Documentation. Your Launchpad Fitness, Inc Pre-Order Agreement (the “Agreement”) is made up of the following documents:
- Terms & Conditions: These Terms & Conditions are effective as of the date you place your pre-order and make your Pre-Order Payment the (“Pre-Order Date”)
Agreement to Purchase. You agree to pre-order a Launchpad Fitness system the “Launchpad”) when you made your Pre-Order Payment and by taking delivery, completing the transaction when the Launchpad is ready for delivery from Launchpad Fitness, Inc. or its affiliate (“we”, “us”, “our”), pursuant to the terms and conditions of this Agreement. Your Launchpad is priced and configured based on features and options available at the time of order and you can confirm availability with a Launchpad Fitness representative. Options, features or hardware released after you place your order may not be included in or available for your Launchpad.
Pre-Order Price, Taxes and Official Fees. The pre-order price of the Launchpad will be confirmed on the checkout page of the Launchpad website. The final price will be confirmed by email prior to shipping. The pre-order price listed in this agreement does not include taxes or shipping, which could amount to up to 10% or more of the pre-order price. Taxes and fees are constantly changing and will depend on many factors, such as where the Launchpad is shipped, thus they will be calculated closer to the time of delivery and indicated in your final order confirmation email. You are responsible for paying these additional taxes and fees along with the remainder of the balance to complete your order.
Pre-Order Process; Cancellation; Changes. After you submit your completed pre-order and until your Launchpad is delivered to you, you may cancel your pre-order at any time, in which case you will receive a full refund of your Pre-Order Payment. When you take delivery of th eLaunchpad, we will provide a credit to the final pre-order price of your Launchpad equivalent to the amount of the Pre-Order Payment you paid. This Pre-Order Payment and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.
Delivery. You understand that Launchpad Fitness may not have completed the development of the Launchpad or begun manufacturing the Launchpad at the time you entered into this Agreement and so we do not guarantee when your Launchpad will actually be delivered. Your actual delivery date is dependent on many factors, including the manufacturing availability of your Launchpad. To secure your final payment and performance under the terms of this Agreement, we will retain a security interest in the Launchpad and all proceeds therefrom until your obligations have been fulfilled.
Concerns and Disputes. If you have a concern or dispute between you and Launchpad Fitness, Inc. and its affiliates, (together “Launchpad Fitness, Inc”) please send a written notice describing it and your desired resolution to firstname.lastname@example.org
Warranty. You will receive the Launchpad Limited Warranty at or prior to the time of your Launchpad delivery. You may also obtain a written copy of your warranty, which will be available as delivery nears, from us upon request or from www.launchpad.fit
Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Pre-Order Payment.
No Resellers; Discontinuation; Cancellation. Launchpad and its affiliates sell products directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Launchpad or that has otherwise been made in bad faith. We may also cancel your pre-order and refund your Pre-Order Payment if we discontinue a product, feature or option after the time you place your pre-order or if we determine that you are acting in bad faith.
Governing Law; Integration; Assignment. The terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in which we are licensed to sell Launchpad Fitness, Inc products. Prior agreements, oral statements, negotiations communications or representations about the Launchpad sold under this Agreement are superseded by this Agreement. Terms relating to the pre-order not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.
This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.
Launchpad Fitness Pre-Order Agreement (v. 1.0) – Launchpad Fitness, Inc. 2021