Exercise Equipment, Fitness Hire, Treadmill Specials, Commercial Fitness Equipment

Exercise Equipment Terms & Conditions of Sale

Advanced Fitness Australia Pty. Ltd. (A.B.N. 94 103 555 415)

1. Definitions
1.1 “Seller” shall mean Advanced Fitness Australia Pty Ltd and its successors and assigns.
1.2 “Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer.
1.3 “Guarantor” means the person (or persons) or entity who agrees herein to be liable for the debts of the Buyer
as a limited liability buyer on a principal debtor basis.
1.4 “Goods” shall mean goods supplied by the Seller to the Buyer (and where the context so permits shall include
any supply of services as hereinafter defined).
1.5 “Services” shall mean all services supplied by the Seller to the Buyer and includes any advice or
recommendations (and where the context so permits shall include any supply of services as defined supra).
1.6 “Price” shall mean the cost of the goods as agreed between the Seller and the Buyer subject to clause 4 of this
contract.
2. Acceptance
2.1 Any instructions received by the Seller from the Buyer for the supply of goods and/or the Buyer’s acceptance
of services and/or goods supplied by the Seller shall constitute acceptance of the terms and conditions
contained herein.
2.2 Where more than one (1) Buyer has entered into this agreement the Buyers shall be jointly and severally liable
for all payments of the price.
2.3 Upon acceptance of these terms and conditions by the Buyer the terms and conditions are irrevocable and can
only be rescinded in accordance with these terms and conditions or with the written consent of the Manager of
the Seller.
2.4 None of the Seller’s agents or representatives are authorised to make any representations, statements,
conditions or agreements not expressed by the Manager of the Seller in writing nor is the Seller bound by any
such unauthorised statements.
3. Goods
3.1 The goods shall be as described on the invoices, quotation, work authorisation, sales order or any other work
commencement forms as provided by the Seller to the Buyer.
4. Price and Payment
4.1 At the Seller’s sole discretion:
(a) The price shall be the Seller’s current price at the date of delivery of the goods according to the Seller’s
current price list; or
(b) The price shall be as indicated on invoices provided by the Seller to the Buyer in respect of goods
supplied; or
(c) The price of the goods shall subject to clause 4.2 be the Seller’s quoted price which shall be binding upon
the Seller provided that the Buyer shall accept in writing the Seller’s quotation within thirty (30) days.
4.2 Any variation from the plan of scheduled works or specifications will be charged for on the basis of the
Seller’s quotation and will be shown as extras on the invoice. Payment for all extras must be made in full at
their time of completion.
4.3 At the Sellers sole discretion a deposit may be required. The deposit amount or percentage of the price will be
stipulated at the time of the order of the goods/services and shall become immediately due and payable.
4.4 Time for payment for the goods/services shall be of the essence and will be stated on the invoice, quotation or
any other order forms. If no time is stated then payment shall be on delivery of the goods/service.
4.5 At the Seller’s sole discretion payment may be due at the date of this agreement.
4.6 The Seller may withhold delivery of the goods until the Buyer has paid for them in which event payment shall
be made before the delivery date.
4.7 At the Seller’s sole discretion payment for approved Buyers shall be made by instalments in accordance with
the Sellers delivery/payment schedule.
4.8 At the Sellers sole discretion for certain approved Buyers payment will be due seven (7) days following the
date of the invoice.
4.9 At the Seller’s sole discretion for certain approved Buyers payment will be due thirty (30) days following the
date of the invoice.
4.10 Payment will be made by cash on delivery or by bank cheque or by E.F.T or by any other method as agreed to
between the Buyer and the Seller.
4.11 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable to
the extent that such taxes are expressly included in any quotation given by the Seller.
5. Delivery of Goods / Service
5.1 Delivery of the goods shall be made to the Buyer’s address. The Buyer shall make all arrangements necessary
to take delivery of the goods whenever they are tendered for delivery or delivery of the goods shall be made to
the Buyer at the Sellers address.
5.2 Delivery of the goods to a carrier either named by the Buyer or failing such naming to a carrier at the
discretion of the Seller for the purpose of transmission to the Buyer, is deemed to be a delivery of the goods to
the Buyer.
5.3 The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be
reimbursed by the Buyer (without any set-off or other withholding whatsoever) and shall be due on the date for
payment of the price. The carrier shall be deemed to be the Buyer’s agent.
5.4 Where there is no agreement that the Seller shall send the goods to the Buyer delivery to a carrier at limited
carrier’s risk at the expense of the Buyer is deemed to be delivery to the Buyer.
5.5 The Seller may deliver the goods by separate instalments (in accordance with the agreed delivery schedule).
Each separate instalment shall be invoiced and paid for in accordance with the provisions in this contract of
sale.
5.6 Delivery of the goods to a third party nominated by the Buyer is deemed to be delivery to the Buyer for the
purposes of this agreement.
5.7 The failure of the Seller to deliver shall not entitle either party to treat this contract as repudiated.
5.8 The Seller shall not be liable for any loss or damage whatsoever due to failure by the Seller to deliver the
goods (or any of them) promptly or at all.
6. Risk
6.1 If the Seller retains property in the goods nonetheless all risk for the goods passes to the Buyer on delivery.
6.2 If any of the goods are damaged or destroyed prior to title in them passing to the Buyer, the Seller is entitled
without prejudice to any of its other rights or remedies under these terms and conditions of trade (including the
right to receive payment of the balance of the price for the goods) to receive all insurance proceeds payable for
the goods. This applies whether or not the price has become payable under the contract. The production of
these terms and conditions by the Seller is sufficient evidence of the Seller’s rights to receive the insurance
proceeds without the need for any person dealing with the Seller to make further enquiries.
7. Buyers Disclaimer
7.1 The Buyer hereby disclaims any right to rescind or cancel the contract or to sue for damages or to claim
restitution arising out of any misrepresentation made to him/her by any servant or agent of the Seller and the
Buyer acknowledges that he/she buys the goods relying solely upon his/her own skill and judgement and that
the Seller shall not be bound by nor responsible for any term, condition, representation or warranty other than
the warranty given by the manufacturer which warranty shall be personal to the Buyer and shall not be
transferable to any subsequent Buyer
8. Defects/Return of Goods
8.1 The Buyer shall inspect the goods on delivery and shall within seven (7) days of delivery notify the Seller in
writing of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote.
The Buyer shall fail to comply with these provisions if the goods shall be conclusively presumed to be in
accordance with the terms and conditions and free from any defect or damage.
8.2.1 For defective goods which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s
liability is limited to either (at the Seller’s discretion) replacing the goods or repairing the goods provided that:
(a) the Buyer has complied with the provisions of clause 8.1:
(b) the goods are returned at the Buyers cost within seven (7) days of the delivery date
(c) the Seller will not be liable for goods which have not been stored or used in a proper manner.
(d) The goods are returned in “as new” condition as is reasonably possible in the circumstances.
8.3 The Seller may (in its discretion) accept the goods for credit provided that;
(a) the Buyer has been authorised in writing by the Seller;
(b) the goods returned for credit are current model products and in resalable condition;
(c) the goods are returned at the Buyers cost with proof of purchase;
(d) the goods have not been made to special order or Buyer specification.
9. Warranty
9.1 The conditions applicable to the warranty given on goods/services supplied by the Seller are contained on the
documentation that will be supplied with the goods/services.
9.2 For goods not manufactured by the Seller the warranty shall be the current warranty provided by the
manufacture of the goods. The Seller shall be under no liability whatsoever except for the express conditions
as detailed and stipulated in the manufacturers warranty.
10. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
10.1 Nothing in this agreement is intended to have the affect of contracting out of any applicable provisions of the
Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of
Australia except to the extent permitted by those Acts where applicable.
11. Intellectual Property
11.1 Where the Seller has designed or drawn goods for the Buyer, then the copyrights in those designs and
drawings shall remain vested in the Seller, and shall only be used by the Buyer at the Seller’s discretion.
11.2 Where any designs or specifications have been supplied by the Buyer for manufacture by or to the order of the
Seller then the Buyer warrants that the use of those designs or specifications for the manufacture, processing,
assembly or supply of the goods shall not infringe the rights of any third party. The Buyer herby indemnifies
the Seller in respect of the use of such drawings including the copyright, design right or other intellectual
property in them. The Buyer warrants that all designs or instructions to the Seller will not cause the Seller to
infringe any patent, registered design or trademark in the execution of the Buyers order.
12. Default & Consequences of Default
12.1 Interest on overdue invoices shall accrue from the date when payment becomes due daily until the date of
payment at a rate of 2% per calendar month and shall accrue at such a rate after as well as before any
judgement.
12.2 If the Buyer defaults in payment of any invoice when due the Buyer shall indemnify the Seller from and
against all the Seller’s costs and disbursements including on a Solicitor and own client basis and in addition all
of the Seller’s nominees costs of collection.
12.3 Without prejudice to any other remedies the Seller may have if at any time the Buyer is in breach of any
obligation (including those relating to payment) the Seller may suspend or terminate the supply of goods to the
Buyer and any of its other obligations under the terms and conditions. The Seller will not be liable to the Buyer
for any loss or damage the Buyer suffers because the Seller exercised its rights under this clause.
12.4 If any account remains unpaid at the end of the second month after supply of the goods or services the
following shall apply. An immediate amount of the greater of $20.00 or 10% of the amount overdue shall be
levied for administration fees which sum shall become immediately due and payable.
12.5 In the event that;
(a) any money payable to the Seller becomes overdue or in the Seller’s opinion the Buyer will be unable to
meet its payments as they fall due; or
(b) the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an
arrangement with creditors or makes an assignment for the benefit of it creditors; or
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the
Buyer or any asset of the Buyer;
then without prejudice to the Seller’s other remedies at law
(i) the Seller shall be entitled to cancel all or any part of any order of the Buyer which
remains unperformed in addition to and without prejudice to any other remedies; and
(ii) all amounts owing to the Seller shall whether or not due for payment immediately become payable.
13 Title
13.1 It is the intention of the Seller and agreed by the Buyer that property in the goods shall not pass until
(a) The Buyer has paid all amounts owing for the particular goods; and
(b) The Buyer has met all other obligations due by the Buyer to the Seller in respect of all contracts between
the Seller and the Buyer and that the goods or proceeds of the sale of the goods shall be kept separate
until the Seller shall have received payment and all other obligations of the Buyer are met.
13.2 It is further agreed that:
(a) The Buyer shall not deal with the money of the Seller in any way which may be adverse to the Seller.
(b) Until such time as ownership of the goods shall pass from the Seller to the Buyer the Seller may give
notice in writing to the Buyer to return the goods or any of them to the Seller. Upon such notice the rights
of the Buyer to obtain ownership or any other interest in the goods shall cease.
(c) If the Buyer fails to return the goods to the Seller then the Seller or the Seller’s agent may enter upon and
into land and premises owned, occupied or used by the Buyer, or any premises as the invitee of the
Buyer, where the goods are situated and take possession of the goods, without being responsible for any
damage thereby caused.
(d) Receipt by the Seller of any form of payment other than cash shall not be deemed to be payment until that
form of payment has been honoured, cleared or recognised and until then the Seller’s ownership or rights
in respect of the goods shall continue.
(e) The Buyer shall not charge the goods in any way nor grant nor otherwise give any interest in the goods
while they remain the property of the Seller.
(f) The Seller may require payment of the price or the balance of the price due together with any other
amounts due from the Buyer to the Seller arising out of these terms and condition, and the Seller may take
any lawful steps to require payment of the amount due and the price.
(g) The Seller can issue proceedings to recover the price of the goods sold notwithstanding that ownership of
the goods may not have passed to the Buyer.
(h) Until such time the Buyer has the Seller’s authority to convert the goods into other products and if the
goods are so converted, the parties agree that the Seller will be the owner of the end products.
14. Security And Charges
14.1 Notwithstanding anything to the contrary contained herein or any other rights which the Seller may have
whatsoever:
(a) Where the Buyer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of
being charged both the Buyer and/or the Guarantor agree to mortgage and/or charge all of their joint
and/or several interest in the said land, realty or any other asset to the Seller or the Seller’s nominee to
secure all amounts and other monetary obligations payable under the terms and conditions. The Buyer
and/or the Guarantor acknowledge and agree that the Seller (or the Seller’s nominee) shall be entitled to
lodge where appropriate a caveat, which caveat shall be released once all payments and other monetary
obligations payable hereunder have been met.
(b) Should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the
Buyer and/or Guarantor shall indemnify the Seller from and against all the Seller’s costs and
disbursements including legal costs on a solicitor and own Buyer basis.
(c) To give effect to the provisions of clause 14.1 (a) and (b) inclusive hereof the Buyer and/or the Guarantor
(if any) do hereby irrevocably nominate constitute and appoint the Seller or the Seller’s nominee as the
Buyer’s and/or Guarantor’s true and lawful attorney to execute mortgages and charges (whether
registerable or not) including such other terms and conditions as the Seller and/or the Seller’s nominee
shall think fit in his/her/its/their absolute discretion against the joint and/or several interest of the Buyer
and/or the Guarantor in any land, realty or asset in favour of the Seller and in the Buyer’s and/or
Guarantor’s name as may be necessary to secure the said Buyer’s and/or Guarantor’s obligations and
indebtedness to the Seller and further to do and perform all necessary and other acts including instituting
any necessary legal proceedings and further to execute all or any documents in the Seller’s absolute
discretion which may be necessary or advantageous to give effect to the provisions of this clause
15. Cancellation
15.1 The Seller may cancel these terms and conditions or cancel delivery of goods at any before the goods are
delivered by giving written notice. The Seller shall not be liable for any loss or damage whatever arising from
such cancellation.
15.2 At the Sellers sole discretion the Buyer may cancel delivery of goods and/or services. In the event that the
Buyer cancels delivery of goods and/or services the Buyer shall be liable for any costs incurred by the Seller
up to the time of cancellation.
16. Privacy Act 1988
16.1 The Buyer and/or the Guarantor/s agree for the Seller to obtain from a credit-reporting agency a credit report
containing personal credit information about the Buyer and Guarantor/s in relation to credit provided by the
Seller.
16.2 The Buyer and/or the Guarantor/s agree that the Seller may exchange information about Buyer and Guarantor/s
with those credit providers named in the Application for Credit account or named in a consumer credit report
issued by a reporting agency for the following purposes:
(a) To assess an application by Buyer;
(b) To notify other credit providers of a default by the Buyer;
(c) To exchange information with other credit providers as to the status of this credit account
where the Buyer is in default with other credit providers; and
(d) To assess the credit worthiness of the Buyer and/or Guarantor/s.
16.3 The Buyer consents to the Seller being given a consumer credit report to collect overdue payment on
commercial credit (Section 18K(1)(h) Privacy Act 1988).
16.4 The Buyer agrees that personal data provided may be used and retained by the Seller for the following
purposes and for other purposes as shall be agreed between the Buyer and Seller or required by law from time
to time.
(a) provision of services & goods;
(b) marketing of services and or goods by the Seller, its agents or distributors in relation to the services and
goods;
(c) analysing, verifying and/or checking the Buyer’s credit, payment and/or status in relation
to the provision of services/goods;
(d) processing of any payment instructions, direct debit facilities and/or credit facilities
requested by Buyer; and
(e) enabling the daily operation of the Buyer’s account and/or the collection of amounts
outstanding in the Buyer’s account in relation to the services and goods.
16.5 The Seller may give information about the Buyer to a credit reporting agency for the following purpose;
(a) to obtain a consumer credit report about the Buyer, and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information
about the Buyer.
17. Unpaid Sellers Rights to Dispose of Goods
17.1 In the event that:
(a) the Seller retains possession or control of the goods; and
(b) payment of the price is due to the Seller; and
(c) the Seller has made demand in writing of the Buyer for payment of the price in terms of this contract; and
(d) the Seller has not received the price of the goods.
Then, whether the property in the goods has passed to the Buyer or has remained with the Seller, the Seller
may dispose of the goods and may claim from the Buyer the loss to the Seller on such disposal.
18. Lien & Stoppage in Transit
18.1 Where the Seller has not received or been tendered the whole of the price, or the payment has been
dishonoured, the Seller shall have;
(a) a lien on the goods;
(b) the right to retain them for the price while the Seller is in possession of them;
(c) a right of stopping the goods in transit whether or not delivery has been made or
ownership has passed; and
(d) a right of resale,
(e) the foregoing right of disposal,
provided that the lien of the Seller shall continue despite the commencement of proceedings or judgement for
the price having been obtained.
19. General
19.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity
existence, legality and enforceability of the remaining provisions shall not be
affected, prejudiced or impaired.
19.2 All service/goods supplied by the Seller are subject to the laws of Victoria and the Seller takes
no responsibility for changes in the law which affect the service/goods supplied.
19.3 The Seller shall be under no liability whatever to the Buyer for any indirect loss and/or
expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of
these terms and conditions.
19.4 In the event of any breach of this contract by the Seller the remedies of the Buyer shall be
limited to damages. Under no circumstances shall the liability of the Seller exceed the price of
the goods.
19.5 The Buyer shall not set off against the price amounts due from the Seller.
19.6 The Seller may license or sub-contract all or any part of its rights and obligations without the Buyer’s consent.
19.7 The Seller reserves the right to review these terms and conditions at any time and from time to time. If,
following any such review there is to be any change in such terms and conditions that change will take effect
from the date on which the Seller notifies the Buyer of such change.
19.8 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial
action, fire, flood, drought, storm or other event beyond the reasonable control of either party.
Terms & Conditions of Order
Advanced Fitness Australia Pty. Ltd. (A.B.N. 94 103 555 415)
Advanced Fitness Australia Pty Ltd recognises no terms for purchase orders it places on its suppliers than
those stated heron. Under no circumstances will further contracts be signed or other arrangements agreed to. This order
is placed on conditions that the following requirements are met.
1. Goods may not be accepted if not accompanied by an invoice or detailed delivery docket bearing this order
number.
2. Invoices must be delivered with goods or forwarded by first mail thereafter.
3. Each invoice must refer to one order/number only and separate invoices are required for each order.
4. Prices shown are F.I.S.
5. Settlement Terms: Thirty (30) days unless otherwise stated.
6. Delivery: The right to cancel all or any part of this order if goods are not despatched within the bounds of any
special conditions appearing on face thereof.
7. The quality of goods must be as ordered. Substitutions or over supply will not be accepted unless agreed to before
delivery.
8. All receipts for delivery of goods are given “subject to check” for quantity and condition on unpacking. Olympic
Fitness Equipment Australia Pty Ltd reserves the right to return at Supplier’s expense, goods which do not comply
with the above conditions.
Warranty
The purchase order is placed on condition that if the Supplier accepts it (which he shall be deemed to do upon delivery
of goods purported in accordance with it) the Supplier warrants that all goods supplied in response to this order comply
in all respects at the time of delivery with all statutes, rules and regulations, whether Federal or State, currently in force
in Victoria which apply to such goods.
This warranty overrides any stipulation to the contrary on any statement, invoice, delivery note or other document
issued by the Supplier in connection with this order.
In the event of a breach of this warranty then;
1. At any time after delivery, Advanced Fitness Australia Pty Ltd may reject the goods supplied, withhold or
recover (as the case may be) the purchase price and charge the Supplier for the costs of handling, checking, storing and
returning the goods and
2. If the goods have been accepted then Advanced Fitness Australia Pty Ltd shall be entitled to recover from
the Supplier damages in respect of loss of trade or injury to goodwill or other damage, loss or expense suffered or
incurred by Advanced Fitness Australia Pty Ltd as a result or consequence of or arising in the ordinary course
of events from the Supplier’s breach of warranty.

 

Conditions of Hire

The following conditions shall apply to the hiring of the equipment more particularly described on the face of this document (hereinafter called the “equipment”), owned by the supplier named on the face of this document (hereinafter called “the business”) and agreed by the business to be hired to the Hirer named on the face of this document  (hereinafter called “the hirer”), that is to say;

  1. In consideration of the hire charge, more particularly set out the face of this document, received by the business from the hirer, the business agrees to hire the equipment to the hirer and the hirer agrees to take the equipment on hire from the business, subject to the conditions set out in this document.
  2. The hirer shall pay all hiring charges, delivery fees and deposits to the business before being entitled to delivery of the equipment.
  3. The equipment shall be at the risk of the hirer from the time of delivery into the possession of the hirer or the hirer’s servant or agent and the hirer shall be entitled to receive the equipment in like condition as to the condition of the equipment at the time of delivery into the possession of the hirer, his servant or agent, provided that the business shall not be entitled to make any claim against the hirer in respect of fair wear and tear.
  4. It is hereby agreed that any person other than the hirer and other than an employee of the business who takes possession of the equipment for the purpose of delivery of the equipment into the possession of the hirer shall be deemed to be the servant or agent of the hirer.
  5. At the end of any period of hire in respect of which the business has received payment from the hirer, the hirer will have the option to re-hire the equipment at the same rate of hire, provided that option must be exercised and further hire charges paid to the business before the expiry of the paid period of hire and provided that any such further hire shall in all respects be subject to the conditions of the contract as expressed in this document.
  6. Exercise of the option expressed in the previous paragraph shall be deemed to have effected on payment being received by the business from the hirer.
  7. The hirer hereby expressly warrants that he/she is aware that it shall at all times remain his/her responsibility to ensure that the return of the equipment to the business, in the event that the hirer does not wish to exercise the option expressed in paragraph 5 above and that the hirer shall be responsible for further hire payments at the agreed rate of hire (as well as any other charges which may be applicable) for any period of part thereof that the equipment shall not be re-delivered into the possession of the business, notwithstanding any apparent agreement entered into by or on behalf of the business, any such agreement being herein expressly negated.
  8. In the event of the option expressed in paragraph 5 above not being properly exercised, or in the event of the business determining this contract for any reason whatsoever, the business shall be entitled to retake possession of the equipment forthwith without notice to the hirer and such right of retaking of possession extends to and includes a right In the business or its servant or agent to enter upon any premises by means of forcible entry if necessary, such necessity being at the sole discretion of the business or its servant or agent at any time of the day or night, without the hirer being entitled to any right of action or form of compensation against the business.  In the event of such entry, whether forcible or otherwise, by the business or its servant or agent onto the premises for the purpose Third Party against the business, its servants or agents, the business shall be indemnified and is hereby indemnified by the hirer against any such action, claim or demand including any legal costs incurred by the business in connection therewith, provided that the business shall not be required to consult with the hirer or obtain the hirer’s consent to any step in connection with the defence of any such action, claim or demand or any counter-claim of the business in connection therewith.
  9. Interest at the rate of five (5%) percent per month or part thereof shall accrue on any monies due to the business of the hirer.
  10. It is hereby agreed that the hirer will seek medical advice prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the business for an injury resulting from not seeking such guidance prior to usage. The Hirer further acknowledges that while the functions and attributes of the equipment may be explained by the business to the hirer that in no way has the business its employees or agents recommend the suitability of this equipment for the hirer and that this advice needs to be acquired from a medical practitioner and the Hirer agrees to make no claims against the business resulting from the use of the equipment.
  11. It is hereby agreed that the hirer will ensure the equipment is in correct working order prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the business for an injury resulting from not inspectingthe equipment prior to use.
  12. The hirer warrants and undertakes that he/she will, in the event of moving to a new place of residence (or in the case of a business, to a new place of business), notify the business prior to such change, whereupon the business shall have the option to forthwith rescind this agreement and be entitled to immediate re-delivery of possession of the equipment.
  13. The hirer hereby warrants and undertakes that he/she will not move the equipment from the address of the hirer shown on the face of this document for a period in excess of seventy two (72) hours without having first obtained the consent of the business, in writing, prior to moving the said equipment.
  14. This agreement to hire may be terminated by the business at any time by notice in writing posted to the address of the hirer shown on the face of this document.  The business shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of cancellation of this agreement by the business pursuant to this paragraph, the company undertakes to refund, on a pro rata basis, such proportion of the periodic hire rate as shall apply to the unused period of hire.
  15. In the event of the hirer being in default of payment of any hire charges, any other charges of fees or any condition hereof, the business shall be entitled to forthwith rescind this agreement without notice to the hirer and shall then be immediately entitled to retake possession of the equipment in the event of the cancellation by the business of this agreement pursuant to this paragraph, the hirer shall forfeit to the company any hire charges with respect to any unused period of hire.
  16. The business shall be entitled to retain out any deposit paid by the hirer such amounts as the business may, in its discretion, decide shall be sufficient to compensate the business for any loss, damage, or inconvenience occasioned to the equipment or the business pursuant to this agreement.
  17. The minimum period of hire shall be one (1) month, unless otherwise agreed by the business.
  18. In consideration of the terms of this agreement and the taking to the hirer of the equipment an option is hereby granted by the business to the hirer to        purchase the equipment for cash or on terms, for the prices indicated respectively on the face of this agreement, loss such hire charges as shall have been paid at the time of the exercise of the said option, subject to the reduction in price being greater than the payment for the first hire period.
  19. It is hereby agreed by the Hirer that if the business agrees to deliver the equipment to the Hirer at an agreed address that the delivery will be deemed to be completed when the equipment arrives at the external entrance to their delivery address. The business, its employees or agents may agree where practical and reasonable to assist to locate the equipment within the delivery address, however the hirer agrees to indemnify the business, its employees or agents from any claim of damages or injury that occurs to the premises, the Hirer or any other person involved in or incidental to the handling of the equipment or its subsequent use within the Hirer’s premises or any other location.

 

Return of Goods

Goods that are faulty can be exchanged with Advanced Fitness Australia within 14- days. If goods are faulty, we will pay the return freight cost and the replacement freight cost. If you have made an error, freight charges both directions are your responsibility. Please note that Advanced Fitness Australia accepts no responsibility for loss or damage occurring in transit. In all cases you must contact us prior to returning any goods to receive a return authorisation number (job number), which must be noted on all paperwork. Goods are required to be returned in their original packaging or suitably packaged to prevent transportation damage.

 

Warranty

All products are warranted for 12- months (unless otherwise stipulated in writing), with the following exceptions. Multi - Gyms, Pin Weight Loaded: Frames are warranted to the original purchaser for a lifetime.

  • This warranty does not cover,
  • Normal wear and tear,
  • Any damage, failure or loss caused by accident, misuse, neglect, abuse, failure to follow servicing, maintenance instructions or warnings in the owner's manual.
  • Consumable items such as fuses.
  • Transportation or shipment to or from an authorised Advanced Fitness Australia dealer.

Advanced Fitness Australia shall in no event be liable for incidental or consequential damages, loss or expenses in connection with its fitness products. Advanced Fitness Australia's liability hereunder is expressly limited to the repair or at Advanced Fitness Australia's election, replacement of goods.

Unless otherwise specified, the benefits conferred by warranties set out herein are additional to all other conditions, warranties, guarantees, rights and remedies expressed or implied by the Trade Practices Act.