TERMS AND CONDITIONS

Interpretation: Company, we or us means Action Fitness Systems Limited. Customer, you or your means you the purchasing customer. Goods means the purchased item from the Company

By placing an order with us, whether by Internet, email, fax or any other written form, you agree consent and accept that such sale is subject to the terms and conditions as hereinafter supplied.

Please click on the headings below for further information.

All payments are due either by cash, bank deposit, or credit card and must be received prior to shipping of any Goods. No credit is provided unless by prior written arrangement with the Company.

Upon Payment being accepted, we shall immediately ship your Goods to the address advised. All shipping costs are for the cost of the Customer and will be advised by the Company.

Please note it is an agreed condition of the terms of sale that risk of loss damage or deterioration in the Goods is the responsibility of the Customer to check upon delivery of the Goods into the Customers care and control. The Customer must report any loss damage or deterioration in any delivered Goods to the Company within two working days of delivery in order to claim any refund or exchange of Goods.

No claim for any discrepancy in orders will be accepted unless it is made in writing to the Company within two working days of delivery. Dates given for shipment or delivery are stated in good faith but are not to be treated as a condition of sale.

If delivery is delayed for any reason whatsoever, the Company shall not be responsible or liable in any way to the Customer or any other party for loss sustained due to such delay. Late delivery or failure to deliver does not entitle the Customer to cancel any order or part thereof.

The warranty on any Goods means the warranty as advertised on our website which is either the original manufacturers warranty, or a warranty provided by the Company for a minimum period of twelve (12) months. Consumers who are not engaged in trade and business as defined under the Consumers Guarantee Act 1993 shall be entitled to the benefit of the protection under the Consumers Guarantee Act 1993. Any warranty shall be subject to the following:

(a) The Goods are used according to the design for use specifications provided by the original manufacturer or the Company

(b) The Goods have been sold by the Company and not by any third party to the Customer

(c) The Goods and parts have not been adjusted or altered or mixed with any other parts or goods not approved by the Company or have been interfered with in any way

(d) Where the parts or Goods have been repaired or replaced the warranty is only for the remaining period of the original warranty

(e) The receipt provided by the Company is returned together with the Claim Form
The Company will provide a Claim Form for the Customer upon request to claim against defects and faults in the Goods or parts or accessories supplied and against premature deterioration pursuant to the warranty provided.
The parties agree that no warranty shall apply to the Goods where:

(f) The Goods have not been paid in full and according to the terms of payment

(g) The Goods are outside of the warranty period

(h) The Goods have not been sold by the Company

The parties agree that the warranty will become void where:

(i) The defect or failure is due to or resulting from damage of misuse or use contrary to the printed instructions of the Company for Instructions Of Care while the possession of the Customer.

(j) The defect or failure is due to persons using the Goods without instruction.

(k) The defect or failure is due to the Goods not being used for the purpose for which they were specified.

(l) The defect or failure is caused by the Customer or a third party on behalf of the Customer attempting integration or interfacing of the Goods with other goods.

(m) The Customer or any third party altering the Goods in any way different to the condition in which they were supplied or installed.

(n) The defect or failure is due to environmental conditions of the Customers site causing deterioration.

(o) The defect or failure is due to the Customer or persons not approved by the Company repairing the Goods.

In order to maintain the warranty on the Goods the Customer is recommended to follow Instructions of Care. Common issues voiding warranties relating to misuse are :
› Only use the correct Operating Manuals Attempting to use or repair without proper knowledge – Operate within

› The rated capacity using the Goods in excess of their rated capacity for correct use

› Ensure correct voltage Connection to incorrect or irregular voltage

› Ensure regular maintenance according to the manual Irregular maintenance especially for lubrication

› Keep a log of maintenance during the warranty period Irregular maintenance e.g. treadmills not connected to dedicated circuits

› Do not expose to excessive impact not realising that the Goods contain sensitive parts

› Do not place heavy loads on the Goods Placing loads in excessive of the rated capacity for loads

› Do not expose to excessive movement or continual relocation not realising that the Goods contain sensitive parts

› Do not expose to excessive vibration or heat not realising that the parts are sensitive to vibration and excessive heat

› Do not expose the goods to water or excessive moisture Excessive moisture damages sensitive parts and may discolour the exterior

› Do not operate in a reversing fashion Reverse operation by manual intervention

› Do not operate when a defect or fault occurs Continuing to operate the Goods knowing a defect or fault has occurred

5.1 Notwithstanding any period of credit, legal and beneficial ownership of any and all Goods shall remain with the Vendor until payment in full is made for them and for all other Goods supplied by the Company to the Customer.

5.2 Notwithstanding that ownership in the Goods may not have passed to the Customer, risk in the Goods shall pass to the Customer when the Goods are delivered to the Customer. The Customer shall be obliged to insure the Goods from the time of delivery to the Customer and pending payment in full insure the Goods in the name of the Company and the Customer for their respective interests. The Customer shall provide the Company with proof of insurance if requested to do so by the Company.

5.3 The Customer holds the Goods as bailee for the Company until payment for the Goods is made in full. The Customer will store the Goods in such a manner that they are clearly identifiable as the property of the Company and will keep separate records in respect of the Goods.

5.4 If the Goods are sold or otherwise disposed of by the Customer prior to payment in full, the Customer will have been deemed to have done so as agent for the Company and the proceeds of such sale will be the property of the Company. The Customer will hold the proceeds of such sale on trust, on account for the Company, and keep them in a separate fund from its own money.

5.5 If any of the Goods are mixed or incorporated in other Goods (the Mixed Goods) before payment, the property in the mixed goods shall be and remain with the Company until such payment has been made in full. The Customer shall hold the Mixed Goods as bailee for the Company and will store the Mixed Goods in a manner that they are clearly identifiable as the property of the Company and will keep separate records in respect of the same. If the Customer sells the Mixed Goods it will:

› hold the proceeds of sale on trust for the Company; and

› account to the Company for the value of the Goods; and

› keep the proceeds in a fund separate from its own money and will keep separate records in respect of such money.

Where the Company has reasonable cause to believe:

› The Customer has not strictly complied with these terms and conditions and, in particular, is in default of payment in accordance with clauses 1 and 6; or

› The Customer has or will commit an act of bankruptcy or (being a company) has had a receiver appointed or about to be appointed, or is declared insolvent;

Despite section 109 of the Personal Property Securities Act 1999, and in addition to the rights contained in that section, the Company may recover any or all of the Goods or the Mixed Goods and resell them and for such purpose may at any time of the day or night enter by force if necessary upon any premises where such Goods or Mixed Goods are reasonably thought to be stored (and the Customer grants the Company an irrevocable right and authority to so recover, re-enter and resell) PROVIDED THAT the Company may only recover and resell for its own account sufficient of the Good and/or Mixed Goods to satisfy all unpaid liability in respect of the Goods and the costs of resale. If the Company recovers any excess, it shall not be liable in damages but shall account for the excess to the Customer. The Company and its employees or agents shall not be liable for any loss or damage whatsoever incurred as a result of seizure, repossession or removal of goods from any premises pursuant to this clause.

5.7 The Customer shall not charge the goods in any way nor give any interest in the goods while they remain the property of the Company.

5.8 In exercising its rights pursuant to this clause, the Company shall be entitled to deduct from any sale of Goods or Mixed Goods recovered from the Customer all the liabilities and expenses (including legal expenses) incurred by the Company in enforcing or attempting to enforce its rights pursuant to his clause 7.

5.9 The Customer shall immediately inform the Company of any event or events likely to be adverse to the Company’s proprietary rights in respect of the goods or any of them.

6.1 The Customer grants to the Company a security interest in all present and after acquired Goods and their proceeds.

6.2 On the request of the Company the Customer shall promptly execute any documents and do anything else required by the Company to ensure that the security interest created under this Agreement constitutes a first ranking perfected security interest over the Goods and their proceeds including providing any information the Company reasonably requires to complete a financing statement or a financing change statement. The Customer waives any right to receive a copy of a verification statement under the Personal Property Securities Act 1999.

6.3 The Customer irrevocably appoints the Company and any Receiver appointed by the Company severally, to be the Customers attorney to do and sign anything the Customer has agreed to do; or that is considered by the Company or the Attorney to be necessary, desirable or expedient, in the Customers or his, her or its discretion for the purpose of giving complete effect to this agreement and the exercise and enforcement of any Rights, including the exercise or enforcement of any Rights in relation to the Goods to our exclusion. Each Attorney may delegate his, her or its powers (including this power of delegation) to any person and may revoke any delegation he, she or it has made. The Customer will not challenge the validity of, and will agree to ratify anything done by an Attorney in accordance with this clause.

6.4 The Customer will pay to the Company all costs, expenses and other charges incurred, expended or payable by the Company in relation to the filing of a financing statement or a financing change statement in connection with these terms and conditions. .

6.5 The Company and the Customer agree that nothing in sections 114(1)(a), 117(1)(c), 133 and 134 of the Personal Property Securities Act 1999 shall apply to these terms and conditions.

6.6 The Company and the Customer also agree that the rights of the Customer as debtor in sections 116, 119, 120(2), 121, 125, 126, 127, 129, 131 and 132 of the Personal Property Securities Act 1999 shall not apply to these terms and conditions.

6.7 The Customer shall:

(a) indemnify the Company for any costs incurred by the Company in registering, maintaining, enforcing and or attempting to enforce the security interest created by this agreement; and

(b) immediately upon request by the Company procure from any person or organisation considered by the Company to be relevant to its security interest, such agreements and waivers as the Company may require; and

(c) immediately notify the Company of any change in the Customers name.

The Customer acknowledges that they have received a copy of these terms and conditions and by placing an order or purchase agree they are bound by these terms and conditions.

These terms and conditions are governed by the law of New Zealand. Should any part of these terms and conditions be held to be ineffective, invalid, or illegal or otherwise, then such condition, or part of it, shall be severed from all other conditions without affecting the validity or enforceability of all other conditions or part of them.