Wholesale Agreement and Terms of Sale

Your submission of this Wholesale Application indicates that you agree to the terms of the following Wholesale Agreement:

MINIMUM ORDER REQUIREMENTS

Gravity Fitness offers the following Wholesale Account option: Minimum initial order 5 pieces

MSRP

Products or goods purchased from Gravity Fitness shall only be sold at the manufacturer’s suggested retail price (MSRP). In the event the Wholesale Account chooses to place the products or goods for sale at a discount, the Wholesale Account shall not discount the products more than 30% below MSRP. Permission for special sale events beyond the 30% discount by the Wholesale Account must be requested in writing to Gravity Fitness and will typically be granted on a semiannual basis.

WEB COMMERCE

No products or goods purchased from or produced by Gravity Fitness shall be resold by or through any on-line auction or online store (such as Ebay, Amazon or other similar sites) without the express, written authority of Gravity Fitness. If Wholesale Account is planning to sell products produced by Gravity Fitness in an online marketplace/store, it must be owned by the entity applying for a Wholesale Account and listed on the Wholesale Application to be approved by Gravity Fitness.

PRODUCT IMAGES

Gravity Fitness will make available images that you might require for your print and online presence. Should you require any additional images, please contact us. Any imagery you provide yourself must be approved prior to use (please allow adequate lead-time for approval; two weeks is recommended).

RESELLING TO WHOLESALE ACCOUNTS

Any Wholesale Account who distributes Gravity Fitness goods and products to any entity for re-sale must require their customer to strictly adhere to these same Wholesale Account guidelines as set forth in this Wholesale Agreement. Any Wholesale Account who does not enforce these guidelines with their own re-sale customers will be subject to termination of this agreement.

1046 Warters Cv Victor, NY 14564 info@gravitycorefitness.com

PAYMENT METHODS

At this time, Gravity Fitness is not extending credit terms. All orders must be accompanied by pre-payment. An invoice will be supplied and can be paid via wire transfer, money order, or credit card through PayPal (4% additional fee). We do not accept checks.

The purchase price shall be quoted and payable in U. S. Dollars to Supplier at the address specified on the invoice. Unless otherwise agreed by the parties in writing, payment shall be made by Wholesale Account by wire transfer in advance of shipment from the Supplier facilities. The Supplier Products shall be delivered EXW Supplier’s facilities. Risk of loss for the Supplier Products shall pass upon  delivery to  the  named  carrier  at Supplier’s facilities. If Supplier pays any shipping, insurance or handling costs, such costs will be billed to Wholesale Account and will be reimbursed to Supplier by Wholesale Account.

PACKAGING

All products come packaged in a clear poly bag with branded title, logo, and scan able UPC code.

SHIPPING/HANDLING

Items will not be shipped until full payment is received. We use USPS, FedEx, or UPS Ground shipping, based on cost affordability, unless you specify/request a quicker mode of shipping. On all orders, we include the cost of packaging materials and handling fees in your shipping total.

SHIPPING ERRORS, RETURNS, AND WARRANTY

Order errors must be brought to the attention of Gravity Fitness within 2 business days of receipt of shipment. In the event you receive defective or incorrect merchandise, you must contact Gravity Fitness in advance and all returns must be approved by Gravity Fitness in advance. After receiving approval from Gravity Fitness, an arrangement will be made for you to return the defective or incorrect merchandise for a full refund or exchange. At no point will Gravity Fitness provide a refund or buy back products that your operation has not been able to sell.

Customer returns and reimbursements will be the responsibility of the Wholesale Account.  We endeavor to protect your reputation, and ours; if you or your customer finds an issue with our product we will work with you to find a resolution.

Limited Manufacturing Warranty

Gravity Fitness warrants for a period of 90 days following delivery of the Products (the “Warranty Period”) that the Products shall be free from defects in materials and workmanship. Gravity Fitness sole obligation under this warranty shall be to provide, at no charge to Wholesale Account, replacement Products. Defective Products must be returned to Supplier (at Wholesale Account’s cost) in order to receive warranty replacement (unless Gravity Fitness determines such return is not necessary) and shall become Gravity Fitness property. For a warranty claim to be made, Wholesale Account must follow the procedures established by Gravity Fitness from time to time.

MERCHANTABILITY AND MISREPRESENTATIONS

Wholesale Account agrees that Gravity Fitness makes no warranty, express or implied, as to the merchantability of Gravity Fitness products. Wholesale Account also agrees that Gravity Fitness is not liable for any misuse or misrepresentations of the goods by the Wholesale Account or the final retail purchaser or consumer, and indemnifies Gravity Fitness for any legal actions that emanate from such actions.

Gravity Fitness reserves the right to change the terms of this Agreement as necessary. Prices are subject to change without notice. Either party with 30-day written notice can terminate the wholesale relationship.

1046 Warters Cv Victor, NY 14564 info@gravitycorefitness.com

Confirmation of Agreement to Policies, Terms & Conditions

I agree that I will not file a chargeback with my issuing bank and understand in doing so I give Gravity Fitness the right to take legal action to enforce these conditions. In the event Gravity Fitness must seek legal action to enforce these conditions or collect a debt, defendant shall bear legal fees. I agree that I will not allege to consumers that I manufactured these products myself, nor appointees of myself.

I have reviewed and understand Gravity Fitness policies and procedures for payment and shipping as well as all terms and conditions. I authorize Gravity Fitness to keep this agreement on file and apply these policies to all future transactions made between Gravity Fitness and myself.

By creating a Wholesale Account you acknowledge your agreement to follow these conditions for all purchases that your company may make.