TERMS AND CONDITIONS OF SALE
Ruby Distributors Pty Ltd T/A Flex Fitness Equipment
(a) “Credit Note” means a credit, payment or otherwise made by the Seller to the Purchaser in relation to a previous sale of Goods. (b) “Goods” means the merchandise recognized.
(c) “Purchase Price” means the value as indicated on the face of the Seller’s invoice.
(d) “Purchaser” means the entity purchasing the Goods upon these terms and conditions as described in any Quotation or order type.
(e) “Quotation” means the Seller’s quotation to the Purchaser whether in writing or verbally.
(f) “Seller” means Flex Fitness Equipment, Flex Equipment or Flex Fitness or Flex
(g) Ruby Distributors Pty Ltd T/A Flex Fitness Equipment hereafter known as Flex Fitness Equipment or Flex Equipment or Flex Fitness or Flex and shall be used interchangably
Acceptance
2. This citation is legitimate and open for acceptance for one calendar month from the date of issue, or any extension agreed in writing by us. The citation will
lapse either on the finish of that point, or upon revocation previous to acceptance if written acceptance just isn’t received by us within such time. Acceptance should be
accompanied by enough info to allow us to proceed with manufacture and supply immediately. Unless in any other case agreed in writing, acceptance of our quotation, tender or record worth contains acceptance of these terms and conditions.
BindingTermsandConditions
three. The only phrases which are binding upon the Seller are:
(a) those set out in these terms and circumstances or in any other case agreed to in writing by the Seller; and
(b) these, if any, which are imposed by legislation and which can’t be excluded.
ContractandCancellation
four. If:
(a) the Purchaser accepts the Seller’s Quotation (where the Quotation is in writing, by executing it); or
(b) the Seller accepts the Purchaser’s Order, a contract is created between the parties whereby the Seller sells to the Purchaser the Goods on these terms and
conditions.
5. After creation of the contract the order for the Goods can solely be cancelled by the Purchaser if the Seller consents to the cancellation and the Purchaser
reimburses the Seller for all prices associated with the work undertaken in relation to the contract and in addition pays the Seller an amount equal to the profits
which the Seller would have achieved had the contract been completed. The Seller’s calculation of such quantities shall be binding on the Purchaser.
6. If the Seller, at any time together with after creation of the contract, considers the credit of the Purchaser unsatisfactory the Seller could:
(a) require safety for cost of the Purchase Price.
(b) Withhold delivery till such safety is obtained, and/or
(c) cancel the contract.
7. These situations (which shall only be waived in writing signed by the Seller) shall prevail over all conditions of the Purchaser’s order to the extent of any inconsistency.
SupplyandDelivery
eight. The supply time made identified to the Purchaser is an estimate only and the Seller shall not be answerable for late supply or non-delivery together with any loss, harm or delay occasioned to the Purchaser or its prospects arising from late or non-delivery.
9. The items shall be deemed to have been absolutely accepted by the purchaser on the date when delivery has been made ex-works or to an address in accordance with purchaser’s delivery directions, except we obtain written notification of defects with enough and legitimate reasons inside 7 days of the delivery date. For the purposes of this clause no account shall be taken of additions, minor omissions or defects which do not materially affect the industrial use of goods.
10. The Seller just isn’t liable for any loss or injury to the Goods in transit. The Seller shall render to the Purchaser such assistance as may be necessary to
make claims on carriers provided the Purchaser notified the Seller and the carriers in writing instantly, such loss or injury is found.
11. At our possibility, we could provide surplus materials as a precaution towards injury or loss. On completion of the contract any surplus supplies will stay the
property of Flex Fitness Equipment and will be promptly removed from website.
12. The provision of labour and an acceptable forklift for the unloading of our supplies and dealing with on to the erection web site and/or covered storage space is the accountability of the purchaser, except in any other case agreed in writing. Any charges arising from delays in unloading, for which we are not responsible,might be to the purchaser’s account.
13. Where our supplies are stored on web site for any purpose no matter between the time of supply and the beginning of set up, the care and protection of such supplies is the sole responsibility of the purchaser. Where the storage is at a location distant from the set up website, switch of our supplies to web site is the accountability of the purchaser. Charges arising out of delays to installation due to materials not being on web site shall be to the purchaser’s account.
Packing
14. If the Purchaser requires particular packing in relation to the Goods it have to be agreed to in writing between the Purchaser and the Seller, and the worth of the
identical is to the Purchaser’s account and accordingly shall be included in the Purchase Price. If the Seller fails to include the value of special packing in the Purchase
Price the Purchaser must pay to the Seller such prices on demand.
Installation
15. Where set up is included in the contract the availability of a transparent working web site and sufficient access would be the duty of the purchaser. It is our regular follow to inform delivery in advance so as to facilitate the clearance of our working area. We reserve the right to make an inspection of the working area, and to delay transferring on to website at no penalty to the Seller if inadequate access or facilities exist
sixteen. Installation work would require a reasonable commonplace of lighting and access to energy provide within 30 metres of the work space. In the case of buildings which
require web site welding a 3 section provide with sole access and adequately maintained voltage can also be the duty of the purchaser. We will be happy to
talk about any difficulties in the provision of these necessities and make alternative provisions if necessary, however unless in any other case agreed in writing, any further prices might be to the purchaser’s account.
17. It is normal process to bolt racking constructions to the floor, and until otherwise, our quotation makes allowance for this. However, if the ground slab is strengthened with grid steel mesh or similar materials to a degree less than 70 mm beneath the floor, particular drilling equipment might be required and any extra prices incurred shall be to the purchaser’s account.
18. Unless said in writing our quotation assumes a reasonable situation of flatness of floor. Flatness tolerances ought to be inside + three mm inside a three metre radius. Additional prices incurred in compensating for a defective or uneven floor might be to the purchaser’s account.
Subcontracts
19. We reserve the right to assign or subcontract out the whole or any a part of this contract at our discretion.
Completion
20. Any occasions quoted for our completion or delivery are effective from the date of receipt by us of a written order to proceed, together with all data and particulars we require to proceed with the manufacture without
interruption or delay. All such instances are to be handled as estimates solely and we shall not be liable for failure to dispatch, set up, or in any other case perform inside
such occasions except otherwise agreed in writing. In all cases, times for
our efficiency shall be prolonged by cheap durations for delays caused by the purchaser, or by some other trigger in any way past our affordable control.
PriceandPayment
21. The Purchaser shall pay the Seller instantly. If the Purchaser fails to make a payment by the due date, the
Seller might, with out notice, withhold delivery of any further Goods to the Purchaser and may terminate, without legal responsibility to the Purchaser, any or all subsisting contracts between the Seller and the Purchaser.
22. If payment is not made on the due date, the Seller might charge interest on the quantity payable at the rate of 5% over the ninety day bank bill fee applicable on the day the cost is due.
23. The Purchase Price is not inclusive of products and companies tax, until otherwise laid out in writing. Goods and services tax is extra to the Purchase Price
and must be paid by the Purchaser.
24. The Purchaser acknowledges that the price stated in or through the time of Quotation is an estimate primarily based on charges of freight, insurance, customs responsibility,
exchange charges, costs of materials bought from overseas, delivery bills, wage and material costs and different components on the time the Quotation was
prepared. It the Seller considers that it wants to regulate the quoted price in mild of circumstances which it considers have affected the cost of the Goods, the
Seller may regulate the quoted value and such adjustment might be binding on the Purchaser.
CreditNotes
25. If the Seller points a Credit Note to the Purchaser (whether on request by the Purchaser, by its personal volition or otherwise), the Purchaser agrees that the problem
of the Credit Note is an act of economic good faith by the Seller and never an admission of liability to the Purchaser in relation to any of the matters pertaining to
the difficulty of the Credit Note.
Errors
26. If the Seller considers the Quotation contains an error, such a miscalculation of the Purchase Price, the Seller may at any time, together with after delivery of the
Goods, cancel this contract with out legal responsibility to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods obtainable for collection by the Seller when required by the Seller.
27. If the Seller considers that the Purchase Price has been miscalculated and elects not the cancel the contract, the Purchaser will pay to the Seller, on demand, the difference between the Purchase Price and the value that would have been the Purchase Price if the error had not been made.
Seller’srightsinrelationtotheGoods
28. The Seller reserves the next rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are totally paid: (a) legal ownership of the Goods;
(b) to enter the Purchaser’s premises (or the premises of any related Company or agent where the Goods are located) with out legal responsibility for trespass or any ensuing injury and to take possession of the Goods; and
(c) to maintain or resell any Goods repossessed pursuant to (b) above.
29. If the Goods are re-sold, or merchandise manufactured utilizing the Goods are bought by the Purchaser, the Purchaser shall maintain such a part of the proceeds of any such sale as represents the invoice price of the Goods sold or used in the manufacture of the Goods bought in a separate identifiable account because the helpful property of the Seller and shall pay such amount to the Seller upon request. Notwithstanding this clause and clause 28 the Seller shall be entitled to hold up an action towards the Purchaser for the Purchase Price and the danger of the Goods shall cross to the Purchaser on supply.
30. The Seller’s property within the Goods just isn’t affected by the fact that the Goods turn out to be fixtures hooked up to the premises of the Purchaser or a third party, and
if the Seller enters those premises for the purpose of reclaiming possession of the products, and incurs any legal responsibility to any person in reference to the entry, the
Purchaser indemnifies the Seller against that liability.
Guarantee
31. Our legal responsibility in respect of any defect in, or failure of the goods supplied, or for any loss, injury or harm attributable to such defect or failure, is limited to creating good the defect or failure at our personal cost. Our assure period is 12 months from the date of acceptance of the products, and is just valid for defects or failure underneath correct use and which arise solely from faulty design, materials or workmanship. In the case of goods not of our manufacture, the purchaser is entitled solely to such advantages as we could obtain under any assure given to us in respect such goods. Without limiting the generality of the forgoing, we shall be beneath no liability in any respect for any consequential loss or injury suffered by the purchaser.
ClaimsbythePurchaser
32. Except as provided in clause 35, all specific and implied warranties, ensures and situations under statute or common law as to:
(a) merchantability, description, quality, suitability or fitness of the Goods for any function; or
(b) design, assembly, installation, materials or workmanship; or
(c) recommendation, suggestions, data or services provided by the Seller, its employees, servants or agents to the Purchaser relating to the Goods, their use
and utility, are expressly excluded.
33. The Seller shall not be liable to the Purchaser for physical or financial harm, loss or injury or consequential loss or harm of any type arising out of or in relation to the Goods together with loss or damage arising as a end result of:
(a) the Seller’s or the Seller’s agents or employee’s negligence;
(b) the provision, format, meeting, set up, or operation of the Goods; or
(c) the recommendation, suggestions, data or services supplied by the Seller or the Seller’s agents or employees.
or in any method whatsoever.
34. If the Goods are defective, the Seller shall make good the defect by doing any one of many following at its possibility:
(a) repairing the Goods; or
(b) replacing the Goods; or
(c) taking the products again and crediting the Purchaser with the Purchase Price if it has been Paid. The Seller does not need to do any of these things till all the
following circumstances have been met:
(a) the Purchaser has given the Seller written notice that the Goods are defective within 90 days after the Goods had been delivered to the Purchaser; and
(b) the Goods are in the same situation that they were in once they had been delivered to the Purchaser (this implies that if the Goods had been processed into different
goods or had been maltreated, interfered with or destroyed or broken, the Seller just isn’t obliged to do something underneath this clause); and
(c) if the Seller desires the defective Goods to be returned to it, the Purchaser immediately returns them; and
(d) if the Seller does not want the defective Goods to be returned to it, the Purchaser instantly makes the products out there for inspection by the Seller or by someone on its behalf.
35. If the Seller is answerable for a breach of a condition or guarantee implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such
legal responsibility is hereby limited to:
(a) the replacement of the Goods or supply of equivalent Goods, or
(b) the restore of the Goods;
(c) the cost of the cost of changing the Goods or acquiring equal Goods; (d) the payment of the price of having the Goods repaired.
(e) the re-assembly or re-installation of the Goods; or
(f) the re-supply of the recommendation or services supplied by the Seller or the Seller’s brokers or workers in reference to the Goods.
36. The Purchaser must not return any Goods which the Purchaser claims are not in accordance with the contact or Quotation unless the Seller has first given its
(written) approval to their return. Their return should then be with freight and cartage pre-paid by the Purchaser.
Copyright
37. All descriptions, illustrations, particulars of weights and dimensions contained in our catalogues, price lists and different advertising matter, are intended merely to give a sign of the goods described therein and none of those shall kind part of the contract unless particularly agreed in writing. All drawings and specifications prepared by us shall stay our property and all copyright therein shall belong completely to us.
Imprints
38. Where our patents, registered designs or copyright options are embodied within the design of the products, an imprint to that effect may be affixed and it should not
be defaced obliterated or removed from the products. Unless in any other case agreed we shall be entitled to write down or affix our name or trade plate on the products.
Patents,Designs
39. If the Seller has adopted a design or instructions given by the Purchaser, the Purchaser shall indemnify the Seller towards all damages, penalties, prices and expenses of the Seller arising from any infringement of a patent, trademark, registered design, copyright or frequent legislation proper. The Purchaser on its half warrants that any design or instruction given by it won’t cause the Seller to infringe any patent, registered design, trademark, copyright or widespread regulation right.
ForceMajeure
forty. Contracts and deliveries may be suspended in the occasion of any strike, lock out, trade dispute, fireplace, tempest, breakdown, accident, riot, theft, crime, civil disturbance, struggle, or other pressure majeure, or different incidence or cause beyond our control preventing or delaying the execution or efficiency of any contract,
and no duty shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.
ExclusionofConditions
41. No conditions, phrases, covenants, warranties and ensures in any respect on our half whether expressed or implied shall type part of this contract except expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and except expressly agreed by us in writing no provision for liquidated damages shall kind part of the contract.
AustralianLaw
42. This contract is governed by Australian Law and all litigation in relation There to shall be introduced within the Court of acceptable jurisdiction in Australia.
PermitsandApprovals
43. Unless specified elsewhere it is the purchaser’s duty to acquire any permits and approvals. Where any costs are incurred to obtain such approvals these might be to the purchaser’s account.
Statutes
forty four. We shall be relieved of our liability or responsibility of efficiency of this contract wherever and to the extent to which fulfilment of the same is prevented,
annoyed or hindered as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there underneath.
PersonalPropertySecuritiesAct2009(“PPSA”)
45.
45.1 In this clause financing assertion, financing change statement, security settlement, and safety interest has the meaning given to it by the PPSA.
forty five.2 Upon assenting to these phrases and conditions in writing the Customer acknowledges and agrees that these phrases and situations constitute a security
agreement for the needs of the PPSA and creates a safety curiosity in all Goods which have previously been equipped and that will be equipped sooner or later by
FLEX FITNESS EQUIPMENT to the Customer.
forty five.three The Customer undertakes to:
(a) promptly signal any further paperwork and/or present any additional info (such information to be full, correct and up-to-date in all respects)
which FLEX FITNESS EQUIPMENT could fairly require to;
(i) register a financing assertion or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii) right a defect in an announcement referred to in clause 45.3(a)(i) or forty five.3(a)(ii);
(b) indemnify, and upon demand reimburse, FLEX FITNESS EQUIPMENT for all bills incurred in registering a financing assertion or financing change statement
on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c) not register a financing change statement in respect of a safety interest without the prior written consent of FLEX FITNESS EQUIPMENT ;
(d) not register, or permit to be registered, a financing assertion or a financing change statement in relation to the Goods in favour of a 3rd get together without the
prior written consent of FLEX FITNESS EQUIPMENT ;
(e) immediately advise FLEX FITNESS EQUIPMENT of any material change in its business practices of selling the Goods which might result in a change in the nature
of proceeds derived from such sales.
forty five.four FLEX FITNESS EQUIPMENT and the Customer agree that sections ninety six, 115 and 125 of the PPSA do not apply to the security agreement created by these phrases
and situations.
45.5 The Customer waives their rights to obtain notices beneath sections ninety five, 118, 121(4), one hundred thirty, 132(3)(d) and 132(4) of the PPSA.
forty five.6 The Customer waives their rights as a grantor and/or a debtor beneath sections 142 and 143 of the PPSA.
forty five.7 Unless in any other case agreed to in writing by FLEX FITNESS EQUIPMENT , the Customer waives their right to receive a verification statement in accordance with
section 157 of the PPSA.
45.eight The Customer should unconditionally ratify any actions taken by FLEX FITNESS EQUIPMENT underneath clauses 45.three to forty five.5.
forty five.9 Subject to any categorical provisions on the contrary nothing in these terms and situations is meant to have the impact of contracting out of any of the provisions of the PPSA.
Warranty
THE FLEX EQUIPMENT WARRANTY POLICY
In this warranty policy, any reference to Flex Fitness Equipment, Flex Equipment or Ruby Distributors Pty Ltd means one and the same company. For your peace of mind, Flex Fitness Equipment products are backed by a warranty. We inventory spare parts for most of our merchandise and may organize them instantly from the producer with a short lead time.
WARRANTY REGISTRATION
Warranty is only valid solely with a completed warranty kind is completed online at /warrantyregistration
The guarantee type have to be accomplished inside 14 days from the date of purchase. Please embrace the product serial number (where applicable) and details of buy. Proof of purchase from Flex Fitness Equipment might be required when raising a guaranty claim.
WARRANTY CLAIM
To lodge a warranty declare please contact flex fitness equipment during business hours at enterprise hours 2/9 Energy St, Malaga / In Person – by telephone or the warranty period. Associated costs of transport on a warranty claim are to be borne by the shoppers.
THE RARE LEMON POLICY
Our merchandise are warranted towards defects in materials and workmanship for a particular interval from the date of buy, and this era varies by product. During the guarantee interval, Flex Fitness Equipment will repair/replace or refund the product with a similar or equal product within 7 business days. Please ensure you keep a copy of your tax bill. Refunds will solely be given the place there is no alternative product obtainable.
For equipment under guarantee, the proprietor is liable for transport to Flex Fitness Equipment and all related customs, taxes, tariffs, insurance coverage, and so forth.
MAINTENANCE
Caution – for safe operation
Always examine equipment previous to operation. Look for free bolts and frayed cables. Repair or exchange any damaged or worn parts and tighten all loosed hardware. As part of Flex Fitness Equipments normal installation and setup course of, all bolts have to be tightened and checked after the primary 1-2 hours of preliminary utilization and then periodically, un-tightened bolts and nuts might turn out to be loose, inflicting damage, which can void guarantee and be harmful to the user. After utilizing the equipment, all the time clean and wipe down the equipment. Perspiration that constantly settles on the frame and pads might cause rust or damage to the unit. Damage ensuing from lack of proper maintenance won’t be lined beneath guarantee. All merchandise bought by Flex Fitness Equipment have to be maintained as per specs within the upkeep / operations guide equipped by the manufacturer or as above. Failure to take care of and service equipment will end result in the warranty being void.
WARRANTY – WHAT IS COVERED
1. Warranty is return to base. The product must be returned to our warehouse in Malaga. All transport prices to the warehouse and again to the shopper might be covered by the customer. Labour warranty is normal 12 months for many merchandise unless specified.
2. Onsite service is just out there in chosen areas and will incur a callout charge of $100/hr. Refunds will not be provided except the place Flex Fitness Equipment has didn’t treatment the defect through restore or substitute.
3. A Tax bill as proof of purchase is required for all warranty claims.
4. Warranty only applies to the first proprietor. The guarantee cannot be transferred to a second proprietor
5. This warranty extends to shopper use only and is void when the product is used for business, institutional, or rent use, besides when the product is bought for commercial use and a industrial warranty is issued. Service conditions apply to product offered to industrial and institutional facilities
6. Equipment must be used and stored indoors in a dry and dust free environment and warranty might be void if used/stored outdoor, in a garage, shed, under a patio or any outside surroundings.
7. The equipment must be serviced frequently no much less than once yearly or as per the manufacturers specification for the warranty to be legitimate.
WARRANTY – ITEMS NOT COVERED :
1. Damage occurred in transport, abuse, neglect, misapplication (e.g. a home product utilized in a commercial environment) or improper assembly of the product.
2. Cosmetic gadgets including but not limited to plastics, grips, seats, paintwork. The warranty doesn’t cowl calls to appropriate set up of the equipment or to instruct owners of the way to use the equipment.
3. Normal wear and tear. All warranty might be void if the product is used for functions other than those intended. Where there is proof that such activities have contributed to component failure will end result within the warranty being voided. The Warranty doesn’t cover pickup, delivery, or freight charges linked or referring to repairs.
four. The Buyer shall examine and verify the goods on supply and shall within three (3) days of supply notify Flex Fitness Equipment in writing of any alleged defect, shortage in amount, or damage upon checking the goods. No change of thoughts shall be accepted.
LIMITATIONS OF WARRANTY
The warranty doesn’t apply to any a half of a product that has been put in, altered, repaired, or misused in any method that, within the opinion of Flex Fitness Equipment, would affect the reliability or detracts from the efficiency of any a half of the product, or is damaged as the result of use in a means or with equipment that had not been beforehand accredited by Flex Fitness Equipment.
The warranty does not apply to any product or parts thereof the place the serial number or the serial number of any of its parts has been altered, defaced, or removed.
The warranty does not cover damage or loss incurred in transportation of the product.
The warranty does not cover alternative or repair necessitated by loss or injury from any cause past the control of Flex Fitness Equipment, similar to lightning or different natural and climate related occasions or wartime environments.
The guarantee doesn’t cowl any labour involved within the elimination and or reinstallation of warranted equipment or elements on site, or any labour required to diagnose the need for repair or alternative.
The guarantee excludes any duty by Flex Fitness Equipment for incidental or consequential damages arising from the utilization of the equipment or merchandise, or for any lack of ability to make use of them both separate from or in combination with any other equipment or products.
WEIGHT LOADINGS
Weight ratings are meant to be used as a information solely. You should make sure you take a look at the equipment for yourself and gauge what weight rating you’re snug with. Weight loadings should not be exceeded. All fitness equipment is sold on a ‘as is’ foundation and the specifications are only those equipped by the producer. Flex Fitness Equipment does not manufacture any equipment and doesn’t accept any legal responsibility for weight loadings.
EXCLUSIVE REMEDIES
Flex Fitness Equipment’s warranty, as stated is in lieu of all other warranties, expressed, implied, or statutory, including these of merchantability and fitness for a selected purpose. The purchaser shall move on to any purchaser, lessee, or different user of Flex Fitness Equipment’s products, the aforementioned guarantee, and shall indemnify and maintain innocent Flex Fitness Equipment from any claims or liability of such purchaser, lessee, or person based mostly upon allegations that the buyer, its agents, or employees have made further warranties or representations as to product choice or use. The treatments offered herein are the buyer’s sole and unique treatments. Flex Fitness Equipment shall not be responsible for any direct, indirect, special, incidental, or consequential damages, whether or not based mostly on contract, tort, or another authorized concept.
Flex Fitness Equipment supplies its goods and companies to you subject to the following circumstances. If you go to or shop with Flex Fitness Equipment whether or not instore or online, you accept these circumstances. Please read them fastidiously.
The following terminology applies to those Terms and Conditions (“Terms”), Privacy Statement, Warranty notice and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the particular person accessing this web site and accepting the Company’s terms and situations. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company Ruby Distributors Pty Ltd. “Party”, “Parties”, or “Us”, refers to each the Client and ourselves, or both the Client or ourselves. All terms discuss with the supply, acceptance and consideration of fee essential to undertake the method of our help to the Client in probably the most appropriate manner, whether or not by formal conferences of a set duration, or any other means, for the express purpose of meeting the Client’s wants in respect of provision of the Company’s said products, in accordance with and topic to, prevailing Australian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and subsequently as referring to identical
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USES OF THIS WEB SITE
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Unauthorized use of this Web website and or any Ruby Distributors Pty Ltd methods, together with, however not restricted to, unauthorized entry into Ruby Distributors Pty Ltd techniques, misuse of passwords or misuse of another information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any Ruby Distributors Pty Ltd Website or service or intervene with any other party’s use and enjoyment of any Ruby Distributors Pty Ltd Website or service. You may not try to gain unauthorized access to any Ruby Distributors Pty Ltd Website or service, pc methods or networks related to any Ruby Distributors Pty Ltd Website or service, by way of hacking, password mining or another means. You agree that you’ll not have interaction in any activities associated to this Web web site that are opposite to relevant legal guidelines or laws.
Ruby Distributors Pty Ltd reserves the proper, in its sole discretion, without any obligation and with none discover requirement, to vary, enhance or right the information, materials and descriptions on this Web website and to suspend and/or deny access to this Web site for scheduled or unscheduled upkeep, upgrades, enhancements or corrections. The info and materials on this Web website may include typographical errors or inaccuracies. Any dated data is published as of its date only, and Ruby Distributors Pty Ltd doesn’t undertake any obligation or responsibility to update or amend any such info. Ruby Distributors Pty Ltd may discontinue or change any services or products described in or provided on this Web web site at any time.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The info, products and services on this Web web site are provided on an “AS IS,” and “AS AVAILABLE” foundation. Ruby Distributors Pty Ltd does not warrant the data or companies supplied herein or your use of this Web website generally, both expressly or impliedly, for any particular function and expressly disclaims any implied warranties, including but not restricted to, warranties of title, non-infringement, merchantability or fitness for a particular function. Ruby Distributors Pty Ltd will not be answerable for any loss or harm that could result from interception by third parties of any information or companies made out there to you by way of this Web website. Although the information supplied to you on this Web web site is obtained or compiled from sources we believe to be dependable, Ruby Distributors Pty Ltd can not and doesn’t guarantee the accuracy, validity, timeliness or completeness of any info or data made available to you for any explicit objective. Neither Ruby Distributors Pty Ltd, nor any of its associates, administrators, officers or workers, nor any third get together vendor, will be liable or have any responsibility of any type for any loss or injury that you incur within the occasion of any failure or interruption of this Web site, or ensuing from the act or omission of another party concerned in making this Web web site, the information contained herein or the products or services provided on this Web website out there to you, or from some other trigger relating to your access to, incapability to access, or use of the Web web site or these materials, whether or not the circumstances giving rise to such trigger could have been inside the control of Ruby Distributors Pty Ltd or of any vendor offering software or providers. In no occasion will Ruby Distributors Pty Ltd or any such parties be liable to you, whether or not in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, solicitor fees, or any other damages of any kind even when Ruby Distributors Pty Ltd or some other such get together has been advised of the chance thereof. This limitation on legal responsibility consists of, however just isn’t restricted to, the transmission of any viruses which may infect a consumer’s equipment, failure of mechanical or digital equipment or communication lines, telephone or other interconnect issues (e.g., you can’t access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any drive majeure. Ruby Distributors Pty Ltd can’t and doesn’t guarantee steady, uninterrupted or secure access to the Web web site.
COPYRIGHT
All content material included on this website, such as textual content, graphics, logos, button icons, images, audio clips, digital downloads, information compilations, and software program, is the property of Ruby Distributors Pty Ltd or its content material suppliers and protected by Australia and international copyright laws. The compilation of all content material on this website is the unique property of Ruby Distributors Pty Ltd and guarded by Australia and international copyright legal guidelines. All software program used on this web site is the property of Ruby Distributors Pty Ltd or its software program suppliers and guarded by Australia and international copyright laws.
TRADEMARKS
Ruby Distributors Pty Ltd, [INCLUDE NAMES OF EQUIPMENTS OR MANUFACTURERS0, the Universal brand and other emblems and repair marks referenced herein are both registered logos and repair marks or emblems and repair marks of Ruby Distributors Pty Ltd in Australia or other countries. The names of other companies and marks used on third-party products or services talked about herein could additionally be registered emblems and repair marks or trademarks and service marks of their respective corporations and/or homeowners. You are prohibited from utilizing any marks for any objective including, but not restricted to use as meta tags on different pages or Website on the World Wide Web with out the written permission of Ruby Distributors Pty Ltd or such third party, which can own the marks. If you copy or obtain any information or software program from this Web site, you agree that you’ll not take away or obscure any copyright or other notices or legends contained in any such information.
LINKS
This Web website contains hyperlinks to third get together Web Website. These links are provided only as a comfort. The inclusion of any hyperlink isn’t and does not suggest an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Ruby Distributors Pty Ltd of any information contained in any third party Web website. In no occasion shall Ruby Distributors Pty Ltd be liable for the information contained on that website or your use of or lack of ability to use such site. You also needs to remember that the terms and situations of such web site and the positioning’s privateness policy may be different from these applicable to your use of this Web site.
COOKIES
We obtain and retailer sure kinds of info everytime you work together with us. For instance, like many Web Website, we use “cookies” and “clear gifs” to acquire certain forms of info when your Web browser accesses considered one of our Website, or if you end up offered the opportunity to complete surveys or open or reply to any newsletter or different e-mail you might have requested.
Briefly, “cookies” are small files that we transfer to your computer’s hard drive or your Web browser reminiscence to allow our techniques to recognize your browser and to offer convenience and different options to you, such as recognizing you as an present buyer or previous Site customer. “Clear gifs” are tiny graphics with a unique identifier, comparable in function to cookies, and may be used to track the web movements of Web customers or to let us know if you have opened an e-mail that we despatched you.
Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to attach your laptop to the Internet; computer and connection info similar to browser kind and model, operating system, and platform; your behaviour on our Web web site and associated companies, together with the merchandise you view or looked for, in addition to the URL you come from and go to subsequent (whether this URL is on our web site or not). The cookies and clear gifs that we use don’t include and are not tied to personally identifiable information about you.
You are at all times free to say no our cookies if your browser permits, although in that case you might not be able to participate in our surveys or incentives, buy products, or reap the advantages of sure helpful Site options.
RISK OF LOSS
All items bought from Ruby Distributors Pty Ltd are made pursuant to a cargo contract. This means that the risk of loss and title for such items move to you upon our delivery to the provider.
PRODUCT DESCRIPTIONS
Ruby Distributors Pty Ltd and its associates try and be as accurate as attainable. However, Ruby Distributors Pty Ltd doesn’t warrant that product descriptions or other content of this website is correct, full, reliable, present, or error-free. If a product provided by Ruby Distributors Pty Ltd itself is not as described, your sole treatment is to return it in unused situation.
PRICING
Except the place famous in any other case, the Price displayed for merchandise on our website represents the complete retail worth listed on the product itself, advised by the manufacturer or provider, or estimated in accordance with normal trade follow. The Price is a comparative worth estimate and will or may not characterize the prevailing price in every area on any explicit day. Despite our best efforts, a small number of the gadgets in our catalogue could also be mispriced. If we discover a mispricing, we are going to do one of the following:
If an merchandise’s correct value is lower than our acknowledged worth, we’ll cost the lower quantity and ship you the merchandise.
If an item’s correct value is larger than our acknowledged price, we will, at our discretion, both contact you for directions before delivery or cancel your order and notify you of such cancellation.
TERMS OF PAYMENT
You might buy certain products or services on the Site. In ordering product via the Site or in any other case, you agree to offer solely true, accurate, current and complete data. You hereby certify that any email account you provide to Ruby Distributors Pty Ltd is registered to you. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable laws, and no further writing is required. Ruby Distributors Pty Ltd shall have the best to bar your access to and use of the Site if it has reasonable grounds to imagine that you have provided false, inaccurate, not current, or incomplete information.
INTERNATIONAL USE
The Site is managed and operated by Ruby Distributors Pty Ltd from its headquarters in 2/9 Energy Street, Malaga WA 6090, Australia. If you access this Site from a location outdoors Australia, you do so by yourself initiative and are liable for compliance with all applicable laws of your jurisdiction. Ruby Distributors Pty Ltd makes no representation that supplies on this website are applicable or available to be used in locations outdoors australia, and accessing them from territories where their contents are illegal is prohibited. Those who select to access this website from other areas do so on their very own initiative and are responsible for compliance with local legal guidelines.
Limitation Of Liability
ruby distributors pty ltd shall don’t have any legal responsibility for any loss or injury in any way, together with however not restricted to incidental, punitive, consequential, solicitor charges, or indirect damages (including with out limitation damages for loss of earnings, enterprise interruption, lack of data and the like) arising out of this privacy policy or your use of, or lack of ability to use or access the positioning or any content supplied on the location or downloaded from the site, or any delay in use or access to the positioning or content offered on the site or any claim arising from or referring to errors, omissions or inaccuracies within the content material provided on the location or statements or conduct of any third party on the site, to the extent permitted by applicable regulation, even if ruby distributors pty ltd has been suggested of the potential for such damages.
the limitation of legal responsibility set forth above shall apply to each type of action, whether or not in contract, warranty, strict legal responsibility, negligence or other tort, and shall survive any breach of the terms or any settlement, or the failure of the important objective of the terms or an agreement or any unique remedy.
in no event shall ruby distributors pty ltd legal responsibility exceed the amount paid by shopper.
JURISDICTION
These Terms, as well as the Privacy Policy for this Site, and any dispute which will come up between you and Ruby Distributors Pty Ltd, shall be ruled by and construed in accordance with the laws of Western Australia without regard to battle of legal guidelines principles. You consent to the unique jurisdiction and venue in the courts of Western Australia for any all disputes arising out of or relating to the Warranty or any other Policy, Terms and Conditions and/or the Site.
Unless otherwise specified herein, these Terms and the Site’s Privacy Policy represent written agreements between you and Ruby Distributors Pty Ltd with respect to this web site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Ruby Distributors Pty Ltd with respect to this website.
If any a part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a fashion consistent with applicable legislation to mirror, as nearly as attainable, the unique intentions of the events, and the remaining portions shall stay in full force and effect.
If you choose to go to Ruby Distributors Pty Ltd Website, your go to and any dispute over privacy is topic to these Terms and our Privacy Policy, together with limitations on damages, arbitration of disputes, and software of the legislation of Western Australia. If you might have any concern about privacy at Ruby Distributors Pty Ltd, please contact us with a thorough description, and we’ll try to resolve it.
Ruby Distributors Pty Ltd.
2/9 Energy Street
Malaga
WA Communication
We will goal to ensure ongoing communication once your order is positioned and despatch your order asap.
Deliveries are carried out by contracted couriers who solely work M-F 9am-5pm. For residential deliveries you have to be current to accept deliveries between 9am and 4pm. The courier might use their discretion and depart the product at your door.
Re-Deliveries will cost $50 per delivery. For cumbersome deliveries, our staff or couriers could attempt to contact you previous to delivery.
Pickup
You are welcome to pickup your objects from our warehouse in Malaga,Perth throughout enterprise hours.
Stock Availability
We warehouse all gadgets right here in Perth, Western Australia. While we try to keep our web site up to date, some gadgets perhaps out of stock although displaying available. If for any cause we aren’t able to provide your product instantly, we will make contact with you to cancel and refund, amend or again order.
Assembly
Our products come out of the field and are straightforward to assemble. Some merchandise come pre-assembled. Most may be setup in a short period of time. All At this stage we do not have an installation service.
As a rough guide, approximate meeting occasions are as follows:
Treadmills – 30 minutes
Exercise Bikes – 45mins
Cross Trainers hours
Rowers – 20mins
Vibration machines – 30mins
Weight benches – 20mins – 1 hour
Complete Home Gyms – Varies
Delivery Turnaround Times
Perth Metro – 12 hours to 2 days ( 4hr Express delivery out there at additional cost)
Adelaide Metro days
Sydney Metro days
Melbourne Metro 5 -7days
Brisbane Metro days
Unfortunately we cannot guarantee delivery occasions as we depend on third celebration couriers. Most deliveries within the Perth metro area ship out similar day and delivered within 12hours – 2days.
If you require specific delivery, please contact us and we are going to organize categorical delivery at an extra value.Express supply is just out there on weekdays. For areas outside the metro, please allow an additional 2-5 days relying on how far you may be from the metro.
Delivery Terms & Conditions
1. Delivery Time Frames
Our couriers don’t normally guarantee delivery instances, however our couriers usually ship between Mon-Fri 9am-5pm. For cumbersome items our employees or couriers could try and make contact with you to ensure you are home at the time of supply.
Re-Deliveries Costs
For residential deliveries you must be present to merely accept deliveries between 9am and 4pm. Re-Deliveries will value $30 per supply.
Late Deliveries
We or our carriers will always try to arrive on time, but is not going to be held liable for late arrival as a end result of unexpected circumstances. Most late deliveries only occur if the customer is not home.
Refunds and Replacement
Any refunds or replacements can only be organized 14 day’s after receiving your order. This will give us sufficient adequate time to investigate the matter and get again to your promptly. Refunds or replacements will solely be given the place the product is broken and signed for correctly.Strictly no refunds might be given on shipping or meeting costs. Where objects have been shipped to you, refunds will only be given once the merchandise has been obtained back into our warehouse.
Heavy objects (over 25kg)
According to Australian Occupational Health and Safety laws, any objects heavier then 40kg’s must be unloaded and moved by extra then 1 particular person. For cumbersome items the motive force might ask for help to unload the merchandise from the delivery car. Please assist the courier to unload the item from the vehiicle.
In the case that there is no one able to help with moving the merchandise, a tail gate will have to be arranged prior to supply and may incur an additional charge.
Door to Door Delivery
We use different couriers and every of them work slightly in one other way. Most couriers will ship to your door. Inside supply could incur an additional service price. Please verify together with your supply driver if so. This may occur where you reside in a block of flats or above floor floor.
Deliveries above ground floor and Steps
Australian Health and Safety rules limit how deliveries are made above floor ground. Please check with the courier when he delivers your product as to how he’ll sort out this concern. Most courier drivers will deliver to your door but not to a 2nd stage or higher especially if the merchandise is heavier then 30kg.
No-one current on delivery
If nobody is present to take supply, goods are usually returned to the couriers depot. They will attemp to rediliver. If nobody is current to take supply once more, the item may be returned to sender. If the products are returned back to us you may be charged a 20% restocking fee in addition to value to ship back to our warehouse.
If you are not likely to be home please e mail us for an Authority to go away goods unattended form when putting your order. Otherwise you may be charged for a re-delivery or your product may be left outdoors your house.
Damages and Short Deliveries
It is essential that you simply examine the cartons correctly on delivery.You are responsible to examine is:
1) You received and signed for the proper number of cartons
2) Cartons are obtained in good condition with no damages
you aren’t satisfied with both the quantity or the condition you want to:
1) Notify the driver Immediately and make a note in your and his copy
2) Email us with a description and pictures of the injury inside 2 days of delivery, so we are in a position to rectify the issue asap.
is necessary you do this as Flex Fitness is not going to be held answerable for any brief deliveries or damaged cartons should you signed for them as being obtained in good situation.
P.O Box and GPO Box Addresses
Delivery cannot be made to PO Box or GPO Box addresses.
Size too Big
When you place your order, please contemplate the sizes fastidiously. While most of the merchandise are compact and fold down easily, you should examine to see whether or not it fit’s into your area and that you’ve allowed for access. This is especially true where you’ve bulky items.
