US GymMats Terms of Sales

Terms of Sale Agreement

The customer hereby agrees to the following terms and conditions as part of the consideration for any sales and purchases which may take place between Customers and Creditor or any third party of Creditor.

1. All sales are subject to the Terms and Conditions as set forth by the Creditor and found upon Creditor's delivery tickets and invoices, all of which are incorporated herein by reference. The terms and conditions on the delivery tickets and invoices shall control the terms of sale, cannot be altered without Creditor's express written consent, and the Creditors offer is limited to those terms and conditions not withstanding any provisions contained on customer's purchase orders or any other document by customer to order products.

2. Prices are subject to change without notice.

3. Customer will pay all invoices within the terms stated on the invoice by sending its payment to the remittance address contained on each invoice: US GymMats 113 Othoridge Rd. Lutherville, MD. 21093.

4. Any balance for which payment is not received at the remittance address by the due date of the invoice(s) shall be considered delinquent and is subject to a $39.00 late fee and finance charge at the rate of eighteen percent (18%) per annum from the date it becomes delinquent until paid or at the highest rate allowed by law, whichever is lower.

5. Customer will not deduct any unearned discount from any invoices and agrees to pay any and all unearned discounts that have been charged back to the Customer's account. A discount is "earned" if payment is received at the remittance address on or before the last day of the discount period.

6. Customer is responsible for and will reimburse and indemnify Creditor for all sales, use, excise, and privilege taxes which may be imposed upon Creditor by any governmental entity by reason of any state of merchandise to Customer regardless of when so assessed, imposed or levied.

7. Customer shall immediately notify Creditor in writing of any change in name, business location, or business entity change (whether through merger, consolidation, incorporation or otherwise) by sending such notification to US GymMats 113 Othoridge Rd. Lutherville, MD. 21093. Until such notification and Customer's completion of new Customer's information form and acceptance by Creditor, this agreement shall control the obligation of the Customer and its business relationship.

8. Customer understands and agrees that shipment may be suspended at any time by the Creditor if Customer fails to comply with any of the terms and conditions of this agreement or if the Customer becomes insolvent or files bankruptcy.

9. Customer agrees to pay to Creditor a $31.25 service charge for any checks returned by Customer's bank for any reason.

10. Customer agrees that Creditor may offset any rebate, refund, discount or any other credit due to Customer from Creditor against any indebtedness or liability owed by Customer to Creditor at any time without notice to Customer.

11. Customer agrees to pay all costs and expenses associated with the collection of any amounts due owing Creditor, including reasonable attorney's fees in the event Creditor incurs any such fees to collect any amounts owed whether or not suit is brought. In the event of bankruptcy filing, Customer for itself and its estate agrees to pay all costs and expenses incurred by Creditor in actively participating in Seller's bankruptcy case and related proceedings.

12. This agreement shall be constructed and governed by the Laws of the State of Maryland without regard to the rules of conflict of laws.

13. In the event judgment is obtained against Customer, Customer agrees that interest shall accrue at the rate of eighteen percent (18%) per annum on the judgment until paid and satisfied in full.

14. As part of the consideration for products received, Customer consents and agrees to the jurisdiction of the State and Federal courts of Maryland and agrees that venue is proper in either state or federal court for Baltimore County. Maryland. Customer hereby waives its rights to a jury trial in any suit brought by Creditor.

15. In the event of Customer's receipt of damaged goods, where the Customer does not refuse the damaged goods at the time of delivery, Customer agrees to hold and maintain said goods until any insurance claim made against the Freight Company or other delivery service by Customer and/or Creditor is resolved to the full extent. Thereafter, Customer will make available said damaged goods to the Creditor or Freight Company for pick-up, or the Creditor will instruct the Customer that said damaged goods may be discarded. In the event Customer does not hold and maintain such goods until the resolution of any insurance claim, Customer shall be held responsible for payment for such damaged goods, replacement goods, and all shipping fees on any and all of the goods received. Customer must maintain goods at their own expense until otherwise notified by seller. Receipt of replacement, undamaged goods does not waive Customer's duty to hold and maintain previously shipped damaged goods.

16. Customer is responsible for any and all freight charges incurred by the Creditor through no fault of the Creditor or Freight Company. This includes, but is not limited to Customer's refusal of a shipment for any reason other than damage, failing to correctly identify the delivering address as residential, not being at the delivering address during the appointed time, or not being available to accept shipment within five (5) business days of the Freight Company attempting to deliver the goods.

17. Customer returns are accepted for undamaged and unused products. Used products, custom products, and products sold at a discount due to salvageable freight damages will not be accepted for returns. Customer must first acquire a return authorization from the Creditor within 15 days from the date of shipment before any product(s) may be returned. All returns are subject to a 20% restocking fee ($25.00 minimum charge) and all return freight charges are the responsibility of the Customer. Purchase price for the product(s) will be refunded to the Customer within ten (10) business days after the receipt of authorized return(s) for undamaged and new product(s) less any freight charge(s) and restocking fee(s). Shipping and Handling charges will not be refunded.

18. The agreement shall insure to the benefit of the Creditor, its successors, and assigns and shall be binding upon Customer, its successors and assigns.

By accepting products from US GymMats, you and your company agree to the terms and conditions outlined above.

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