Terms and Conditions
Terms and Conditions of Sales
NGUVUPOWER FITNESS AGREEMENT
These terms and conditions constitute a continuing sales agreement between NguvuPower (hereinafter referred to as “NguvuPower”) and the Buyer for all products, parts, and/or services (“Products”) provided by NguvuPower in connection with the Buyer’s order of NguvuPower Products (“Order”). No other terms or modifications shall be binding unless accepted in writing by NguvuPower. If the Buyer uses its own purchase order form to place orders for Products, any additional or conflicting terms on such forms shall be null and void.
1. DELIVERY
(A) Nguvu Power shall make reasonable efforts to deliver Products by the requested delivery date (“Requested Delivery Date”). However, NguvuPower is not liable for any damages, including consequential or incidental damages, arising from delays in delivery, except where delays are caused by Buyer’s actions as defined in Section 19 (“Buyer’s Factors”). In such cases, no price increases or additional fees will apply due to Nguvu Powers delay
(B) If delays or changes to delivery are requested by the Buyer or caused by the Buyer’s inaction (“Buyer’s Factors”), NguvuPower reserves the right to impose delivery delay fees or price adjustments. If the Buyer extends the delivery date by more than 30 days from the original Requested Delivery Date, the Buyer agrees to pay:
- 50% of the total invoice price at the time of notification, with the balance due under previously agreed payment terms.
- In case of delivery delays, the delay fee is 0.5% per month of the total invoice price from the original delivery date until delivery.
These fees do not apply if the Buyer requests an extension at least 60 days before the original delivery date.
2. PARTIAL SHIPMENT
NguvuPower reserves the right to offer partial shipments of available Products. If the Buyer accepts partial shipments, NguvuPower will invoice for the shipped Products. Acceptance of partial shipments does not release the Buyer from the obligation to accept and pay for the remaining Products.
3. RISK OF LOSS
- The risk of loss passes to the buyer once the product has been shipped.
- Natural disasters are not covered under our risk of loss policy.
- Buyers are responsible for purchasing liability insurance for the equipment if required.
4. PAYMENT
We offer the following payment options:
1. Wire Transfer:
○ 50% advance payment before production.
○ The remaining 50% balance must be paid before shipping.
2. Credit Card Payment:
○ 60% advance payment before production.
○ The remaining 40% balance must be paid before shipping.
3. Stock Orders or Single-Unit Purchases:
○ Full 100% upfront payment is required.
NguvuPower will invoice the Buyer in the agreed currency for the total cost of Products, including applicable charges for freight, taxes, and fees. Payment is due within 30 days of the invoice date or as per prior written agreement. Payments overdue are subject to a 3% monthly interest rate or the maximum allowed by law. NguvuPower may require prepayment for any Products or services and reserves the right to adjust credit terms.
The Buyer grants NguvuPower a security interest in all Products until full payment is received. In cases of fi nancial distress (e.g., insolvency, bankruptcy), NguvuPower may request prepayment or cancel pending orders.
5. RETURNS
- Return & Cancellation Policy
- Order Cancellation Policy
- Orders may be canceled within 7 days of payment, but the buyer is responsible for covering any bank processing fees.
- Cancellations made after 7 days but within 60 days of delivery will be subject to a 20% restocking fee, as production will have already commenced.
- To cancel an order, please contact us via email at info@nguvupowerfitness.com or call 949-355-7647.
6. RETURN & REFUND POLICY
Buyers may request a return or refund within 3 business days of receiving the order.
The buyer is responsible for covering the following costs associated with returns:
- Bank processing fees
- Transportation fees
- Loading and offloading fees
- Labor costs
If a return is requested after 3 business days, a 20% restocking fee will be applied.
Any damage incurred during transportation for a return is the buyer’s responsibility.
7. LIMITED WARRANTY
For all Easy-Tier parts, we provide a 90-day warranty.
8. LIABILITY LIMITATIONS
A waiver document must be signed before finalizing the order.
Once the order has been signed and delivered, the buyer assumes full responsibility,
and any further legal obligations fall on the buyer.
Once the order has been signed and delivered, the buyer assumes full responsibility,
and any further legal obligations fall on the buyer.
9. FORCE MAJEURE
NguvuPower is not responsible for delays or inability to perform due to causes beyond its reasonable control, including natural disasters, labor disputes, government actions, and transportation issues. Delivery timelines will be adjusted accordingly.
10. GOVERNING LAW & VENUE
This agreement is governed by the laws of the state of California, and any disputes will be resolved
in courts located in Los Angeles, California.
in courts located in Los Angeles, California.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between NguvuPower and the Buyer, superseding all prior agreements. Changes or waivers must be in writing and signed by both parties.