buyer unless provided herein to the contrary.
6) WARRANTY. Laguna Fitness warrants to Buyer that the products included with this Order shall be free from defects in workmanship and materials for the time period (the “Warranty Period”) set forth in Laguna Fintness's standard warranty currently in effect, a copy of which may be obtained from Laguna Fitness. The warranty will be effective only if Buyer shall have notified Laguna Fitness of any defects promptly upon their discovery by Buyer and within the Warranty Period, and if Laguna Fitness's examination of the part or component shall disclose to its satisfaction that the defect has been caused by defective workmanship or use of defective materials by Laguna Fitness, Laguna Fitness will replace or repair, without charge, but at Laguna Fitness's option, any product shown to be otherwise than as warranted. The warranty obligation hereunder shall not apply to any defects caused by normal wear and tear, integration into or with other products by Buyer or others, neglect, misuse or other actions caused by the Buyer or any other entity. Except for its obligation to repair or replace products as set forth above, Laguna Fitnessshall have no other liability for defects in products under any theory, including contract, tort (including, but not limited to gross negligence), or equity. EXCEPT AS EXPRESSLY PROVIDED HEREIN, Laguna Fitness GIVES NO OTHER WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH PRODUCTS SOLD HEREUNDER, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF YEAR 2000 COMPLIANCE.
In no way will Laguna Fitness be liable for any indirect, special, or consequential damages (including lost profits) in connection with or arising out of Laguna Fitness's obligations under this warranty.
7) DELIVERY DELAY. Scheduled shipping dates are approximate and are subject to prompt receipt from Buyer of all information necessary to manufacture the goods. Time is not of the essence in the sale contemplated by the contract arising out of acceptance of Buyer’s order.
Laguna Fitness shall in no event be liable for any damages arising from any delay in manufacture, shipment or delivery of any goods hereunder. The happening of any contingency beyond Laguna Fitness’s reasonable control shall not constitute cause for cancellation of the order but shall extend Laguna Fitness’s time to delivery for a period equal to the duration of such contingency.
8) LIMITATION OF LIABILITY. IN NO EVENT WILL Laguna Fitness HAVE ANY LIABILITY WITH RESPECT TO THIS ORDER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER. IN NO EVENT WILL Laguna Fitness HAVE ANY LIABILITY TO THE BUYER IN CONNECTION WITH ANY PRODUCTS IN EXCESS OF THE PURCHASE PRICE PAID BY BUYER FOR SUCH PRODUCTS.
9) PRICES. Prices and other terms quoted by Laguna Fitness are subject to change without notice. All prices and terms are subject to adjustment on account of specifications, quantities, shipment arrangements or other terms and conditions that are not a part of the original quotation. All prices are quoted in United States Dollars unless otherwise specifically indicated.
10) PAYMENT. Terms of payment will be expressly provided herein. Laguna Fitness accepts Visa, MasterCard and American Express cards. At the time your order is placed, Laguna Fitness obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships. Laguna Fitness also accepts cashier's checks, money orders, personal and business checks as valid forms of payment. If you wish to pay by check or money order. All checks must be payable to Laguna Fitness, and include your web order number and/or a copy of your order. Please mail your payment to: Laguna Fitness, Inc 30025 Alicia Parkway #214, Laguna Niguel, CA 92677, attn: Customer Service. Laguna FItness will deposit all checks and process associated orders once check has cleared bank processing. Please allow 10 business day for order processing after Laguna Fitness receives your payment. Title to all goods supplied hereunder passes to the Buyer only after Laguna Fitness receives payment for such goods in the United States currency.
11) RETURNS. All returns of goods must be approved in advance, by Laguna Fitness and must be issued a Return Authorization Number. This number is to be shown on the outside of the shipping container and referenced on the shipping documents. Freight is to be borne by the Buyer. Returns may be subject to a restocking charge.
12) CANCELLATION. Buyer may cancel it’s order only upon written notice to Laguna Fitness and upon payment of reasonable cancellation charges, which will take into account any expenses incurred by and commitments made by Laguna Fitness in reliance upon such order.
13) SPARE PARTS. Spare parts ordered hereunder may be new or remanufactured.
14) PATENTS AND TECHNICAL INFORMATION. Laguna Fitness retains all ownership and other rights to patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the product covered by this Order and, except for the right to use the products purchased under this Order, Buyer obtains no rights to use any such intellectual property or information.
15) TAXES. The prices of the goods do not include sales, use, excise or similar taxes. Consequently, in addition to the prices quoted, the amount of any present or future sales, use, excise or other similar tax applicable to the sale of goods hereunder shall be borne and paid by Buyer, or in lieu thereof Buyer shall provide Laguna Fitness with a tax-exemption certificate acceptable to the taxing authorities involved.
16) ASSIGNMENT. No assignment of this contract shall be valid or binding upon Laguna Fitness unless such assignment shall be in writing and duly approved by Laguna Fitness by endorsement thereon of its consent thereto.
17) GOVERNING LAW. All questions relating to the construction and validity of the contract arising out of Laguna Fitness's acceptance of Buyer’s order shall be governed by and construed under the laws of the State of California.
18) ENTIRE AGREEMENT. All prior representations, conversations or preliminary negotiations shall be deemed to be merged into the Terms and Conditions set forth herein and in Laguna Fitness’s documents, and no waiver, alteration or modification of any of the provisions hereof shall be binding unless in writing and approved by Laguna Fitness at its main office. The Terms and Conditions set forth herein supersede and take precedence over any inconsistent terms and conditions set forth in Buyer’s Purchase Order or related documents (as if by Residents thereof).
19) U.S. REGULATIONS. This Order and performance by the parties hereunder shall also be subject to all applicable rules and regulations of the United States Government, including, but not limited to, export regulations of the United States Departments of Commerce and State, as they may be amended from time to time.
20) ARBITRATION. If the Buyer is a non-United States entity or is located outside of the United States, then, in the event of any dispute under this Order, Laguna Fitness may, in its sole discretion, give notice to Buyer that such dispute shall be resolved by arbitration conducted in accordance with the rules of the International Chamber of Commerce. The place of arbitration shall be Orange County, California U.S.A., and the arbitration shall be conducted in the English language. Buyer hereby consents to such arbitration upon notice by Laguna Fitness.