Terms & Conditions
This agreement sets out the terms and conditions which together with you online order apply in respect of your hire of equipment from Leanne and Marks Fitness Land Limited trading as Fitness at Home (referred to, as applicable, as we or us or our).
The Equipment, Delivery Date, Hire Period and Rental have the same meaning as those terms in your online order.
- Right to use Equipment
Subject to the terms of this agreement you are entitled to keep and use the Equipment during the Hire Period.
You are not entitled to end this agreement prior to the end of the Hire Period for any reason (including injury or any other personal circumstance) except in accordance with your rights under the Consumer Guarantees Act 1993. We may, at our sole discretion, agree to end this agreement and/or refund the Rental in exceptional circumstances such as if you have inadvertently duplicated your online order and/or payment.
- Fulfilment of your order
If for any reason we are unable to fulfil your order we will let you know promptly. If we cannot agree alternative arrangements with you, we can end this agreement by returning all amounts paid by you in relation to that order.
- We own the Equipment
We retain ownership of and title to the Equipment at all times.
- You must pay the Rental
You will pay the Rental in the manner set out in this agreement. Where this agreement is ended for any reason prior to the end of the Hire Period, we will not refund any Rental to you except in accordance with our obligations under the Consumer Guarantees Act 1993.
- You may be required to pay interest
If you do not pay any money by the due date you will pay us interest on the unpaid amount at 5% per annum above the overdraft rate charged to us by our principal bankers (calculated from the due date until the date you pay).
- Time for payment
The Rental is payable in full in advance with payment due on the date of your online order. You will make this payment through our secure online payment system.
- The Equipment is at your risk
You are responsible for the care of the Equipment from the time it is delivered to you. You indemnify us against any damage to or loss of the Equipment and from all liabilities we incur arising out of your possession and/or use of the Equipment.
- We will arrange delivery
We will deliver or arrange for delivery of the Equipment to you and will use all reasonable endeavours to do so as soon as practical on or after the Delivery Date. However, we will not be liable for any damages or loss you suffer due to any delay.
- You will insure the Equipment
You will keep the Equipment insured for full replacement value at all times while it is in your possession and control.
- Care of Equipment
You will take proper and reasonable care of the Equipment while it is in your possession. You will use your best endeavours to avoid any damage to or loss of the Equipment. You will notify us if the Equipment is stolen, damaged, requires repairs, or is involved in an accident and will provide such further information as we require.
- Repair of the Equipment
The Equipment may only be repaired by us. At our option, we will repair or replace any Equipment as soon as reasonably practicable. You will pay us the cost of the repair or replacement unless we determine (acting reasonably) that the repair or replacement is due to any manufacturing fault or fair wear and tear.
- You will not alter or modify or dispose of the Equipment
You will not alter or modify the Equipment. You will not grant any security interest (as defined in the Personal Property Securities Act 1999 (PPSA)) in or otherwise deal with or dispose or part with possession of the Equipment.
- Your obligations
16.1 not do anything which might prejudice or affect any warranties, which apply to the Equipment;
16.2 promptly obey any written direction we give in respect of the Equipment; and
16.3 not do anything which might prejudice or affect any insurance cover you or we have effected over the Equipment.
You will indemnify us against any losses, costs, damages and liabilities of any nature whatsoever that we suffer or incur as a result of any breach by you of this clause 11.
You will reimburse us for any money spent by us in protecting our interests or rights in the Equipment or under this agreement or to remedy any failure by you to meet any of your obligations under this agreement.
- We can inspect the Equipment
You will allow us to inspect the Equipment at any time.
- Consumer Guarantees Act 1993
If you are hiring the Equipment for the purposes of a business you agree that the Consumer Guarantees Act 1993 will not apply to your hire of the Equipment. You acknowledge that we do not provide any express guarantees (as defined in the Consumer Guarantees Act 1993).
Except as expressly stated on our website, we do not make any representations (whether express or implied) and to the extent permitted by law, all warranties and representations are excluded. Subject to our obligation to provide the Equipment, we have no liability to you and are not liable, whether in contract, tort (including negligence), equity or otherwise, for any damage or loss (including consequential) you or any third party suffer or incur in connection with the Equipment.
- Your details are correct
You assure us that all particulars supplied by you when entering into this agreement are correct. You will notify us immediately in writing if you change your address or contact details.
- We will collect Equipment for return
When the Hire Period and/or this agreement ends, by whatever cause, you will ensure that the Equipment can be collected by us from you immediately.
- You must continue to pay rental
If you do not enable us to immediately collect the Equipment when the Hire Period and/or this agreement ends, by whatever cause, in addition to any other remedies that we may have, you will continue paying rental (at our daily rates applicable to the Equipment) during the period that you retain the Equipment.
- Events entitling us to end this hire agreement
We may terminate this agreement and repossess the Equipment if any of the following events happen:
(a) you fail to pay any money due under this agreement or perform any of your obligations under this agreement;
(b) any execution or distress is levied or threatened to be levied on your assets, or a receiver is appointed in respect of any of your assets, or you make any arrangement or composition with your creditors;
(c) you, being a company, go into liquidation or administration or a petition to liquidate or a notice of intention to propose a resolution to liquidate is presented to you;
(d) you, not being a company, are declared bankrupt or commit an act of bankruptcy; or
(e) you do anything that in our absolute opinion prejudices our rights in the Equipment or this agreement.
- We may enter your premises
For the purposes of exercising any of our rights under this agreement, you authorise and permit us, any persons who work for us, or our agents, to enter any premises you own or occupy.
- What happens if we end this agreement
If we end this agreement under clause 24, you will be required to pay to us immediately the unpaid balance of the Rental up to the date of termination and any other amounts owing to us under this agreement.
- Our enforcement of rights
We will not be taken to have waived any of our rights or remedies under this agreement unless the waiver is in writing. Any delay or failure to exercise any right or remedy does not affect our ability to enforce that right or remedy at a later time.
- Personal Property Securities Act 1999
We may register a security interest in the Equipment under the PPSA. You irrevocably waive any rights you may have at any time, including under section 148 of the PPSA to receive a copy of any verification statement (as that term is defined for the purposes of the PPSA).
You undertake to sign any further documents and/or provide any further information (which information you warrant to be complete, accurate and up-to-date in all respects) which we may reasonably require to enable us to register a financing statement or a financing change statement on the Personal Property Securities Register.
- Disputes Resolution
If you have any concerns relating to the Equipment or this agreement, you can contact us to discuss these concerns in the first instance. We will use reasonable endeavours to resolve your concerns and any dispute between us. If you are not satisfied with the outcome, you may seek to resolve your concerns through the Disputes Tribunal (if applicable).
We collect information from you to process, follow up and deliver your online order. We will provide your information to third parties, including our secure online payment provider, to the extent that we consider this disclosure is necessary to process, follow up and deliver your online order. Your provision of information to us is voluntary but if you do not provide us with material information, we may not be able to process, follow up or deliver your online order. You can ask to access and correct your personal information by contacting us at:
0064 3 338 8877
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