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Download a Credit Application - Life Fitness

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LIFE FITNESS, a division of Brunswick Corp Toll Free: (800) 735-3867<br />

5100 River Road, Suite 300 Phone: (847) 288-3300<br />

Schiller Park, IL 60176 Fax: (847) 288-3795<br />

Website: www.lifefitness.com<br />

Company Information - Please fill out the form completely, have an officer/owner sign and/or initial where indicated<br />

and return the following pages to <strong>Life</strong> <strong>Fitness</strong>. The information provided will be held in confidence.<br />

LEGAL ENTITY NAME: DBA/AKA/TRADE NAME:<br />

BUYER CONTACT: PHONE NO: FAX NO:<br />

( ) ( )<br />

A/P CONTACT: PHONE NO: A/P CONTACT E-MAIL ADDRESS:<br />

( )<br />

BILLING ADDRESS: CITY, STATE, ZIP CODE<br />

SHIPPING ADDRESS: CITY, STATE, ZIP CODE<br />

WEBSITE:<br />

E-MAIL ADDRESS:<br />

Name(s)/Owners/Partners/Principals/Parent Co.: % OWNERSHIP: PHONE NO: CELL PHONE NO:<br />

( ) ( )<br />

HOME ADDRESS: CITY, STATE, ZIP CODE<br />

Name(s)/Owners/Partners/Principals/Parent Co.: % OWNERSHIP: PHONE NO: CELL PHONE NO:<br />

( ) ( )<br />

HOME ADDRESS: CITY, STATE, ZIP CODE<br />

Name(s)/Owners/Partners/Principals/Parent Co.: % OWNERSHIP: PHONE NO: CELL PHONE NO:<br />

( ) ( )<br />

HOME ADDRESS: CITY, STATE, ZIP CODE<br />

BUSINESS ENTITY: Private Public Proprietorship Partnership Corporation, Incorporated in the State of:<br />

D&B NO:<br />

TYPE OF BUSINESS: Health Club Hotel Country Club/Resort Retail Leasing Company Other<br />

YEARS IN BUSINESS: YEARS AT PRESENT LOCATION: LIFE FITNESS SALES REP NAME:<br />

Bank References - (Required) I, the undersigned, by my signature below, hereby authorize <strong>Life</strong> <strong>Fitness</strong> to acquire credit information on my company.<br />

NAME: CONTACT: NAME: CONTACT:<br />

ADDRESS: PHONE NO: ADDRESS: PHONE NO:<br />

( ) ( )<br />

CITY/STATE/ZIP CODE FAX NO: CITY/STATE/ZIP CODE FAX NO:<br />

( ) ( )<br />

NAME ON ACCOUNT: NAME ON ACCOUNT:<br />

CHECKING ACCOUNT NUMBER (REQUIRED) CHECKING ACCOUNT NUMBER (REQUIRED)<br />

LOAN ACCOUNT NUMBER: LOAN ACCOUNT NUMBER:<br />

Trade References - I, the undersigned, by my signature below, hereby authorize <strong>Life</strong> <strong>Fitness</strong> to acquire credit information on my company.<br />

NAME: NAME:<br />

ADDRESS: ADDRESS:<br />

CITY/STATE/ZIP CODE CITY/STATE/ZIP CODE<br />

PHONE NO: FAX NO: PHONE NO: FAX NO:<br />

( ) ( ) ( ) ( )<br />

Guarantee of Payment and Acceptance of Terms<br />

In consideration of your extended credit, the Terms and Conditions of Sale as set forth in your shipping documents and invoices are hereby accepted<br />

(see following page). Standard terms are net 30 days from date of invoice (FOB shipping point). The undersigned further agrees that any portion of an invoice amount which<br />

has not been paid by the due date will accrue a finance charge of 1.5% of the past due balance per month (or an annual percentage rate of APR 18%) or maximum allowable by law.<br />

By<br />

Print Name<br />

By<br />

Print Name<br />

Officer's Signature Title Date<br />

Officer's Signature Title Date<br />

All pages of this application- including the second page- must be appropriately signed and initialed by an officer/owner/partner of the company.<br />

Please read all of the terms and conditions on the following page before signing.<br />

Please attach recent financial statements and any applicable tax exempt forms.


TERMS AND CONDITIONS OF SALE<br />

1. AGREEMENT: These terms and conditions of sale shall constitute a continuing sale Agreement between <strong>Life</strong> <strong>Fitness</strong>, a division of Brunswick Corporation, (hereinafter referred to as “<strong>Fitness</strong>”) and<br />

Buyer for all products and services to be provided by <strong>Fitness</strong> to Buyer<br />

to in writing by <strong>Fitness</strong>.<br />

Buyer may use Buyer’s standard form of purchase order to place orders for products and services, but any terms and conditions on such standard form which are in addition to or inconsistent with the<br />

terms and conditions of this Agreement shall be deemed stricken from such order.<br />

2. DELIVERY:<br />

arising from any failure of <strong>Fitness</strong> to meet any delivery date. Delays in delivery at Buyer’s request or due to Buyer’s failure may result in storage fees.<br />

3. PARTIAL SHIPMENT: <strong>Fitness</strong> shall be entitled to make partial shipments of products ordered by Buyer as such products become available for shipment and may invoice separately for each shipment.<br />

Partial shipment of products shall not relieve Buyer from Buyer’s obligation hereunder to accept shipments of the remainder of the order.<br />

4. RISK OF LOSS: Title and risk of loss with respect to the ordered products shall pass to Buyer at the time of delivery of the Products to the carrier for shipment. F.O.B. point of shipment shall be<br />

5. PAYMENT: <strong>Fitness</strong> shall invoice Buyer for the purchase price of each of the products shipped and services rendered pursuant to this<br />

pursuant to such other terms as agreed to by <strong>Fitness</strong>. <strong>Fitness</strong> may require payment in advance of all or any part of the purchase price of any product or service.<br />

Any amounts due hereunder from Buyer and not paid by the due date thereon shall bear interest at the lesser of the rate of one and one-half percent (1-1/2%) per month or the maximum rate permitted<br />

by applicable law. Such interest shall be in addition to and without limitation of any other rights or remedies which <strong>Fitness</strong> may have under this Agreement or at law or in equity. Buyer agrees to pay any<br />

attorney’s fees and costs incurred by <strong>Fitness</strong> in the collection of any delinquent amounts due under this Agreement.<br />

Buyer shall be responsible for all taxes arising out of or related to the provision of products and services ordered, including but not limited to sales, use and excise taxes. Such taxes shall be in addition<br />

to the sales price unless otherwise provided.<br />

6. GOVERNING LAW & COMPLIANCE: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois and the exclusive forums for the resolution of any<br />

disputes hereunder shall be Illinois state courts in the County of Cook, or federal courts in the Northern District of Illinois.<br />

7. RETURNS: (A) Products: New, unused products currently stocked by <strong>Fitness</strong> may, but only with <strong>Fitness</strong>’s prior written consent, be returned for credit. Each returned item is subject to a re-stocking<br />

charge equal to 20% of the purchase price of such product. Non-stocked or used materials may not be returned for credit under the foregoing procedure, but <strong>Fitness</strong> may agree, at its sole discretion, to<br />

repurchase such materials at a negotiated price. Orders canceled after shipment by <strong>Fitness</strong> or after production begins for Built-to-Order products are subject to a restocking fee of 20% of the purchase<br />

Parts: new, unused parts currently stocked by <strong>Fitness</strong> may,<br />

but only with prior written authorization of <strong>Fitness</strong>’s Customer Support Services (hereinafter referred to as “CSS”), be returned for credit within the first thirty (30) days from purchase. Returns<br />

submitted without authorization or returns received after thirty (30) days of the authorization date will not receive credit as outlined in this Section 7. To obtain a Return Material Authorization<br />

(RMA), contact customer support center at (800) 351-3737 (7:00 am – 6:00 pm, Central Time) or email customersupport@lifefitness.com. The RMA must be boldly written on the outside of the<br />

return package. <strong>Fitness</strong> assumes no responsibility for damage caused by shipping or improper packaging. Each returned item is subject to a re-stocking charge equal to 20% of the purchase price<br />

of such product. Non-stocked or used materials may not be returned for credit under the foregoing procedure, but <strong>Fitness</strong> may agree at its sole discretion, to repurchase such materials at a negotiated<br />

price. Orders cancelled after shipment by <strong>Fitness</strong> or after production begins for Built-to-Order parts are subject to a restocking fee of 20% of the purchase price. Errors in orders shipped by <strong>Fitness</strong><br />

must be reported within fifteen (15) days after receipt for credit or replacement to be permitted.<br />

8. ACCEPTANCE BY BUYER:<br />

. <strong>Fitness</strong> may then, at its sole election, proceed to make any necessary corrections, in which case such<br />

corrective action by <strong>Fitness</strong> shall be Buyer’s sole remedy for non-acceptance of a product. Upon completion and acceptance of such corrections, the products will be deemed accepted by Buyer. Under<br />

no circumstances shall Buyer be entitled to revoke Buyer’s acceptance of the product.<br />

a) Each product shall have its own Limited Warranty. Such warranty shall be the original Buyer’s sole and exclusive remedy for any breach of the Warranty. SUCH WARRANTY IS THE SOLE<br />

WARRANTY MADE BY FITNESS WITH RESPECT TO THE PRODUCT OR SERVICE PURCHASED BY OR PROVIDED TO BUYER PURSUANT TO THIS AGREEMENT AND IS IN<br />

LIEU OF ALL OTHER WARRANTIES BY FITNESS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND<br />

FITNESS FOR A PARTICULAR PURPOSE.<br />

9. CONSEQUENTIAL DAMAGES: NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, FITNESS SHALL HAVE NO LIABILITY WHETHER ARISING IN<br />

CONTRACT, TORT OR OTHERWISE, FOR LOSS OF CAPITAL, LOSS OF PRODUCT, LOSS OF PROFIT, LOSS OF USE, LOSS OF POWER, POWER OUTAGES, COST OF REPLACEMENT<br />

POWER, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.<br />

10. LIMITATIONS OF LIABILITY: IN NO EVENT SHALL FITNESS’S LIABILITY TO BUYER ARISING OUT OF OR RELATING TO THE SALE OF ANY PRODUCT OR SERVICE<br />

PURSUANT TO THIS AGREEMENT EXCEED THE PURCHASE PRICE PAID BY BUYER TO FITNESS FOR SUCH PRODUCT OR SERVICE.<br />

11. FORCE MAJEURE: Delay in or failure to carry out the duties imposed upon either party (except Buyer’s duty to make invoiced payments to <strong>Fitness</strong>) under this Agreement shall not constitute default<br />

hereunder or give rise to any claim for damages if such delay or failure results directly or indirectly from acts of God, acts of any civil or military authority, civil disturbances, war, strikes or other<br />

occurrences beyond such party’s reasonable control, all of the aforesaid being herein for convenience referred to as “events of force majeure.”<br />

In the event that <strong>Fitness</strong>’s work is delayed, impeded or rendered more costly to <strong>Fitness</strong> by any event of force majeure, the price to Buyer hereunder shall be increased accordingly, upon at least thirty<br />

Force majeure delays shall also extend the estimated delivery date on a day by day basis.<br />

12. TERMINATION:<br />

of all further obligations hereunder except Buyer’s obligation to pay <strong>Fitness</strong> the total of <strong>Fitness</strong>’s outstanding invoices as of the date of termination and invoices on all orders and invoices in progress<br />

including without limitation, all costs, expenses and liabilities (including cancellation charges) incurred by <strong>Fitness</strong> as a result of such termination.<br />

13. WAIVER: No waiver of any provision of this Agreement or any rights or obligations of either party hereunder shall be effective or a continuing waiver, except pursuant to a written instrument signed<br />

14. SEVERABILITY OF PROVISIONS: In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of the Agreement shall remain<br />

valid and enforceable according to its terms. WITHOUT LIMITING THE FOREGOING, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT EACH AND EVERY PROVISION OF THIS<br />

AGREEMENT WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES IS INTENDED BY THE PARTIES TO BE<br />

SEVERABLE AND INDEPENDENT OF ANY OTHER SUCH PROVISION AND TO BE ENFORCED AS SUCH. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE<br />

EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET<br />

FORTH HEREIN SHALL REMAIN IN EFFECT.<br />

NAME<br />

ADDRESS<br />

CITY, STATE, ZIP<br />

PHONE<br />

FAX<br />

CHANGE OF ADDRESS INFORMATION

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