Terms and Conditions

Effective Date: June 24, 2026

These Terms & Conditions ("Terms") govern all purchases, orders, quotations, gym buildouts, equipment sales, installations, deliveries, repairs, financing agreements, storage arrangements, and use of the USA Fitness Equipment Depot, Premier Strength Equipment, affiliated websites, and related services.

By placing an order, accepting a quotation, signing an agreement, making payment, accepting delivery, or utilizing any Company services, you agree to be bound by these Terms.

1. Definitions

Company refers to USA Fitness Equipment Depot, Premier Strength Equipment, including their owners, officers, employees, contractors, agents, affiliates, successors, and assigns.

Customer refers to any individual, business, corporation, LLC, partnership, organization, gym, school, government entity, or purchaser.

Equipment refers to all products, goods, parts, flooring, turf, accessories, services, installations, repairs, and materials sold or provided by the Company.

2. Quotations & Pricing

All quotations are valid for thirty (30) days unless otherwise stated in writing.
Prices, availability, freight costs, tariffs, manufacturer pricing, production schedules, and lead times are subject to change until an order is accepted and payment is received.
The Company reserves the right to correct clerical, typographical, pricing, or calculation errors at any time.

3. Payment Terms

Equipment Orders

Deposits may be required before inventory is reserved or ordered.
Full payment may be required prior to shipment or delivery.

Standard Gym Buildouts

50% deposit due upon contract execution
25% progress payment due during project execution
15% progress payment due prior to equipment shipment
Remaining balance due prior to final delivery and installation

Expedited Gym Buildouts

80% deposit due before project commencement
Remaining balance due prior to delivery

Expedited projects receive priority scheduling, procurement, and manufacturing.

Failure to make payments when due constitutes default.

Customers are responsible for collection costs, attorney fees, court costs, and expenses incurred by the Company when collecting unpaid balances.

4. Special Order Products

Special Order Products include:

Custom equipment
Imported equipment
Manufacturer-direct products
Flooring
Turf
Custom upholstery
Custom colors
Branded products
Custom logos
Special-order parts
Equipment not regularly stocked

All Special Order Products are non-cancelable and non-refundable once ordered.

5. Refund Policy

No Refunds After Procurement

Once the Company places an order with a manufacturer, supplier, freight carrier, or third party on behalf of the Customer, payments become non-refundable.

Any approved refund remains solely at the Company's discretion and may be reduced by:

Restocking fees
Shipping charges
Freight costs
Storage fees
Administrative expenses
Manufacturer penalties
Labor costs
Credit card processing fees

Customer Cancellation

The Company begins allocating resources, reserving inventory, securing manufacturing capacity, scheduling labor, purchasing materials, and coordinating logistics immediately upon acceptance of an order.

If a Customer cancels for any reason, including:

Business plan changes
Financing issues
Lease termination
Permit delays
Construction delays
Investor withdrawal
Business closure
Economic hardship
Change of ownership

the Customer remains responsible for obligations already incurred on their behalf.

Deposits are non-refundable except where required by law.

Cancellation After Procurement or Manufacturing

Once equipment, materials, flooring, turf, parts, custom products, or services have been ordered, manufactured, reserved, procured, customized, branded, or imported, the Customer remains liable for the full contract amount.

The Company may attempt to mitigate damages through resale; however, the Customer remains responsible for any resulting deficiency, expenses, commissions, storage fees, freight charges, and administrative costs.

Failure to Proceed with a Project

If a Customer delays, abandons, postpones, or refuses to proceed with a project after entering into an agreement, the Customer remains responsible for all committed products, services, labor, planning, procurement, and project management expenses.

Claims Deadline

Any request relating to:

Refunds
Credits
Disputes
Adjustments
Claims

must be submitted in writing within one (1) year of the original order date.

Failure to do so constitutes a waiver of such claims to the fullest extent permitted by law.

6. Used Equipment Sales

Unless otherwise stated in writing, all used and refurbished equipment is sold:

AS IS
WHERE IS
WITH ALL FAULTS

Normal wear, cosmetic imperfections, scratches, rust, paint wear, upholstery wear, and signs of prior use do not constitute defects.

7. Delivery Estimates

All delivery dates are estimates only.

The Company is not responsible for delays caused by:

Manufacturers
Freight carriers
Customs
Port congestion
Weather
Labor shortages
Supply chain disruptions
Government actions
Acts of God
Third-party vendors

Delivery delays do not entitle Customers to cancellation, chargebacks, penalties, offsets, or damages.

8. Customer Site Readiness

Customers are solely responsible for ensuring:

Adequate access
Door clearances
Hallway clearances
Elevator access
Structural support
Electrical requirements
Flooring requirements
Permits
Inspections
Building compliance

Additional labor or equipment required due to site conditions may incur additional charges.

9. Installation Services

Installation schedules are estimates only.

Scheduling may be affected by:

Product availability
Site readiness
Technician availability
Weather conditions
Project requirements

Customers must provide a safe working environment.

Delays caused by Customers may result in additional charges.

10. Storage Fees

If equipment cannot be delivered due to Customer delays or circumstances beyond the Company's control, storage fees begin thirty (30) days after the equipment becomes available for delivery.

Storage fees are:

$250 per month per order OR 1.5% of equipment value per month, whichever is greater.

11. Abandoned Property

Property remaining in the Company's possession for more than ninety (90) days after notice may be considered abandoned, subject to applicable law.

The Company may:

Continue charging storage fees
Refuse further storage
Sell the property
Dispose of the property
Apply proceeds toward unpaid balances

Customers remain liable for any remaining deficiency.

12. Third-Party Products

The Company is not responsible for:

Manufacturer defects
Vendor delays
Product discontinuations
Third-party warranties
Specification changes

Manufacturer warranties, if any, govern such products.

13. Warranty Disclaimer

Any warranty offered by the Company is limited to the written warranty provided at the time of sale.

To the fullest extent permitted by law, the Company disclaims all implied warranties, including:

Merchantability
Fitness for a particular purpose
Non-infringement

14. Limitation of Liability

The Company shall not be liable for:

Lost profits
Lost revenue
Lost business opportunities
Business interruption
Consequential damages
Incidental damages
Indirect damages
Special damages
Punitive damages

Maximum liability shall not exceed the amount paid by the Customer for the specific product or service giving rise to the claim.

15. Chargebacks

Customers agree not to initiate chargebacks for valid transactions.

If a chargeback is initiated and the Company prevails, the Customer shall be responsible for:

Chargeback fees
Collection costs
Attorney fees
Court costs
Administrative expenses

16. Financing

All financing approvals are subject to lender underwriting and approval.

The Company does not guarantee financing approval.

Financing agreements are governed by separate financing documents.

17. Intellectual Property

All trademarks, logos, content, graphics, photographs, videos, product designs, and marketing materials remain the exclusive property of the Company.

Unauthorized use is prohibited.

18. Force Majeure

The Company shall not be liable for delays or failures caused by circumstances beyond reasonable control, including:

Natural disasters
Acts of God
Pandemics
Labor disputes
Transportation disruptions
Government actions
Military conflicts
Utility interruptions

19. Attorney Fees

The prevailing party in any dispute arising under these Terms shall be entitled to recover reasonable attorney fees, court costs, collection costs, and litigation expenses.

20. Governing Law

These Terms shall be governed by the laws of the State of Texas.

Any dispute shall be brought exclusively in the state or federal courts located in Harris County, Texas.

Customers consent to such jurisdiction and venue.

21. Severability

If any provision of these Terms is deemed unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with any quotation, invoice, purchase order, financing agreement, warranty document, proposal, or signed contract, constitute the entire agreement between the parties.

No verbal statement, promise, representation, employee communication, marketing material, or advertisement shall modify these Terms unless expressly agreed to in writing and signed by an authorized Company officer.

23. Acceptance

By placing an order, making payment, accepting delivery, signing any agreement, using Company services, or continuing any transaction with the Company, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

SMS / Text Messaging Terms

By providing your mobile phone number and checking the SMS consent box on our website forms, you agree to receive recurring automated and non-automated text messages from USA Fitness Equipment Depot.

Messages may include:

Equipment quotes
Appointment reminders
Follow-up communications
Promotional offers

Message frequency varies. Message and data rates may apply.

To unsubscribe, reply:

STOP

For assistance, reply:

HELP

Or contact:

📧 sales@fitnessequipmentdepot.net

📞 1-844-USA-FIT1 (872-3481)

Consent to receive text messages is not a condition of purchase.

We do not sell or share your mobile phone number with third parties for their own marketing purposes.