Conditions of Online Sale

1. All goods remain the property of Gymquip Fitness until paid for in full

2. Warranty does not cover damage failure or malfunction resulting from accident, misuse or misapplication, improper or unauthorised repair, modification or use of unauthorised parts or accessories, or use of improper voltages.

3. All warranty claims are to be returned to Gymquip Fitness at the purchasers cost. If Gymquip Fitness is required to collect items for repair then charges will apply.

4. All items should be checked upon receipt for both obvious and suspected damage. You must report non receipt or damage to both the Carrier and Gymquip Fitness within seven days of the date of delivery or the claim will be rejected. We will process all approved claims and forward replacements as deemed necessary.

5. Risk is transferred to purchasor at time of delivery.

6. If purchaser due to absence or not being contactable has not met the delivery day or time then a re-delivery fee will apply.

7. Refunds are not given due to a change of mind or without original receipts.

8. Refunds are at the discretion of Gymquip Fitness and are bound by law

9. All warranties are for the term specified for the item purchased and where no period is specified then for a maximum period of twelve months.

10. Purchasers must produce a copy of the receipt documents produced during the online ordering procedures for all warranty claims.

Conditions of Online Hire

The following conditions shall apply to 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 Company”), and agree by the company 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 on the face of this document, received by the company from the hirer, the company agrees to hire the equipment to the hirer and the hirer agrees to take the equipment on hire from the company, subject to the conditions set out in this document.

2 The hirer shall pay all hiring charges, and deposits to the company 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 hirer’s premises or the hirer’s servant or agent and the company shall be entitled to receive the equipment in like condition as to the condition of the equipment at time of delivery into the possession of the hirer, his servant or agent, provided that the company 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 other person other than the hirer and other than an employee of the company who takes possession of the equipment for the purpose of delivery of the equipment into 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 company has received payment from the hirer, the hirer will have the option to re-hire the equipment at the same rate of hire, excluding special offers and subject to GST after June 2000 provided that the option must be exercised and further hire charges paid to the company before the expiry of the paid period of hire and provided further that any such further hire shall in all respects be subject to the conditions of the contract as expressed in this contract.

6 Exercise of the option expressed in the previous paragraph shall deemed to have been effected on payment being received by the company from the hirer.

7 The hirer hereby expressly warrants that he is aware that it shall at all times remain his responsibility to ensure that the return of the equipment to the company, in the event 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 that may apply) for any period or part thereof that the equipment shall not be re-delivered into the possession of the company, notwithstanding any apparent agreement by or on behalf of the company, any such agreement being hereby negated.

8 In the event of the option expressed in paragraph 5 above not being exercised, or in the event of the company determining this contract for any reason whatsoever, the company shall be entitled to retake possession of the equipment forthwith without further notice to the hirer and such right of retaking possession extends to and includes a right in the company or its servant or agent at any time of the day or night, without the hirer being entitled to right of action or form of compensation against the company. In the event of such entry, whether forcible or otherwise, by the company or its servant or agent, onto the premises for the purpose of exercising any right of the company pursuant in this agreement, resulting in any action, claim or demand including any legal costs incurred by the company in connection therewith, provided that the company 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 company 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 company by the hirer.

10 It is hereby agreed that the hirer will seek medical advise prior to the usage of the equipment, and that the hirer will not be entitled to a claim against the company for any injury resulting from not seeking such guidance prior to usage.

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 company for an injury resulting from not inspecting the equipment prior to usage.

12 The hirer warrants and undertakes that he will, in the event of moving to a new place of residence (or in the case of a company to a new place of business), notify the company prior to such change, whereupon the company 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 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 company, in writing prior to moving the said equipment.

14 This agreement to hire may be terminated by the company at any time by notice in writing posted to the address of the hirer shown on the face of this document, the company shall be entitled to retake possession of the equipment immediately upon delivery of such notice in writing in the event of such cancellation of this agreement of this agreement by the company 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 portion of hire.

15 In the event of the hirer being in default of any hire charges, any other charges or fees or any condition hereof, the company 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 cancellation by the company 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 company shall be entitled to retain out of any deposits paid by the hirer such amounts as the company may in its discretion decide shall be sufficient to compensate the company for any loss, damage or inconvenience occasioned to the equipment or the company pursuant to this agreement.

17 The minimum period of hire shall be one (1) month , unless otherwise agreed by the company.

18 In consideration of the terms of this agreement and taking to the hirer of the equipment an option is hereby granted by the company to the hirer to purchase the equipment for cash or on terms, for the prices indicated respectively on the face of this agreement, less 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 not greater than the payment made for the first hire period unless that is if the hire buy option has been exercised.

19. This contract is bound by law

Delivery Policy

20. Delivery fees are $18 for any deliveries in the ACT and $60 for deliveries Australia wide. We endeavour to deliver you item within 21 days and if it is likely to fall outside this timeframe we will contact you prior to completing the sale.

21. There is no delivery fee for hire units however a $16 collection fee is payable prior to the collection of your hire unit. It is the customers responsibility to arrange the collection of the hire unit if it is required to be finalised.

Consumer Data

22. We reserve the right to use the information gathered for future promotions. If you would not like this information to be available we will delete this information immediately on receipt of request. Credit Card information is not stored but in the case of hires. We record the information as a security on the hire unit.

Privacy Policy

23. Gymquip will not pass on any data collected to any third party or make available to any mailing lists, but in the case of any company connected with Terry Rankin Holdings P/L ABN 71 282 973 002