Terms and Conditions for
Flex Marketing, LLC/Relaxed Fitness Sales

The articles, materials, or goods specified on your online or phone order (hereinafter referred to as “goods”), are hereby ordered upon the express terms and conditions printed on our web site. Your online or phone order and the written terms and conditions printed on this web site will together constitute the entire contract between you as PURCHASER and Flex Marketing, LLC/Relaxed Fitness as SELLER. These express terms and conditions are hereby incorporated into seller’s invoice and any statement of account.

1.) The terms and conditions of this sale may not be varied or changed, nor any of its provisions waived except in writing, signed by an authorized representative of seller. No course of dealing, usage, or trade, or course of performance shall constitute any of the terms and conditions hereof and shall not expand upon, alter, or vary the terms or conditions hereof.

2.) Seller shall not be held responsible in any way for delayed delivery, partial delivery, or non-delivery caused by any reason beyond Seller’s control, which reasons shall include but not be limited to strikes, embargos, disputes resulting in work stoppages, plant shutdown or slowdown, lockouts, war, civil disturbances, fire, flood, earthquakes, storms, acts of God, act or the public enemy, government regulations, inability to produce, abnormal conditions in the industry, inability to secure necessary labor, materials or supplies or items necessary to deliver this order, delays by carriers and lack of shipping facilities’.

3.) In addition to the net price, Purchaser shall pay to Seller the amount of any tax or other charge imposed by any Federal, State, Municipal or other governmental authority with respect to the manufacture, sale, delivery, and/or use of these goods.

4.) In the event any bill or invoice shall not be paid when due, all sums owing under this and other contracts between Purchaser and Seller shall, at the option of Seller, at once become due, irrespective of the terms of sale, and Seller may defer delivery under this and such other contracts until such sums be paid and for a reasonable time thereafter. If the total amount due or to become due under this and other contracts between Purchaser and Seller exceeds Purchaser’s credit limit, determined from payment for any future shipment in excess of such credit limit. Notwithstanding anything to the contrary, Seller reserves the right at any time to alter the credit terms of sale, to require payment in advance and to fix a limit of credit. Purchaser shall pay interest at the rate of 1 ½% per month on all overdue bills.

5.) No returns of the goods are permitted without the prior authorization of the Seller. An authorized RMA# is required. All cancellations by Purchaser must be notified to Seller within 7 working days from receipt of the ordered goods. All return or cancellation notices given are subject to a restocking fee of $395.00USD plus shipping costs to and from seller. No cancellation or returns are permitted after 30 days from receipt of the ordered goods. Canceling Purchaser is to be held financially responsible for the return freight to Seller’s warehouse. Purchaser must return the original goods intact with all components (CD stereo, Remote Control, Instructions, etc.) all components must be in like-new condition. All returns will only be granted to the actual purchaser whose name appears on the receipt. At his discretion, Seller may decline Purchaser’s return or charge Purchaser a fee for missing items or items that Seller determines are damaged or require service. All cash or check transactions will be refunded by check. Credit card transactions will be refunded to the credit card account used for the original transaction. Refunds may take four to six weeks for processing.

6.) Unless otherwise provided, the goods are sold F.O.B. the plant or warehouse where this order is processed. Where goods are sold other than F.O.B. destination, delivery to any carrier customarily used by the public for delivery, or to Purchaser or its agent shall constitute delivery to Purchaser. Seller may, at its option, make delivery at some point other than the plant or warehouse where this order is processed and add to the price a reasonable charge for transportation to such point of delivery. In such event the total transportation charges to be paid by Purchaser for delivery shall not exceed the published common carrier rate. From such plant or warehouse to such other point. Freight/delivery charge from Seller’s plant or warehouse to Purchaser is the sole responsibility of Purchaser and is not refundable. In the absence of shipping instructions, the mailing of the customary invoice constitutes delivery. Goods invoiced and held by Seller for whatever reason shall be held at Purchaser costs and expenses, including costs of warehousing and/or storage. A minimum of one-month storage shall be charged to Purchaser at the seller’s prevailing rate. Down payment, Deposit and lay-away are NON-REFUNDABLE. However, Seller will refund any deposit and subsequent payments, only when the goods that Purchaser ordered have for any reason become no longer available. Sales Order/agreement will terminate and deposit will be forfeited if payment of the total purchase price has not been made within 6 months from the date of Sales Order/Agreement.

7.) Any delivery not in dispute shall be paid for by Purchaser regardless of dispute as to any other delivered or undelivered goods under this or any other contract. Upon breach by Purchaser as to any installment, Seller, at its option, may treat such breach as severable or as a breach of the entire contract.

8.) Any checks or remittance received from or for the account of Purchaser may be accepted and applied by Seller against any indebtedness or obligation, regardless of any condition, proviso, statement, legend or notation appearing on, referring to or accompanying such check or remittance.

9.) In the event that suit is commenced or claim asserted regarding this contract or Seller’s performance pursuant thereto, then the prevailing party shall be entitled to recover its costs of suit, litigation expenses and attorney’s fees incurred therein.

10.) Any controversy or claim arising under or in relation to this order or contract, or any modification thereof, shall be settled by litigation to be held in accordance with the laws of the State of Minnesota, and Seller and Purchaser stipulate that the exclusive venue and jurisdiction thereof shall be in either the Superior or Municipal Court, as appropriate, of the County of Hennepin, State of Minnesota. Any process or notice of motion or any other application to the court or a Judge thereof may be served outside the State of Minnesota by registered or certified mail or by personal service.

11.) This agreement is complete and entire and there are no representations of any kind whatsoever, except as expressly appearing herein. Any prior, other or different documents concerning the transaction set forth herein shall be of no force and effect.

12.) If any provision of this contract is or becomes, at any time for any reason whatsoever, unenforceable or invalid, no other provision hereof shall be affected thereby.