TERMS AND CONDITIONS
ELITE FITNESS EQUIPMENT
1.1 In these terms and conditions the ®Company® means Elite Fitness Equipment Limited. ®Goods® means Goods supplied or to be supplied by the Company to the Customer from time to time on these terms of trade.
1.2 Any Goods supplied by the Company to the Customer will be supplied on these terms and conditions.
1.3 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.
1.4 In the event of any breach of this contract by the Company the remedies of the Customer shall be limited to damages. Under no circumstances shall the liability of the Company exceed the price of the Goods.
2.1 The Customer must pay for the Goods in full prior to removing the Goods from the store and prior to delivery of the goods by the Company, if delivery is requested by the Customer. If the payment tendered is subsequently reversed or cleared funds are not received by the Company for any reason whatsoever, then the Customer shall be in default and the Customer shall at the Company®s discretion (and without affecting any other right the Company may have), pay default interest on any amount outstanding to the Company at the rate of 5% above the current base overdraft rate that would be paid by the Company from time to time to its own bankers.
2.2 Default interest will accrue on a daily basis from the date payment is due until the date of actual payment and the Customer shall be liable to pay all expenses and costs (including legal costs as between solicitor and client) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay any amount owing.
2.3 All payments shall be payable upon demand. The charging of default interest shall in no way imply the granting or an extension of credit by the Company to the Customer.
3.1 If requested by the Customer, the Company agrees to arrange to deliver the Goods at the cost of the Customer. Payment for delivery must be made prior to delivery occurring.
3.2 Delivery will be deemed to have been made when Goods arrive at the delivery point agreed with the Customer. If the Customer or its authorized agent is not present at the delivery point when Goods are delivered, delivery will be deemed to have been effected in any event.
3.3 The Company will endeavour to have Goods delivered on the agreed delivery dates but will not be held liable for late delivery. Late delivery does not entitle the Customer to cancel any order.
3.4 The Customer acknowledges that the Company may use an independent carrier for delivery of any items. If the Customer is not at the agreed delivery point, the carrier may leave the Goods at the delivery point at the Customer®s risk.
3.5 If the Customer fails or refuses to take delivery of any Goods at an agreed delivery time, the Company may (without limiting any other right the Company may have) charge the Customer for expenses incurred including (without limitation) waiting time, storage and transportation charges.
3.6 The Company will endeavour to meet its delivery dates but accepts no liability for any delivery dates for any direct or consequential loss arising from late delivery for any reason. The Customer is not entitled to cancel the order by reason of late delivery.
3.7 The Customer indemnifies the Company from any liability for damage caused by the Company to any property during delivery of the Goods to the location requested by the Customer.
4.1 All risk in the Goods supplied by the Company shall pass to the Customer upon the goods leaving the premises of the Company. The Customer acknowledges that any damage caused to the Goods during delivery is between the Customer and the carrier delivering the Goods.
5. Retention of Title
5.1 It is the intention of the Company and agreed by the Customer that property in the Goods shall not pass until the Customer has paid all amounts owing for the particular Goods. The Goods shall be kept separate until the Company shall have received payment and all other obligations of the Customer are met.
5.2 In the event of possession of the Goods being given and the subsequent default in payment or the Customers insolvency, the Customer shall upon request yield up possession of the Goods and the Company is authorized by the Customer to enter into any premises on which the Goods may be located for the purposes of recovering any such Goods, without being responsible for any damage thereby caused.
5.3 The Company can issue proceedings to recover the price of Goods sold notwithstanding that ownership of the Goods may not have passed to the Buyer.
6. Conditions of Sale
6.1 Equipment sold for domestic use only. All statutory warranties and remedies are excluded to the maximum extent legally permitted where Goods are acquired for business purposes.
7. Refund Conditions
7.1 We will gladly exchange or issue a note of credit for any items returned in the original package, undamaged and accompanied by the original sales docket. For cash refunds, a cheque will be posted to you within 7 working days.
7.2 Any items purchased that are faulty will be made good by repair or exchanged. If the Goods are faulty, subject to clause 9.1, we will meet our obligations under the Consumers Guarantees Act to provide a remedy.
8.1 If at any time the Company does not enforce any of these terms and conditions or grants the Customer time or other indulgence, the Company shall not be construed as having waived that term or condition or its rights to later enforce that or any other term or condition.
9. Consumer Guarantees Act 1993
9.1 This agreement is subject, in all cases except where the Customer is contracting within the terms of a trade/business (which cases are specifically excluded), to the provisions of the Consumer Guarantees Act 1993.
10. Privacy Act
10.1 The Customer and the Guarantor/s (if separate from the Customer) authorizes the Company to collect, retain and use any information about the Customer, for the purposes of marketing and Goods and Services provided by the Seller to any other party.
10.2 The Customer authorizes the Company to disclose any information obtained to any person for the purposes set out in clause 10.1.
Where the Customer is a natural person the authorities under clause 10.1 & 10.2 are authorities or consents for the purposes of the Privacy Act 1993.