PURCHASE AND SALE AGREEMENT

Terms of Service
Welcome to Areufat LLC dba Fitness Solutions through www.fitnesssolutions.com.
In order to use the services provided under this web site to purchase product from Fitness Solutions, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.

Acceptance of Terms
Fitness Solutions sells its products to you subject to the following terms and conditions, which may be updated by us from time to time without prior notice to you. By accessing, browsing, and/or using the services in this web site, you acknowledge and represent that you have read and understood these terms and conditions and that you and your company agree to be bound by them and comply with all applicable laws and regulations, including those of Oklahoma and the United States.

Terms & Conditions
This Purchase and Sale Agreement (Agreement") is between the purchaser identified in the name and e-mail address ("Customer") and Areufat LLC. ("Fitness Solutions"). By signing below, the parties agree that Customer shall purchase from Fitness Solutions and Fitness Solutions shall sell to Customer the equipment described below ("Equipment"), on the following terms and conditions:

1. EQUIPMENT
   The term Equipment means the following reconditioned exercise and related equipment sold by Fitness Solutions to Customer:

2. PRICE & PAYMENT
    Customer shall pay Fitness Solutions the sum of money described in the checkout cart, for the Equipment ("Contract Price") by bank wire, certified check, cash, major credit card or paypal.
   

3. WARRANTIES
   a. "As Is" Sale. The Equipment is sold "as is" and "where is,"without any express or implied warranties, except that the Equipment is free and clear of any liens or encumbrances.
   FITNESS SOLUTIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FITNESS SOLUTIONS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT.
   
   b. Limited Warranty. Fitness Solutions hereby provides Consumer Customer a 6 month on residential, 3 months for commercial and 30 days on labor, and a one-year warranty on motors; the warranty shall commence on the date Fitness Solutions ships the Equipment to Customer. This limited warranty does not cover normal wear and tear of the Equipment.
   CUSTOMER'S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE ALLEGEDLY DEFECTIVE PART. EXCEPT AS SET OUT IN THIS PARAGRAPH b., FITNESS SOLUTIONS MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE EQUIPMENT, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FITNESS SOLUTIONS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO BODILY INJURY, PROPERTY DAMAGE, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE, USE OR INABILITY TO USE THE EQUIPMENT. IF THE CLIENT DOES NOT COMPLY WITH THE PROCEDURES AS LAID OUT BY FITNESS SOLUTIONS, THE LIMITED REPLACEMENT WARRANTY MAY AND CAN BE VOIDED AT FITNESS SOLUTIONS' DISCRETION.
   

4. COST & FREIGHT; SHIPMENT & INSURANCE
   The Equipment is sold on a "Cost plus Freight" basis, and Fitness Solutions will arrange shipment. Fitness Solutions shall not be liable or responsible for any damages that may occur to the Equipment after it has been shipped from Fitness Solutions' premises. Customer shall be responsible for procuring its own insurance on the Equipment from the date and point of shipment from Fitness Solutions' premises.

5. DELIVERY
   Fitness Solutions does not guarantee delivery by a specific date, and Customer acknowledges that any proposed date provided by Fitness Solutions shall only be an estimated date. In no way is this a "time is of the essence" clause; nevertheless, Fitness Solutions will use its best efforts to deliver the Equipment to Customer by the proposed date or as soon as possible thereafter. If delivery becomes impossible or is delayed for more than 30 days from the proposed delivery date, Fitness Solutions will at Customer's request provide Customer with a full refund of any money paid to it by Customer for the Equipment.

6. INSPECTION
   Customer agrees to inspect the Equipment prior to final shipment delivery. If Customer fails to do so, it shall be prima facie evidence that the Equipment was in good working order and without any damage at shipment. Claims cannont be filed unless otherwise noted on bill of lading at time or receipt of shipment.

7. DEFAULT ON PAYMENT & LIQUIDATED DAMAGES
   If Customer fails to pay for the Equipment as set out hereunder, Fitness Solutions shall give Customer 7 days written notice to cure. If Customer fails to cure within that time, Fitness Solutions may immediately terminate this Agreement. Since it would be extremely difficult and impractical to assess actual damages suffered by Fitness Solutions if Customer fails to pay for the Equipment and fails to cure as set out above, Customer agrees Fitness Solutions shall be entitled to retain any Down payment as liquidated damages.

8. RETURNS & COSTS
   If for any reason the Equipment is returned to Fitness Solutions, Customer agrees to pay Fitness Solutions (a) restocking fee of 20% of the sales price of the specific item, and (b) all shipping charges, including return shipping costs. Customer also agrees that if Fitness Solutions is charged for any non-qualification or related credit card fee on any credit card payment or transaction by Customer relating to the Equipment, Fitness Solutions may immediately charge or debit Customer's credit card in that amount.
   

9. LIABILITY DISCLAIMER
   Except as set out in Paragraph 3, neither the limed warranty, nor language contained in any manual which is or may be provided in connection with or relating to the Equipment, shall be construed as an admission of fault or acceptance of liability by Fitness Solutions in the event any mechanical or other defect results in any injury to property or person.

10. USE OF EQUIPMENT; INDEMNITY
    Fitness Solutions has no control over Customer's use or operation of the Equipment; Customer therefore assumes all responsibilities and risks associated with the Equipment's use and operation. Customer agrees to indemnify and hold Fitness Solutions harmless from any claims, losses, damages or injuries (including court costs and attorney's fees) arising out of or associated with the sale, as well as Customer's or any third party's use or inability to use the Equipment.

11. NOTICE
    For any notice to be given by one party to the other under this Agreement, it shall be in writing to the address listed above (or any subsequent address provided) and effective immediately on personal delivery or fax, or the next business day if sent by express mail, or three days after deposit with the US Postal Service, postage prepaid.

12. OKLAHOMA LAW & ARBITRATION This Agreement shall governed by and construed under the laws of the State of Oklahoma. In the event of any dispute regarding the terms or performance of this Agreement, the non-breaching party shall provide written notice to the other party of the alleged breach, and such party shall have thirty (30) days within which to cure such breach. If such breach is not cured within such thirty (30) day period, the non-breaching party may then elect to proceed in arbitration by notice to the other party. Within ten (10) days following receipt of a notice demanding arbitration, the parties jointly shall contact the American Arbitration Association ("AAA") for a list of seven approved arbitrators. Thereafter the parties shall alternate striking names from the list of arbitrators with the last arbitrator left on such list being the arbitrator who will hear and determine the dispute. The rules of the AAA shall govern all subsequent proceedings in arbitration. Any award in arbitration shall be final and unappealable and enforceable in any state or federal court district Court located in Tulsa County, Oklahoma. All arbitration hearings and proceedings shall be conducted in Tulsa County, Oklahoma. Each party hereby irrevocably waives all rights to litigate any claim against the other party in a court of law (except to enforce an arbitration award). Each party further agrees and consents to the exclusive jurisdiction of any state or federal court located in Tulsa County, Oklahoma for the enforcement of any arbitration award, waives any objection to venue.

13. GENERAL TERMS
    a. All sales are final upon receipt of the Contract Price.
    
    b. The parties warrant and represent that any corporate officer signing below is fully authorized to do so.
    
    c. This Agreement is binding on the parties, their successors, representatives and assigns, and it may only be modified in a writing signed by both parities. It constitutes the entire agreement between Customer and Fitness Solutions, and it supersedes all prior oral or written representations or agreements that may have been made by either party.
    
    d. No waiver of full performance by either party may be construed or operate as a waiver of any present or future default or breach of any provisions of this Agreement. If any provision is held to be invalid or unenforceable, it shall not affect the remaining provisions, which will remain in full force and effect.