Terms and Conditions

TERMS & CONDITIONS

These Terms and Conditions (these “Terms”) are a legal agreement between Bigger Faster Stronger, Inc. (“Bigger Faster Stronger”, “BFS”, “we”, “us”, or “our”) and the user (“you”, “your”, “yours”, “user”). This agreement states the terms and conditions under which you may use Bigger Faster Stronger’s website(s) (the “Site”) or purchase any products sold by Bigger Faster Stronger or its affiliates (the “Products”). By purchasing any Products, or accessing the Site you expressly agree to, and consent to be bound by, these Terms and the Privacy Policy found here (the “Privacy Policy”). Please read these Terms and the Privacy Policy carefully before accessing and using the Site or purchasing any Products. Bigger Faster Stronger may revise these Terms and the Privacy Policy at any time without notice by updating the Site. When you use the Site, please check the date that appears at the bottom of these Terms and review any changes since the last version. Your continued use of the Site or purchase of any Products means that you accept and agree to any revisions to these Terms and the Privacy Policy. If you do not wish to be bound by these Terms, please exit now and do not purchase any Products. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BIGGER FASTER STRONGER, INC. AND GOVERNS YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS DESCRIBED BELOW.

 

 

Pricing Policy

BFS is committed to providing our customers with the best possible value. Prices are subject to change at any time on our website or in our printed materials, but BFS takes pride in holding our printed prices for as long as possible. BFS is not responsible for typographical and/or photographical errors.

 

 

Order Placements

You are responsible for all communications made to BFS in the ordering process, and your placement of any order is final except as otherwise provided herein. It is your responsibility to verify all measurements on your property and compare them to the dimensions listed on the Site. BFS will not accept responsibility for your errors regarding any order or the measurement of any Products that meet those specifications listed on the Site. The advice of BFS employees or representatives does not constitute any implied warranty of merchantability or fitness for any particular purpose.

 

 

Payment Methods

  • Visa
  • MasterCard
  • Discover
  • American Express
  • Purchase Orders (Schools, government organizations and approved businesses only)
  • Pre-paid company check, personal check, cashier's check or money order (Note: Checks or Money orders may take slightly longer to process because all payments must first clear with the bank due to the risk of fraud.)(Not available for web orders)
  • Electronic funds transfer (Not available for web orders)

Credit cards are charged at the time of the order, and no orders will be built or shipped without an authorized credit card or PO.

No C.O.D. orders please.

 

Purchase Orders

Customer must send a written PO on School/Agency/Company letterhead, even for orders placed on the website. If a written PO is not received within 72 hours for orders placed on our website, the order will be cancelled.

Schools and other government agencies:

Orders are invoiced when shipped and once invoiced the BFS payment terms are Net 30 days.

Approved businesses:

All businesses must be approved in advance on each order before a PO will be accepted.

A 50% down payment will be required on all orders before the order will be processed with the balance of 50% due before BFS will ship the order.

Sales Tax

Sales tax is only required for orders shipping into states where BFS is licensed for state tax purposes under applicable laws. Therefore all orders shipping into Utah, North Carolina, or Indiana will be charged applicable sales tax.

 

Shipping

All orders require a minimum of one to three business days processing time before shipping.

BFS does not process orders during weekends.

BFS does not guarantee same day shipping.

 

Shipments weighing 299 lbs. or less fall in the parameters below:

  • FedEx Ground – Delivery within 7 to 10 business days after processing if the item is in stock.
  • FedEx 3Day Express Saver - Delivery within 3 to 4 business days after processing if the item is in stock.
  • FedEx 2Day - Delivery within 2 business days after processing if the item is in stock.
  • FedEx Standard Overnight - Delivery within 1 business day after processing if the item is in stock.
  • Shipments weighing 300 lbs or more fall in the parameters below:
  • Fed Ex Economy (LTL) – Delivery between 10 and 14 business days, after processing if the item is in stock.

Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) are manufactured after you place your order and usually require six to eight weeks before they can be shipped.

Hawaii, Alaska, or International shipments – Not available for web orders, please call our office at 800-628-9737, these shipments may be subject to additional fees

Items shipped to Utah, North Carolina, or Indiana are subject to sales tax.

 

 

Estimated Delivery Times

BFS provides estimated delivery time for convenience only, and you agree not to rely on the delivery date, which is an estimate based upon BFS’s historical delivery times and information provided by third-party shipping companies and other parts suppliers.  BFS does not provide an exact date for shipping and you agree that BFS will not be liable for any damages resulting from delivery occurring after an estimated delivery time. Tracking information can be provided within 24 hours from the time the Products ship. All sales are final and you will not be able to cancel any order due to delays in shipping.

All shipments are handled by third-party shipping companies and all appointments for receiving the Products are made directly with them. BFS accepts no liability for missed appointments, and makes no guarantees regarding the accuracy of third-party delivery times and professionalism.

 

 

Back Orders

Unfortunately, some of the more than 800 products we normally have in our warehouse may be temporarily on back order. We apologize for any inconvenience and will ship any backordered items as soon as possible.

 

 

Return Policy

BFS reserves the right, in its sole discretion, to allow you to return the Products upon written agreement between you and BFS, and upon the terms and conditions set forth in such written agreement. All returns must take place within 30 days of receipt of goods and are subject to a restocking fee of up to 50%, based on the condition of the item when it arrives at our Corporate Office and it has been evaluated by the our staff. Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) may be subject to higher restocking charges. Call us at 800-628-9737 for a return authorization number and for complete return instructions.

You acknowledge that it is your responsibility to repackage, or pay to repackage, the Products in exactly the same manner as the Products were packaged when you received them, including preparation for palletized shipment. All shipping and packaging expenses for return and reshipment will be your sole responsibility. It is recommended that you insure the Products for full value during shipping, as you will be responsible for any loss or damage that occurs in transit. You acknowledge that any and all such damages, upon reasonable inspection by BFS, will be charged to your account by the method of payment you used to purchase the Products. If that method is insufficient, any remaining amounts will be billed directly to you and payable on receipt of invoice.

BFS will not refund to Customer the original shipping charges.

 

 

Order Cancellation Policy

Items that are cancelled after 48 hours are subject to a Cancellation Fee of up to 50%. If an item is cancelled that has already shipped, please see our Return Policy. Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) may not be cancelled after manufacturing has begun.

If you cancel your order after 48 hours, no refund will be issued unless expressly agreed in writing by BFS as provided herein. You acknowledge that you have read, understand and agree to all terms and conditions listed on the Site and at checkout, and the provisions of this paragraph and these Terms supersede any oral representation made by any employee, representative, or affiliate of BFS during the placement of your order. Please be aware that if you cancel your order after the 48 hour cancellation window, or if you dispute any charge to your credit card in an attempt to circumvent any provision of this paragraph or these Terms, you will be responsible for the costs incurred by BFS in collection of your payment, and that your failure to pay will be reported to all major credit reporting agencies pursuant to the Fair Credit Reporting Act.  Please see below under the Collection Proceedings section for details. You further acknowledge that, if you obtain any Products or access to the Site by fraud or deceit, or if you engage in a frivolous dispute of charges, you may be prosecuted under the criminal statutes of the relevant state.

 

 

Camps, Clinics, WRSC Certifications, Installation, or Other Service Cancellation or Change Policy

If travel fares or accommodations have been booked by BFS after the event date is confirmed, the customer is responsible for all change or cancellation fees.

 

 

Changing Delivery Destination

BFS will not be responsible for extra freight charges incurred if you change the delivery destination while the Product is en route. There is no guarantee that you will be able to change the delivery destination while the Product is en route. Extra freight charges may apply and will be your responsibility for any change of the delivery destination provided in your initial order.

 

 

Shipping, Receiving, and Inspection of Products and Damaged Items

You are guaranteed to receive the Products in new and undamaged condition. All assembled products are delivered palletized or in boxes and shipped in an upright position unless the product height prohibits the product from being loaded accordingly. Unassembled products may on pallets or in boxes depending on quantity per order and size of unit. Please note that all of our orders are curbside delivery, and that BFS is not responsible for delivering the Products to your business, home, garage, or to any place other than the curbside unless you specifically request special delivery arrangements either through us or with a freight company. If you make arrangements directly with the freight company to deliver the Products to a place other than the curbside of the address you provide, you agree to be responsible for all additional charges that result. When you receive the Products, and sign to accept it, you acknowledge that you have had adequate opportunity to inspect the Product, and you waive any right to return the Products as damaged. If the Products are damaged in shipping you (or your agent) must list any damage on the trucking company receipt, which is labeled “proof of delivery” or “Bill Of Lading” (“BOL”). You have the right, the obligation, and responsibility to inspect the Products and to report any defect in the Products immediately to BFS. If you accept the Products from the freight company and sign the BOL without giving notice of defect to BFS and annotating the BOL, the Products are considered delivered and accepted as is and BFS will not be liable to you for any later claim that the Products were damaged at the time of delivery. You further acknowledge by signing for the Products without giving notice to BFS of any defect, that damages to the Products will be presumed to have occurred after delivery. By using the Site or purchasing the Products, you agree to the foregoing, and acknowledge that this policy is reasonably necessary because of the nature of the Products.

 

 

Product Dimensions

All dimensions for items are posted online or are available upon request. BFS does not know the size of your intended location of installation and it is your sole and complete responsibility to determine if the Products will fit in your intended location of installation. The Products are built to the measurements and specifications listed on the Site or made available to you and are not adjusted for your particular purpose. BFS does offer custom sizing or manufacture but all such specifications must be confirmed in writing and you may be required to pay custom fees as a part of your initial order.  BFS makes no guarantee that the Products will fit in your intended location of installation, regardless of the size. If you determine that the Products must be disassembled for your particular purpose, you take complete responsibility for such disassembly and for any damages that may occur as a result of disassembly.

 

 

Assembly

Some BFS Products are assembled at the factory and some require some assembly by you. When necessary, large pieces are partially broken down into small pieces for shipping. BFS does not offer installation or assembly services and is not liable for any damages resulting from your installation or assembly of the Products. Assembly is required on some Products, and you should seek competent assistance where necessary in assembling and installing the Products. BFS does not guarantee that you will be able to assemble or install the Products on your own without the aid of a professional contractor. BFS is not responsible for improper installation, damage to the Products, or any other damages resulting from your assembly or installation of the Products. BFS is not responsible for damage to person or property due to improper assembly, use, or installation of the Products.

 

 

 

 

Applicable Law

This Site is controlled by BFS from its offices within the United States of America. BFS makes no representation that the Site or its contents are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any action related to the Site, the content or these Terms shall be governed by Utah law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Salt Lake County, Utah for any legal proceedings related to the Site or these Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.

 

 

Collection Proceedings

In the event that BFS begins collection proceedings due to non-payment or credit card payment disputes, it will be your responsibility to pay for all collection and court proceedings, and to return the Products to BFS pursuant to these Terms. If the Products are damaged by you or in transit back to BFS it is your responsibility to pay for all damages.  All overdue payments shall bear interest at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, compounding monthly on the first day of each month and calculated on the basis of a 360-day year, from the date due until paid. In all collections proceedings, BFS will report your failure to pay to all major credit reporting agencies in compliance with the Fair Credit Reporting Act.

 

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER BFS NOR ANY AFFILIATE, EMPLOYEE, ASSOCIATE OR AGENT THEREOF SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, AND WHETHER OR NOT BFS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, YOU RELEASE BFS FROM ALL LIABILITY FOR DAMAGES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, FAILURE TO PROPERLY TAKE MEASUREMENTS OR INSTALL THE PRODUCT, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION). TO THE FULLEST EXTENT PERMITTED BY LAW, BFS’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

 

 

No Guarantee of Results

 

THE BFS GUARANTEE IS LIMITED TO THE QUALITY AND FUNCTIONALITY OF THE PRODUCTS. BFS AND ITS PARTNERS ARE NOT CONTRACTORS OR CONSULTANTS. BFS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE PRODUCT, OR THE FUNCTION, EFFECTIVENESS OR TIMELINESS OF THE SITE OR SERVICES IN MEETING YOUR OBJECTIVES. BFS MAKES NO GUARANTEE THAT THE PRODUCT WILL FIT IN YOUR INTENDED LOCATION OF INSTALLATION OR IS APPROPRIATE FOR YOUR INTENDED USE. BFS IS NOT RESPONSIBLE FOR ANY DESIGN OR CONSTRUCTION DECISIONS WHATSOEVER MADE BY ANY USER.

 

 

Warranty

All BFS and Manufacturer's Warranties are available to the Original Purchaser only.  Individual Manufacturer's Warranties may vary, and where they do the Manufacturer's Warranties take precedence over the following warranties:

  • Frames – Limited Lifetime warranty
  • Linear bearings and cables – 1 year warranty
  • Upholstery and grips – 120 day warranty
  • Flange bearings, pulleys, and guide rods – 5 year warranty
  • Vinyl Platform Center - 3 year warranty
  • Custom Logos – 120 day warranty
  • Other BFS Products carry a 1 year warranty against manufacturer's defects

 

 

BFS Recommended Maintenance

It is important that all Preventive Maintenance Activities be performed on a regular basis. Performing routine preventive maintenance actions can aid in providing safe, trouble-free operation of all Bigger Faster Stronger equipment.

 

DAILY

  • Upholstery: Wipe down with a mild solution of 10% liquid dish soap and 90% water. For difficult stains use a solution of 10% bleach and 90% water.
  • Frames: Wipe down with a mild solution of car wash soap and water, dry thoroughly. For chrome tubes or areas of heavy use apply a coat of car wax to resist corrosion from sweat.

WEEKLY

  • Inspect all bolts for looseness, tighten as required.
  • Inspect all cables and belts for wear or damage.
  • Inspect all handles and grips for wear or damage, particularly handle connecting points.
  • Inspect all snap links for proper latching or wear.
  • Inspect all labeling for readability; this includes placards, warning and caution decals.
  • Inspect all weight stacks for proper alignment and operation.
  • Wipe all guide rods clean, and lubricate with a lightweight motor oil.

YEARLY

  • Replace all belts and cables at least once a year.

 

Before Using any BFS Equipment

There is a risk assumed by individuals who use this type if equipment. To minimize risk, please follow these rules:

Consult your physician before beginning any exercise program.

Inspect equipment daily. Tighten all loose connections and replace worn parts immediately. Failure to do so may result in serious injury.

Do not allow minors or children to play on or around this equipment.

Exercise with care to avoid injury.

If unsure of proper use of equipment, call Bigger Faster Stronger at 1-800-628-9737.

 

Installation Guidelines

Completed during an installation:

  • Unload equipment from truck
  • Inside delivery of equipment
  • Assemble equipment ordered (Flooring not included)
  • Place equipment with safe buffer zones
  • Teach facilitator proper use of equipment
  • Teach facilitator proper care of equipment

Equipment and Tools supplied by customer:

  • Forklift (Dependent on facility)
  • Pallet Jack
  • Dolly
  • Extension Cord (2)
  • Dumpster
  • Dumpster Cart

Customer is responsible for:

  • Drilling any holes into your building, floors or walls to secure equipment
  • Installation of flooring
  • Disposal of all equipment containers or wrapping/packaging to waste disposal location
  • Removal of any old equipment

Information Needed from Customer:

  • Location of weight room (ground floor, 2nd story, ECT…)
  • Size of entry doors to the facility
  • Does customer have a loading dock?
  • Requested equipment layout
  • Timeline for installation (Minimum 20 day lead time)*
  • Contact person at location of installation (cell phone & email)

* Less than 30 day advance on change of installation date will result in a $1000.00 rescheduling fee.

 

 

Terms and Conditions last updated on Feb 1, 2018

BFS reserves the right to make changes to Terms and Conditions at any time.

 

 

 

Privacy Policy

Cookies and JavaScript

Your browser must be set to accept cookies from our site in order to place an order. If you choose to reject the cookie, you can still browse our store but will be unable to use the shopping cart to buy merchandise. The Bigger Faster Stronger shopping cart cannot function without cookies enabled so that the necessary information to process your order is retained. If you disable cookies, Bigger Faster Stronger will be unable to accept your online order. We will not share any personally identifiable information provided by this cookie with any third party. Your browser must also be set to allow JavaScript to run on our site in order to correctly browse and see our products, and place orders. If you do not have JavaScript enabled in your browser, you will not be able to see the correct prices, images, options, etc. of our products, and will not be able to place an order.

Information Collection and Use

Bigger Faster Stronger is the sole owner of all information collected on this site. We will not sell, share, or rent this information to any outside parties, except as outlined in this policy. We collect needed information from our customers to process orders and better serve you and supply needed information, such as order confirmations and order status updates. Information collected includes your name, shipping address, billing address, telephone numbers, e-mail address, and payment information such as your credit card number. We also require you to submit a username and password of your choice for your future access to your account information. To safeguard that your username and password remain confidential, DO NOT share this information with anyone.

eStore Account

In order to process your orders placed on this website, you must first create an account in our eStore. While creating this account you will be required to provide your contact information, including your name, e-mail address, telephone number, and street address.

Order processing

Most of the information collected in the registration process will be used to process your order. During the ordering process you will have to provide financial information such as your credit card number and expiration date. This information is used for billing purposes and to fulfill your order. If we have trouble processing an order, we will use your contact information to get in touch with you. To properly process your credit card information, we must share your personal and financial information with our merchant bank for authorization and approval. This process is protected by an enhanced security system. See the Security section below for more details on security measures and procedures. We do not share your personal and financial information with any third parties, except those specified in the Sharing section of this policy.

Log Files

Standard website Log files are kept on our servers. We use this data to configure our servers, help find problems in connections, identify abuse from specific IP addresses, and track statistics on our website, and other technical or configuration processes on our website. We do not share this information with anyone, and no link is made between IP addresses and any individual's personal information.

Sharing information with third parties

We may employ third party companies to perform functions on our behalf. These functions may include order fulfillment, package delivery, marketing assistance, postal and e-mail delivery, customer service, data analysis, and credit card processing. The third parties we contract for these purposes have limited access to your personal information and may not use it for other purposes. These third parties may include, but are not limited to:

FedEx Corporation

UPS Corporation

US Postal Service

Authorize.net

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Children

Bigger Faster Stronger does not sell products for purchase by children. Youth-oriented products are sold for purchase by adults only. If you are under the age of 18, you may only use our website in the presence of a consenting parent or guardian. We will not knowingly or intentionally collect personal information via the Internet from children under the age of 13. Bigger Faster Stronger is committed to protecting the welfare and privacy of children.

Links

This website contains links to other sites. Please be aware that Bigger Faster Stronger is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected by this website.

Security

Bigger Faster Stronger takes precautions to protect its customers' information. When you submit sensitive information via the website, your information is protected both online and offline. During the entire process of creating or updating your account and personal information, including your credit card information, all information passed between you and our website is encrypted and is protected with using SSL, which we feel is the best protection currently available. Bigger Faster Stronger uses the most advanced form of SSL software available: 256-bit encryption by Thawte, Inc.. To learn more about SSL, follow this link: http://www.thawte.com . All Bigger Faster Stronger servers, including web servers and database servers, are housed and maintained in secure locations. Access to the database is strictly monitored and protected from outside access. Internet access is restricted and protected by multiple firewalls and password protection. The servers on which we store personally identifiable information are kept in a secured environment, inside a secured and locked room. Only personnel with proper security clearance have access to these restricted areas. If you have any questions or concerns about Bigger Faster Stronger 's security practices, you can send us an email at info@bfsmail.com .

Removing your information from our database

If you wish to have your financial information removed at the time of your order, please contact us at info@bfsmail.com or call toll free 1-800-628-9737 to request that your information be deleted from our database. If you do this, in any future orders on our website, you will be required to re-enter your information.

Emails and the Bigger Faster Stronger Quote of the day

Periodic informational, promotional, and inspirational emails are sent only to customers who grant us permission to send them such information. To honor the privacy of our users, we offer the option to not receive these types of communications. At the time of your order, you may opt to not receive our emails or the Bigger Faster Stronger Quote of the day by clicking the appropriate field. Furthermore, all e-mails include an opt-out link if you no longer wish to receive them. At any time, you may remove your email address and not receive any future emails by visiting this page: http://www.biggerfasterstronger.com/home/ContactUs.asp

Last Update:  Feb 1, 2018

The Privacy Policy contained herein initially became officially effective July 1st, 2011.