Terms & Conditions, Cancellation and Return Policy
TERMS & CONDITIONS
You are responsible for all communications made to Pro-Elite Strength Systems 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. Pro-Elite Strength Systems 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 Pro-Elite Strength Systems employees or representatives does not constitute any implied warranty of merchantability or fitness for any particular purpose.
Pro Elite Return Policy
Pro-Elite Strength Systems reserves the right, in its sole discretion, to allow you to return the Products upon written agreement between you and Pro-Elite Strength Systems, 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 the Pro Elite Corporate Office and it has been evaluated by the Pro Elite staff. Custom manufactured items (colors other than black paint and gray upholstery, custom logos, etc.) may be subject to higher restocking charges. Call Pro Elite at 801-886-2006 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 Pro-Elite Strength Systems, 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.
Pro Elite 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 Pro-Elite Strength Systems 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 Pro-Elite Strength Systems 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 Pro-Elite Strength Systems 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 Pro Elite after the event date is confirmed, the customer is responsible for all change or cancellation fees.
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 Pro-Elite Strength Systems 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 Pro-Elite Strength Systems. If you accept the Products from the freight company and sign the BOL without giving notice of defect to Pro-Elite Strength Systems and annotating the BOL, the Products are considered delivered and accepted as is and Pro-Elite Strength Systems 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 Pro-Elite Strength Systems 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.
Estimated Delivery Times
Pro-Elite Strength Systems provides estimated delivery time for convenience only, and you agree not to rely on the delivery date, which is an estimate based upon Pro-Elite Strength Systems’s historical delivery times and information provided by third-party shipping companies and other parts suppliers. Pro-Elite Strength Systems does not provide an exact date for shipping and you agree that Pro-Elite Strength Systems 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. Pro-Elite Strength Systems accepts no liability for missed appointments, and makes no guarantees regarding the accuracy of third-party delivery times and professionalism.
All dimensions for items are posted online or are available upon request. Pro-Elite Strength Systems 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. Pro-Elite Strength Systems 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. Pro-Elite Strength Systems 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.
Some Pro-Elite Strength Systems 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. Pro-Elite Strength Systems 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. Pro-Elite Strength Systems does not guarantee that you will be able to assemble or install the Products on your own without the aid of a professional contractor. Pro-Elite Strength Systems is not responsible for improper installation, damage to the Products, or any other damages resulting from your assembly or installation of the Products. Pro-Elite Strength Systems is not responsible for damage to person or property due to improper assembly, use, or installation of the Products.
Changing Delivery Destination
Pro-Elite Strength Systems 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.
This Site is controlled by Pro-Elite Strength Systems from its offices within the United States of America. Pro-Elite Strength Systems 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.
In the event that Pro-Elite Strength Systems 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 Pro-Elite Strength Systems pursuant to these Terms. If the Products are damaged by you or in transit back to Pro-Elite Strength Systems 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, Pro-Elite Strength Systems 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 PRO-ELITE STRENGTH SYSTEMS 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 PRO-ELITE STRENGTH SYSTEMS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, YOU RELEASE PRO-ELITE STRENGTH SYSTEMS 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, PRO-ELITE STRENGTH SYSTEMS’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 PRO-ELITE STRENGTH SYSTEMS GUARANTEE IS LIMITED TO THE QUALITY AND FUNCTIONALITY OF THE PRODUCTS. PRO-ELITE STRENGTH SYSTEMS AND ITS PARTNERS ARE NOT CONTRACTORS OR CONSULTANTS. PRO-ELITE STRENGTH SYSTEMS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE PRODUCT, OR THE FUNCTION, EFFECTIVENESS OR TIMELINESS OF THE SITE OR SERVICES IN MEETING YOUR OBJECTIVES. PRO-ELITE STRENGTH SYSTEMS MAKES NO GUARANTEE THAT THE PRODUCT WILL FIT IN YOUR INTENDED LOCATION OF INSTALLATION OR IS APPROPRIATE FOR YOUR INTENDED USE. PRO-ELITE STRENGTH SYSTEMS IS NOT RESPONSIBLE FOR ANY DESIGN OR CONSTRUCTION DECISIONS WHATSOEVER MADE BY ANY USER.
All Pro Elite and Manufacturer's Warranties are available to the Original Purchaser only
Frames – 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 Pro Elite Products carry a 1 year warranty against manufacturer's defects
Updated on July 18, 2017
Pro-Elite Strength Systems reserves the right to make changes to terms at anytime.