Rules and Regulations
The following terms apply to all visitors to or users of the S.D.M website, www.sdmfitness.com ("Site”). By accessing this Site, you acknowledge that you have read, understood, and agree to these terms and conditions. S.D.M reserves the right to change these rules and regulations from time to time at its sole discretion and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. The contents provided on this Site are protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by S.D.M from its offices within the United States. S.D.M makes no representation that materials in this Site are appropriate or available for use in other locations and/or access to them from territories where their contents are illegal or prohibited by law.
Use of Information
All contents on this Site are protected by copyright. Except as specifically noted, no portion of the contents on this Site may be copied, reproduced, republished, uploaded, posted, transmitted, distributed or displayed without the express written consent of S.DM. Contents may not be used for derivative works without the express written consent of S.D.M.
Permission to use contents posted on the Site is provided, so long as (1) it is solely for your personal, non-commercial use; (2) the S.D.M copyright notice appears in all copies and; (3) contents are not modified in whole or in part. You may not, without S.D.M written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Certain text in this Site may be published in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and S.D.M makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not it was computer-generated or performed by a person.
The trademarks, logos, and service marks ("Marks”) displayed on this Site are the property of S.D.M or other third parties. Use or reuse of these Marks is not permitted without the prior written consent of S.D.M or such third party that owns the Mark.
Warranties and Disclaimers
S.D.M has attempted to provide accurate information on this website, however, S.D.M assumes no responsibility for the accuracy or reliability of the information. S.D.M may change the products, programs, and services mentioned at any time or for any reason without notice. Mention of non-S.D.M products, programs, or services is for information purposes only and constitutes neither an endorsement nor a recommendation of the product or service.
Visitors and users of this Site may access the Site internationally. The Site may contain references or cross-references to S.D.M products, programs, and services that are not announced or available in your country. Such reference does not imply that S.D.M intends to announce or make available such products, programs, or services in your country.
S.D.M provides this Site, all materials, information (text, graphics, links), products, software, programs, and services on an "as is”, "with all faults” basis without warranties or guarantees of any kind unless otherwise specified. Without limitation, S.D.M makes no warranty or guarantee that the Site will be uninterrupted, timely, or without error. To the fullest extent permissible pursuant to applicable law, S.D.M and its suppliers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. S.D.M does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. S.D.M does not make any warranties or representations regarding the use of the materials in this Site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In no event shall S.D.M be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if S.D.M has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
S.D.M uses "cookie” technology. When you first connect to our Site, the cookie identifies your browser with a unique, random number. A cookie file can contain information such as a user ID that the site uses to track the pages you visit. The only personal information a cookie can contain is information you supply yourself. A cookie cannot read data off of your hard disk. Cookies help us understand which parts of our Site are the most popular by watching traffic patterns. We do this to better understand the usefulness of the information we present to our visitors and users and to monitor our navigational structure. S.D.M does not correlate any site traffic information obtained from cookies with any personally provided information about individual users, nor does S.D.M share this information or sell it to any third party.
Most browsers are initially set to accept cookies. You can disable this feature or set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You do not need to have cookies enabled in your browser to access any area of the Site except where specifically indicated.
Terms and Conditions of Sale Agreement
S.D.M sales representatives do not have any authority to change or modify the terms and conditions of this Agreement.
Buyer will provide Buyer’s standard form of purchase order to place orders for product and service, but any terms and conditions on such standard form which are in addition to or inconsistent with the terms and conditions of this Agreement will be deemed stricken from such order.
If Buyer does not deliver to S.D.M within 10 days of the date of the purchase order a written objection to the terms hereof which are different than those appearing on the Buyer’s purchase order, Buyer agrees to all of S.D.M’s terms and conditions.
All purchase orders shall be made or confirmed in writing and are subject to acceptance by S.D.M. The Buyer shall be responsible for all costs and fees incurred by S.D.M for refused shipments, including freight and insurance costs. Orders cancelled less than thirty (30) days from originally scheduled shipment date will be subject to a cancellation fee of 25% of the value of the purchase order.
The prices to be paid by Buyer for all products and services purchased hereunder shall be S.D.M’s standard prices in effect on the date of S.D.M’s receipt of Buyer’s purchase order, less any applicable deductions which may be in effect from time to time.
S.D.M reserves the right to change its standard prices and to publish a new price list from time to time and at any time, without prior notice to Buyer. Should any new price result in an increase in the price of any product or services, the increased price shall apply to any Buyer order placed after the effective date of the new price. For orders that are placed for delivery more than ninety (90) days into the future, S.D.M reserves the right to review and adjust the agreed upon pricing within thirty (30) days of fulfilling the purchase order. In this case, the Buyer has the option of canceling the order with no penalties, if the cancellation is in writing and within ten (10) days of the notification of the price increase.
Buyer is solely responsible for any prices it charges to its customer. Nothing in this Agreement shall in any way restrict Buyer’s freedom to sell products at prices determined in accordance with its own judgment.
S.D.M requires a non-refundable 50% down payment for all custom products. A purchase order for custom product contractually obligates the Buyer to take delivery. Custom orders are non-cancelable and may not be rescheduled without the prior approval of a corporate officer of S.D.M, which may be withheld at the sole and absolute discretion of S.D.M. All custom orders have an up charge to be determined by S.D.M
All build to order strength orders cancelled less than thirty (30) days from the original scheduled delivery date will be subject to a 25% cancellation fee.
F.O.B. shipping point shall be S.D.M warehouse unless otherwise specified. Risk of loss with respect to S.D.M products shall pass to Buyer at the time of delivery of the products to the carrier for shipment. The Buyer assumes all risk involved in the transportation and handling of the equipment or goods once it has left the S.D.M warehouse, including, but not limited to, damage during shipment. The Buyer is advised that inspection should be made of any equipment or goods before accepting delivery. Acceptance of delivery constitutes acceptance of goods. The Buyer must file its own claim for any type of damages directly with the carrier in the event of any loss or damage during transportation, and must make payment for any equipment of goods purchased from S.D.M gardless of any dispute the Buyer may have with any carrier or agents.
S.D.M will attempt in good faith to ship on or before any scheduled shipment date. Buyer acknowledges that S.D.M may, from time to time, be subject to manufacturer production or shipping delays. In such event, Buyer agrees that S.D.M may, in its sole discretion, allocate distribution of S.DM’s products among its customers, notwithstanding the effect such allocation may have on Buyer’s outstanding orders, and S.D.M will not be liable for any damages, however described or arising, for a good faith failure to fill any order or for delay in meeting a scheduled shipment date. S.D.M may provide reasonable notice to Buyer regarding any material delay in shipment.
S.D.M may make partial shipments of Buyer’s orders. Such partial shipments shall be separately invoiced and paid for when due, without regard to subsequent shipments. Delay in shipment or delivery of any particular installment shall not alone relieve Buyer of its obligation to accept subsequent installments. S.D.M may provide reasonable notice to Buyer in the event of material delays in connection with partial shipment of an order. S.D.M will use its best efforts to deliver as specified, but in no event will S.D.M be liable for any damage, consequential or otherwise, arising from any failure of S.D.M to meet any delivery date.
Any items which are modified or specifically ordered from S.D.M are non-cancelable and/or non-returnable. Credit may be issued only on those items that are stock items of standard manufacture and in new, salable condition in the original packaging in unused condition, when return is authorized in advance by S.D.M. Any such return shall be at the expense and risk of the Buyer and subject to a 25% restocking charge of the original purchase price.
EACH S.D.M PRODUCT WILL CARRY ITS OWN LIMITED WARRANTY, WHICH IS ENCLOSED WITH EACH PRODUCT. SUCH WARRANTY WILL BE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES BY STAR TRAC, EXPRESSED OR IMPLIED.
The Buyer may choose to contract with S.D.M to install the purchased product. At the time the order is placed, the Buyer will provide S.D.M with an installation date. S.D.M will make reasonable commercial efforts to install the product on or before the installation date. Product held more than 10 days after the installation date at the Buyer’s request will be subject to a storage fee. Product held more than 30 days past the installation date at the Buyer’s request will be subject to a 15% restocking fee as well as a storage fee. With the exception of Grand Openings, partial installations require the installed product to be paid per the terms of the invoice.
This document was last updated July, 2014.