GYMNASIUM & HEALTH EQUIPMENT Limited 800 564 5708 (Ontario) 416 291 5545 FAX: 416 291 8664 59 Gymnasium & Health Equipment Ltd. Warranty We guarantee to replace or repair any article which is defective in workmanship or materials. No equipment is returnable unless authorized in writing by Gymnasium & Health Equipment Ltd. Returned equipment must be prepaid to us. Any new equipment manufactured by Gymnasium & Health Equipment Ltd., that proves defective within two years from date of shipment will, when equipment has been subject to fair treatment, if returned prepaid to our factory, be repaired or replaced free of charge, F.O.B. our factory, Gymnasium & Health Equipment Ltd., Markham. Equipment and accessories not manufactured by Gymnasium & Health Equipment Ltd., are warranted only to the extent of the original manufacturers warranty. Written permission must be obtained from Gymnasium & Health Equipment Ltd. before returning any equipment claimed defective for our inspection. We reserve the right to substitute new or improved equipment or parts on any orders or replacements. NOTE: This warranty applies to all our equipment with additional “Limited” warranties as listed in this catalogue. Terms and Conditions 1. ACCEPTANCE OF ORDERS: All orders and contracts are subject to acceptance by the executive office at the factory and to the conditions herein set forth. 2. PRICES: List prices and discount schedules as established by GHE are to be maintained at all times. Prices are for merchandise F.O.B. original point of shipment. Prices, discounts, quotations, and specifications are subject to change without notice and will be applied as in effect at time of shipment. 3. PACKING: Prices include packing for domestic shipping. For export packing add 5% of the list price, this being a NET charge. No allowance will be made for omission of standard packaging or crating. 4. SHIPPING: If routing of shipment is specified on customer’s order, it will be followed whenever practicable. Otherwise, routing is subject to our choice. 5. TAXES: Applicable taxes appling to the sale of GHE products will be added to the invoice. 6. TERMS: Net 30 days. A service charge of 2% per month, which is an annual rate of 24% per year, will be charged on all overdue accounts. Shipments may be discontinued on past due accounts until payment has been made to the satisfaction of GHE. The company may reject any agreement for extension of credit, except as approved by its office at Markham, Ontario, or may require full payment prior to assembling or shipping any merchandise, notwithstanding any contrary conditions specified in any order, contract or sale. Unless otherwise specifically provided, we will furnish invoices and shipping documents as specified on the customer’s order. Any of the terms and provisions on the customer’s order which are in any way inconsistent with our policy shall not be considered applicable to the sale. 7. TITLE: All merchandise is sold subject to these conditions and shall remain the property of the Company until paid for in full, provided that all risk of loss or damage to merchandise is assumed by the customer. 8. ORDER CHANGES: No changes in orders will be accepted from the customer, except by special written arrangement with the executive office. 9. CANCELLATION: No orders or sales may be cancelled without the consent of the Company. At the Company’s option, cancelled orders are subject to payment of cancellation charges equal to all costs incurred by the Company up to the date of cancellation, including a reasonable allowance for overhead, computed on the basis of accepted accounting methods. 10. RETURN OF GOODS: Written permission from the factory must be obtained before returning any merchandise. All transportation charges must be borne by the customer. New material of current design accepted by the company for credit is subject to a restocking charge of at least 25%. 11. CLAIMS: All goods shall be deemed delivered to the Purchaser at the time they are placed in the hands of the carrier and consigned to the purchaser; loss, damage or destruction of any said merchandise is assumed by the purchaser. No claim may be made unless made within ten (10) days after receipt of merchandise, and unless it is based on the conditions of the written purchase order accepted by GHE or as stated herein. 12. DELAYED DELIVERIES: GHE shall not be liable for any delay in shipping or delivery of merchandise for any cause whatsoever. If for any cause whatsoever transportation of merchandise ordered will not be accepted by the applicable public carriers, GHE shall have the right to deliver said merchandise to a bonded warehouse for storage at the expense of the purchaser, and such delivery shall be conclusivelly deemed delivery of such merchandise to purchaser. 13. SUBSTITUTION: GHE reserves the right to substitute materials and modify specifications. In all cases, merchandise shipped will be of equal or superior quality. 14. CONSIGNMENT: GHE shall not furnish any consigned stock whatsoever.All shipments will be made in accordance with our regular terms of payment. Notations on orders such as “to be paid for when sold”, “on trial”, or “when satisfactory” shall not bind GHE. 15. All prices, books and other material shall remain the property of the Company and are subject to its General Office on demand. 16. SALES POLICY: Nothing herein shall be construed as abridging the right of the Company to sell directly or indirectly to: (1) Federal and Provincial Governments or Agencies thereof, or to Agencies employing Federal or Provincial Government Aid; (2) Purchasers who buy Company’s products for sale as intregal or assembled parts of their product; (3) Any other class of purchaser to whom the company may from time to time, elect to sell. No allocation of, or reference to, any territory in which any distributor, jobber or dealer operates shall be deemed exclusive. 17. CONDITIONS: All sales made by GHE are subject to these conditions unless otherwise agreed in writing. In all cases of conflict between these conditions and the requirements of the purchase order, these conditions shall prevail.