Terms and Conditions of Sale

PRICING

Pricing is valid for 30 days from date indicated on quotation. Signature, date, and 50% deposit is required to process order unless otherwise specified. Buyer accepts and agrees to prices, specifications, and Advantage Fitness Products standard terms and conditions of sale. Volume discounts indicated are based on equipment quantities indicated on this quotation. Changes to final equipment selection and quantities may affect available discounts.

DELIVERY / INSTALLATION

Delivery to Customer shall be F.O.B. Advantage Fitness Products' facility. Title and risk of loss shall pass to Customer upon AFP's delivery of the equipment to a common carrier or to Customer, in either case, from AFP's facility. Unless otherwise requested by Customer, delivery will be made by AFP delivery crew, or common carrier selected by AFP. AFP shall be bound to deliver the equipment only if this agreement has been signed by an authorized representative of AFP and Customer.

Customer agrees to accept delivery of goods on or within ten days from the date AFP has received all goods necessary to fulfill Customer's order from the manufacturer(s). In the event customer is unable or unwilling to accept installation within the time frame specified above, customer agrees to arrange to store goods and remit payment as per the terms of this agreement. If AFP is willing to provide assistance in storage of equipment, the same shall be stored at prevailing market rates. AFP will make its best effort to accommodate customer's needs once a new timetable for delivery date is established, but can not guarantee labor rates or availability and/or product availability.

RETURNS

Should any Equipment arrive at Customer's destination in a damaged condition or should a shortage occur, Customer must report the nature and extent of the damage or shortage to AFP within 5 days of delivery. In no case is any equipment to be returned to AFP without AFP's prior written authorization. Returned equipment must be securely packed and shipped prepaid to AFP. Customer acknowledges that charges for equipment removal or freight incurred is the sole responsibility of the Customer.

CANCELLATION

All commercial orders are treated as custom and made to order. A no-return policy will remain in effect unless other restocking fees / charges are agreed upon by AFP in writing. In no event will AFP be liable for any loss, damage, or expense due to late delivery or damage caused by contracted carriers. Notice of delivery schedule cancellation must be received by AFP no less than 48 hours prior to the confirmed delivery date and time. If the delivery cancellation is not received within that timeframe, the customer will be charged 1% of the total order for the unused booking.

PAST DUE INVOICES

Invoices are due and payable on receipt unless otherwise specified. Advantage Fitness Products may impose a late charge and/or service charge equal to the lesser of 18% per annum (1-1/2% per month) or the maximum rate allowed by law upon any unpaid balance past due by more than 30 days. Customer shall promptly pay or reimburse AFP for all sales, use, value added service, excise, or other taxes and similar assessments arising out of the purchase of the equipment. Customer shall be liable for costs of collections (including attorneys' fees) incurred by AFP to collect payment due.

Until the purchase price for the equipment is fully paid, AFP will have a purchase money security interest in the equipment and all additions or replacements thereto or proceeds thereof. AFP may file financing statements under applicable law to evidence or perfect such security interest. Customer agrees to execute and deliver any such financing statements or other documents which AFP deems appropriate in order to perfect or otherwise obtain the benefits of such security interest.

ASSUMPTION OF RISK / LIMITATION OF LIABILITY

The Customer and each user of the equipment are solely responsible for the proper use thereof. Improper use may result in personal injury. AFP will not be liable for any direct, special, indirect or consequential damages arising out of the improper use of the equipment. The purchase of this equipment signifies acceptance of all responsibility and liability of monitoring member's usage and liability of training at own risk. In no event will AFP be liable for any special, punitive, indirect, or consequential damages (including lost profits) resulting from the use or loss of use of the equipment, even if it has been advised of the possibility of such damage; nor will AFP's liability to Customer (under contract, tort or otherwise) exceed the amount by Customer under this agreement for the relevant equipment.

WARRANTY

AFP makes no warranties, express or implied with respect to the equipment and expressly disclaims any implied warranty of merchantability and any implied warranty of fitness for purpose. Any warranty obligations are maintained between the original equipment manufacturer and the Customer, and shall be governed by the requirements of the manufacturer's warranty requirements and specifications.

MODIFICATIONS

No modification may be made to these Terms and Conditions unless the same is in writing, signed by an authorized representative of AFP at the main office. These Terms and Conditions represent the entire understanding between AFP and Customer and there are no oral understandings. These Terms and Conditions supersede any prior discussions, understandings or agreements between Customer and AFP. Customer acknowledges that AFP would not sell the equipment to Customer without each of these Terms and Conditions being effective. Should any portion of these Terms and Conditions be unenforceable or unlawful, the balance shall remain in full force and effect, to the extent legally possible. Customer recognizes and acknowledges that there is no "Cooling Off" period with regard to the purchase of the Equipment from AFP and there are no return rights or warranties provided by AFP.