Merrithew

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 prior sale of Goods. (b) “Goods” means the products identified.

(c) “Purchase Price” means the price 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 form.

(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 referred to as Flex Fitness Equipment or Flex Equipment or Flex Fitness or Flex and will be used interchangably

Acceptance

2. This quotation is valid and open for acceptance for one calendar month from the date of issue, or any extension agreed in writing by us. The quotation will

lapse either at the end of that time, or upon revocation prior to acceptance if written acceptance is not received by us within such time. Acceptance must be

accompanied by sufficient information to enable us to proceed with manufacture and supply immediately. Unless otherwise agreed in writing, acceptance of our quotation, tender or list price includes acceptance of these terms and conditions.

Binding Terms and Conditions

3. The only terms which are binding upon the Seller are:

(a) those set out in these terms and conditions or otherwise agreed to in writing by the Seller; and

(b) those, if any, which are imposed by law and which cannot be excluded.

Contract and Cancellation

4. 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 only be cancelled by the Purchaser if the Seller consents to the cancellation and the Purchaser

reimburses the Seller for all costs associated with the work undertaken in relation to the contract and also pays the Seller an amount equivalent to the profits

which the Seller would have achieved had the contract been completed. The Seller’s calculation of such amounts shall be binding on the Purchaser.

6. If the Seller, at any time including after creation of the contract, considers the credit of the Purchaser unsatisfactory the Seller may:

(a) require security for payment of the Purchase Price.

(b) Withhold delivery until such security is received, and/or

(c) cancel the contract.

7. These conditions (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.

Supply and Delivery

8. The delivery time made known to the Purchaser is an estimate only and the Seller shall not be liable for late delivery or non-delivery including any loss, damage or delay occasioned to the Purchaser or its customers arising from late or non-delivery.

9. The goods 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 instructions, unless we receive written notification of defects with sufficient and valid reasons within 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 commercial use of goods.

10. The Seller is not responsible for any loss or damage 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 immediately, such loss or damage is discovered.

11. At our option, we may supply surplus materials as a precaution against damage or loss. On completion of the contract any surplus materials will remain the

property of Flex Fitness Equipment and will be promptly removed from site.

12. The provision of labour and a suitable forklift for the unloading of our materials and handling on to the erection site and/or covered storage area is the responsibility of the purchaser, unless otherwise agreed in writing. Any charges arising from delays in unloading, for which we are not responsible,will be to the purchaser’s account.

13. Where our materials are stored on site for any reason whatever between the time of delivery and the start of installation, the care and protection of such materials is the sole responsibility of the purchaser. Where the storage is at a location remote from the installation site, transfer of our materials to site is the responsibility of the purchaser. Charges arising out of delays to installation due to materials not being on site will be to the purchaser’s account.

Packing

14. If the Purchaser requires special packing in relation to the Goods it must be agreed to in writing between the Purchaser and the Seller, and the cost of the

same is to the Purchaser’s account and accordingly will be included in the Purchase Price. If the Seller fails to include the cost of special packing in the Purchase

Price the Purchaser must pay to the Seller such costs on demand.

Installation

15. Where installation is included in the contract the provision of a clear working site and adequate access will be the responsibility of the purchaser. It is our normal practice to notify delivery in advance in order to facilitate the clearance of our working area. We reserve the right to make an inspection of the working area, and to delay moving on to site at no penalty to the Seller if inadequate access or facilities exist

16. Installation work will require a reasonable standard of lighting and access to power supply within 30 metres of the work area. In the case of structures which

require site welding a three phase supply with sole access and adequately maintained voltage is also the responsibility of the purchaser. We will be happy to

discuss any difficulties in the provision of these requirements and make alternative provisions if necessary, but unless otherwise agreed in writing, any additional costs will be to the purchaser’s account.

17. It is normal procedure to bolt racking structures to the floor, and unless otherwise, our quotation makes allowance for this. However, if the floor slab is reinforced with grid steel mesh or similar materials to a level less than 70 mm below the surface, special drilling equipment will be required and any additional costs incurred will be to the purchaser’s account.

18. Unless stated in writing our quotation assumes a reasonable condition of flatness of floor. Flatness tolerances should be within + 3 mm inside a 3 metre radius. Additional costs incurred in compensating for a faulty or uneven floor will be to the purchaser’s account.

Subcontracts

19. We reserve the right to assign or subcontract out the whole or any part of this contract at our discretion.

Completion

20. Any times quoted for our completion or delivery are effective from the date of receipt by us of a written order to proceed, together with all information and particulars we require to proceed with the manufacture without

interruption or delay. All such times are to be treated as estimates only and we shall not be liable for failure to dispatch, install, or otherwise perform within

such times unless otherwise agreed in writing. In all cases, times for

our performance shall be extended by reasonable periods for delays caused by the purchaser, or by any other cause whatsoever beyond our reasonable control.

Price and Payment

21. The Purchaser shall pay the Seller immediately. If the Purchaser fails to make a payment by the due date, the

Seller may, without notice, withhold delivery of any further Goods to the Purchaser and may terminate, without liability 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 may charge interest on the amount payable at the rate of 5% over the 90 day bank bill rate applicable on the day the payment is due.

23. The Purchase Price is not inclusive of goods and services tax, unless otherwise specified in writing. Goods and services tax is additional to the Purchase Price

and must be paid by the Purchaser.

24. The Purchaser acknowledges that the price stated in or during the time of Quotation is an estimate based on rates of freight, insurance, customs duty,

exchange rates, costs of materials purchased from overseas, shipping expenses, wage and material costs and other factors at the time the Quotation was

prepared. It the Seller considers that it needs to adjust the quoted price in light of circumstances which it considers have affected the cost of the Goods, the

Seller may adjust the quoted price and such adjustment will be binding on the Purchaser.

Credit Notes

25. If the Seller issues a Credit Note to the Purchaser (whether on request by the Purchaser, by its own volition or otherwise), the Purchaser agrees that the issue

of the Credit Note is an act of commercial good faith by the Seller and not an admission of liability to the Purchaser in relation to any of the matters pertaining to

the issue 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, including after delivery of the

Goods, cancel this contract without liability to the Purchaser. If the contract is cancelled after delivery of the Goods, the Purchaser will make the Goods available 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 price that would have been the Purchase Price if the error had not been made.

Seller’s rights in relation to the Goods

28. The Seller reserves the following rights in relation to the Goods until all accounts owed by the Purchaser to the Seller are fully paid: (a) legal ownership of the Goods;

(b) to enter the Purchaser’s premises (or the premises of any associated Company or agent where the Goods are located) without liability for trespass or any resulting damage and to take possession of the Goods; and

(c) to keep or resell any Goods repossessed pursuant to (b) above.

29. If the Goods are re-sold, or products manufactured using the Goods are sold by the Purchaser, the Purchaser shall hold such 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 sold in a separate identifiable account as the beneficial 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 maintain an action against the Purchaser for the Purchase Price and the risk of the Goods shall pass to the Purchaser on delivery.

30. The Seller’s property in the Goods is not affected by the fact that the Goods become fixtures attached 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 goods, and incurs any liability to any person in connection with the entry, the

Purchaser indemnifies the Seller against that liability.

Guarantee

31. Our liability in respect of any defect in, or failure of the goods supplied, or for any loss, injury or damage attributable to such defect or failure, is limited to making good the defect or failure at our own cost. Our guarantee period is 12 months from the date of acceptance of the goods, and is only valid for defects or failure under proper use and which arise solely from faulty design, materials or workmanship. In the case of goods not of our manufacture, the purchaser is entitled only to such benefits as we may receive under any guarantee given to us in respect such goods. Without limiting the generality of the forgoing, we shall be under no liability whatsoever for any consequential loss or damage suffered by the purchaser.

Claims by the Purchaser

32. Except as provided in clause 35, all express and implied warranties, guarantees and conditions under statute or general law as to:

(a) merchantability, description, quality, suitability or fitness of the Goods for any purpose; or

(b) design, assembly, installation, materials or workmanship; or

(c) advice, recommendations, information or services provided by the Seller, its employees, servants or agents to the Purchaser regarding the Goods, their use

and application, are expressly excluded.

33. The Seller shall not be liable to the Purchaser for physical or financial injury, loss or damage or consequential loss or damage of any kind arising out of or in relation to the Goods including loss or damage arising as a result of:

(a) the Seller’s or the Seller’s agents or employee’s negligence;

(b) the supply, layout, assembly, installation, or operation of the Goods; or

(c) the advice, recommendations, information or services provided by the Seller or the Seller’s agents or employees.

or in any way whatsoever.

34. If the Goods are defective, the Seller shall make good the defect by doing any one of the following at its option:

(a) repairing the Goods; or

(b) replacing the Goods; or

(c) taking the goods back and crediting the Purchaser with the Purchase Price if it has been Paid. The Seller does not have to do any of these things until all of the

following conditions have been met:

(a) the Purchaser has given the Seller written notice that the Goods are defective within 90 days after the Goods were delivered to the Purchaser; and

(b) the Goods are in the same condition that they were in when they were delivered to the Purchaser (this means that if the Goods were processed into other

goods or were maltreated, interfered with or destroyed or damaged, the Seller is not obliged to do anything under this clause); and

(c) if the Seller wants 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 immediately makes the goods available for inspection by the Seller or by someone on its behalf.

35. If the Seller is liable for a breach of a condition or warranty implied by Division 2 of Part V of the Trade Practices Act 1974 (other than Section 69) such

liability is hereby limited to:

(a) the replacement of the Goods or supply of equivalent Goods, or

(b) the repair of the Goods;

(c) the payment of the cost of replacing the Goods or acquiring equivalent Goods; (d) the payment of the cost of having the Goods repaired.

(e) the re-assembly or re-installation of the Goods; or

(f) the re-supply of the advice or services provided by the Seller or the Seller’s agents or employees in connection with 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 must 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 other advertising matter, are intended merely to give an indication of the goods described therein and none of these shall form part of the contract unless specifically agreed in writing. All drawings and specifications prepared by us shall remain our property and all copyright therein shall belong entirely to us.

Imprints

38. Where our patents, registered designs or copyright features are embodied in the design of the goods, an imprint to that effect may be affixed and it must not

be defaced obliterated or removed from the goods. Unless otherwise agreed we shall be entitled to write or affix our name or trade plate on the goods.

Patents, Designs

39. If the Seller has followed a design or instructions given by the Purchaser, the Purchaser shall indemnify the Seller against all damages, penalties, costs and expenses of the Seller arising from any infringement of a patent, trademark, registered design, copyright or common law right. The Purchaser on its part warrants that any design or instruction given by it will not cause the Seller to infringe any patent, registered design, trademark, copyright or common law right.

Force Majeure

40. Contracts and deliveries may be suspended in the event of any strike, lock out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, or other force majeure, or other occurrence or cause beyond our control preventing or delaying the execution or performance of any contract,

and no responsibility shall attach to us for any default, loss, damage or delay due to any of the forgoing causes.

Exclusion of Conditions

41. No conditions, terms, covenants, warranties and guarantees whatsoever on our part whether expressed or implied shall form part of this contract unless expressly set forth in these in these conditions of sale or otherwise agreed by us in writing and unless expressly agreed by us in writing no provision for liquidated damages shall form part of the contract.

Australian Law

42. This contract is governed by Australian Law and all litigation in relation There to shall be brought in the Court of appropriate jurisdiction in Australia.

Permits and Approvals

43. Unless specified elsewhere it is the purchaser’s responsibility to obtain any permits and approvals. Where any costs are incurred to obtain such approvals these will be to the purchaser’s account.

Statutes

44. We shall be relieved of our liability or responsibility of performance of this contract wherever and to the extent to which fulfilment of the same is prevented,

frustrated or hindered as a consequence of any statute, rule, regulation, order in council or by-law or requisition order or ruling made there under.

Personal Property Securities Act 2009 (“PPSA”)

45.

45.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.

45.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security

agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by

FLEX FITNESS EQUIPMENT to the Customer.

45.3 The Customer undertakes to:

(a) promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects)

which FLEX FITNESS EQUIPMENT may reasonably require to;

(i) register a financing statement 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) correct a defect in a statement referred to in clause 45.3(a)(i) or 45.3(a)(ii);

(b) indemnify, and upon demand reimburse, FLEX FITNESS EQUIPMENT for all expenses incurred in registering a financing statement 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 security interest without the prior written consent of FLEX FITNESS EQUIPMENT ;

(d) not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party 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 would result in a change in the nature

of proceeds derived from such sales.

45.4 FLEX FITNESS EQUIPMENT and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms

and conditions.

45.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.

45.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.

45.7 Unless otherwise 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.

45.8 The Customer must unconditionally ratify any actions taken by FLEX FITNESS EQUIPMENT under clauses 45.3 to 45.5.

45.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect 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 stock spare parts for most of our products and can order them directly from the manufacturer with a short lead time.

WARRANTY REGISTRATION

Warranty is only valid only with a completed warranty form is completed online at www.flexequipment.com.au/warrantyregistration
The warranty form must be completed within 14 days from the date of purchase. Please include the product serial number (where applicable) and details of purchase. Proof of purchase from Flex Fitness Equipment will be required when raising a warranty claim.

WARRANTY CLAIM

To lodge a warranty claim please contact flex fitness equipment during business hours at business hours 2/9 Energy St, Malaga / In Person – by phone 9248 8628 or email info@flexequipment.com.au within the warranty period. Associated costs of transport on a warranty claim are to be borne by the customers.

THE RARE LEMON POLICY

Our products are warranted against defects in material and workmanship for a specific period from the date of purchase, and this period varies by product. During the warranty period, Flex Fitness Equipment will repair/replace or refund the product with a similar or equivalent product within 7 business days. Please ensure you keep a copy of your tax invoice. Refunds will only be given where there is no replacement product available.

For equipment under warranty, the owner is responsible for shipping to Flex Fitness Equipment and all related customs, taxes, tariffs, insurance, etc.

MAINTENANCE

Caution – for safe operation

Always inspect equipment prior to operation. Look for loose bolts and frayed cables. Repair or replace any damaged or worn parts and tighten all loosed hardware. As part of Flex Fitness Equipments normal installation and setup process, all bolts must be tightened and checked after the first 1-2 hours of initial usage and then periodically, un-tightened bolts and nuts may become loose, causing damage, which may void warranty and be dangerous to the user. After using the equipment, always clean and wipe down the equipment. Perspiration that continuously settles on the frame and pads may cause rust or damage to the unit. Damage resulting from lack of proper maintenance will not be covered under warranty. All products sold by Flex Fitness Equipment must be maintained as per specifications in the maintenance / operations guide supplied by the manufacturer or as above. Failure to maintain and service equipment will 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 costs to the warehouse and back to the customer will be covered by the customer. Labour warranty is standard 12 months for most products unless specified.

2. Onsite service is only available in selected areas and will incur a callout fee of $100/hr. Refunds will not be offered except where Flex Fitness Equipment has failed to remedy the defect through repair or replacement.

3. A Tax invoice as proof of purchase is required for all warranty claims.

4. Warranty only applies to the first owner. The warranty cannot be transferred to a second owner

5. This warranty extends to consumer use only and is void when the product is used for commercial, institutional, or hire use, except when the product is purchased for commercial use and a commercial warranty is issued. Service conditions apply to product sold to commercial and institutional facilities

6. Equipment must be used and stored indoors in a dry and dust free environment and warranty will be void if used/stored outdoors, in a garage, shed, under a patio or any outdoor environment.

7. The equipment must be serviced regularly at least once every year or as per the manufacturers specification for the warranty to be valid.

WARRANTY – ITEMS NOT COVERED :

1. Damage occurred in transport, abuse, neglect, misapplication (e.g. a domestic product used in a commercial environment) or improper assembly of the product.

2. Cosmetic items including but not limited to plastics, grips, seats, paintwork. The warranty does not cover calls to correct installation of the equipment or to instruct owners of how to use the equipment.

3. Normal wear and tear. All warranty will be void if the product is used for purposes other than those intended. Where there is evidence that such activities have contributed to component failure will result in the warranty being voided. The Warranty does not cover pickup, delivery, or freight charges connected or relating to repairs.

4. The Buyer shall inspect and verify the goods on delivery and shall within three (3) days of delivery notify Flex Fitness Equipment in writing of any alleged defect, shortage in quantity, or damage upon checking the goods. No change of mind will be accepted.

LIMITATIONS OF WARRANTY

The warranty does not apply to any part of a product that has been installed, altered, repaired, or misused in any way that, in the opinion of Flex Fitness Equipment, would affect the reliability or detracts from the performance of any part of the product, or is damaged as the result of use in a way or with equipment that had not been previously approved by Flex Fitness Equipment.

The warranty does not apply to any product or parts thereof where 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 replacement or repair necessitated by loss or damage from any cause beyond the control of Flex Fitness Equipment, such as lightning or other natural and weather related events or wartime environments.

The warranty does not cover any labour involved in the removal and or reinstallation of warranted equipment or parts on site, or any labour required to diagnose the necessity for repair or replacement.

The warranty excludes any responsibility by Flex Fitness Equipment for incidental or consequential damages arising from the use of the equipment or products, or for any inability to use them either separate from or in combination with any other equipment or products.

WEIGHT LOADINGS

Weight ratings are meant to be used as a guide only. You must ensure you test the equipment for yourself and gauge what weight rating you are comfortable with. Weight loadings must not be exceeded. All fitness equipment is sold on a 'as is' basis and the specifications are only those supplied by the manufacturer. Flex Fitness Equipment does not manufacture any equipment and does not accept any liability for weight loadings.

EXCLUSIVE REMEDIES

Flex Fitness Equipment’s warranty, as stated is in lieu of all other warranties, expressed, implied, or statutory, including those of merchantability and fitness for a particular purpose. The buyer shall pass on to any purchaser, lessee, or other user of Flex Fitness Equipment’s products, the aforementioned warranty, and shall indemnify and hold harmless Flex Fitness Equipment from any claims or liability of such purchaser, lessee, or user based upon allegations that the buyer, its agents, or employees have made additional warranties or representations as to product preference or use. The remedies provided herein are the buyer’s sole and exclusive remedies. Flex Fitness Equipment shall not be liable for any direct, indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory.

Flex Fitness Equipment provides its goods and services to you subject to the following conditions. If you visit or shop with Flex Fitness Equipment whether instore or online, you accept these conditions. Please read them carefully.

The following terminology applies to these Terms and Conditions ("Terms"), Privacy Statement, Warranty notice and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company Ruby Distributors Pty Ltd. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated products, in accordance with and subject 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 therefore as referring to same

If you do not agree to these Terms of Use please do not use this site. Ruby Distributors Pty Ltd owns www.flexequipment.com.au (the "Website") and we reserve the right to change these Terms, and your continued use of this Web site constitutes agreement to all such changes. Please check the Terms periodically for changes.

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All right, title and interest in this Web site and any content contained herein is the exclusive property of Ruby Distributors Pty Ltd, except as otherwise stated. This Web site is intended for personal, non-commercial use. Ruby Distributors Pty Ltd grants you a limited license to access and make personal use of this site. You may print, copy and download any information or portion of this Web site for your personal use only. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from Ruby Distributors Pty Ltd You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without Ruby Distributors Pty Ltd's prior written approval. You may not use any meta tags or any other "hidden text" utilizing Ruby Distributors Pty Ltd's name or trademarks without the express written consent of Ruby Distributors Pty Ltd. Any unauthorized use terminates the permission or license granted by Ruby Distributors Pty Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Website so long as the link does not portray Ruby Distributors Pty Ltd, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Unauthorized use of this Web site and or any Ruby Distributors Pty Ltd systems, including, but not limited to, unauthorized entry into Ruby Distributors Pty Ltd systems, misuse of passwords or misuse of any other 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 interfere with any other party's use and enjoyment of any Ruby Distributors Pty Ltd Website or service. You may not attempt to gain unauthorized access to any Ruby Distributors Pty Ltd Website or service, computer systems or networks connected to any Ruby Distributors Pty Ltd Website or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

Ruby Distributors Pty Ltd reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Ruby Distributors Pty Ltd does not undertake any obligation or responsibility to update or amend any such information. Ruby Distributors Pty Ltd may discontinue or change any product or service described in or offered on this Web site at any time.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. Ruby Distributors Pty Ltd does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. Ruby Distributors Pty Ltd will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via this Web site. Although the information provided to you on this Web site is obtained or compiled from sources we believe to be reliable, Ruby Distributors Pty Ltd cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither Ruby Distributors Pty Ltd, nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of this Web site, or resulting from the act or omission of any other party involved in making this Web site, the data contained herein or the products or services offered on this Web site available to you, or from any other cause relating to your access to, inability to access, or use of the Web site or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Ruby Distributors Pty Ltd or of any vendor providing software or services. In no event will Ruby Distributors Pty Ltd or any such parties be liable to you, whether in contract or tort, for any direct, special, indirect, punitive, consequential or incidental damages, solicitor fees, or any other damages of any kind even if Ruby Distributors Pty Ltd or any other such party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user's equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labour problems or any force majeure. Ruby Distributors Pty Ltd cannot and does not guarantee continuous, uninterrupted or secure access to the Web site.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ruby Distributors Pty Ltd or its content suppliers and protected by Australia and international copyright laws. The compilation of all content on this site is the exclusive property of Ruby Distributors Pty Ltd and protected by Australia and international copyright laws. All software used on this site is the property of Ruby Distributors Pty Ltd or its software suppliers and protected by Australia and international copyright laws.

TRADEMARKS

Ruby Distributors Pty Ltd, [INCLUDE NAMES OF EQUIPMENTS OR MANUFACTURERS0, the Universal logo and other trademarks and service marks referenced herein are either registered trademarks and service marks or trademarks and service 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 mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners. You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or Website on the World Wide Web without the written permission of Ruby Distributors Pty Ltd or such third party, which may own the marks. If you copy or download any information or software from this Web site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

LINKS

This Web site contains links to third party Web Website. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Ruby Distributors Pty Ltd of any information contained in any third party Web site. In no event shall Ruby Distributors Pty Ltd be responsible for the information contained on that site or your use of or inability to use such site. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of this Web site.

COOKIES

We receive and store certain types of information whenever you interact with us. For example, like many Web Website, we use "cookies" and "clear gifs" to obtain certain types of information when your Web browser accesses one of our Website, or when you are provided the opportunity to complete surveys or open or respond to any newsletter or other e-mail you may have requested.

Briefly, "cookies" are small files that we transfer to your computer's hard drive or your Web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of Web users or to let us know if you have opened an e-mail that we sent you.

Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behaviour on our Web site and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.

You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful Site features.

RISK OF LOSS

All items purchased from Ruby Distributors Pty Ltd are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Ruby Distributors Pty Ltd and its affiliates attempt to be as accurate as possible. However, Ruby Distributors Pty Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Ruby Distributors Pty Ltd itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.

If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

TERMS OF PAYMENT

You may purchase certain products or services on the Site. In ordering product through the Site or otherwise, you agree to provide only true, accurate, current and complete information. 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 right to bar your access to and use of the Site if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information.

INTERNATIONAL USE

The Site is controlled 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 outside Australia, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. Ruby Distributors Pty Ltd makes no representation that materials on this site are appropriate or available for use in locations outside australia, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Limitation Of Liability

ruby distributors pty ltd shall have no liability for any loss or damage whatsoever, including but not limited to incidental, punitive, consequential, solicitor fees, or indirect damages (including without limitation damages for loss of profits, business interruption, loss of data and the like) arising out of this privacy policy or your use of, or inability to use or access the site or any content provided on the site or downloaded from the site, or any delay in use or access to the site or content provided on the site or any claim arising from or relating to errors, omissions or inaccuracies in the content provided on the site or statements or conduct of any third party on the site, to the extent permitted by applicable law, even if ruby distributors pty ltd has been advised of the possibility of such damages.

the limitation of liability set forth above shall apply to every form of action, whether in contract, warranty, strict liability, negligence or other tort, and shall survive any breach of the terms or any agreement, or the failure of the essential purpose of the terms or an agreement or any exclusive remedy.

in no event shall ruby distributors pty ltd liability exceed the amount paid by client.

JURISDICTION

These Terms, as well as the Privacy Policy for this Site, and any dispute that may arise between you and Ruby Distributors Pty Ltd, shall be governed by and construed in accordance with the laws of Western Australia without regard to conflict of laws principles. You consent to the exclusive 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 constitute written agreements between you and Ruby Distributors Pty Ltd with respect to this 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 site.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you choose to visit Ruby Distributors Pty Ltd Website, your visit and any dispute over privacy is subject to these Terms and our Privacy Policy, including limitations on damages, arbitration of disputes, and application of the law of Western Australia. If you have any concern about privacy at Ruby Distributors Pty Ltd, please contact us with a thorough description, and we will try to resolve it.

Ruby Distributors Pty Ltd.

2/9 Energy Street

Malaga

WA 6090

Communication

We will aim to ensure ongoing communication once your order is placed and despatch your order asap.

Deliveries are done by contracted couriers who only work M-F 9am-5pm. For residential deliveries you must be present to accept deliveries between 9am and 4pm. The courier may use their discretion and leave the product at your door.

Re-Deliveries will cost $50 per delivery. For bulky deliveries, our staff or couriers may attempt to contact you prior to delivery.

Pickup

You are welcome to pickup your items from our warehouse in Malaga,Perth during business hours.

Stock Availability

We warehouse all items right here in Perth, Western Australia. While we attempt to keep our website up to date, some items maybe out of stock even though showing available. If for any reason we are not able to supply your product immediately, we will make contact with you to cancel and refund, amend or back order.

Assembly

Our products come out of the box and are easy to assemble. Some products come pre-assembled. Most can be setup in a short amount of time. All At this stage we do not have an installation service.

As a rough guide, approximate assembly times are as follows:

Treadmills - 30 mins

Exercise Bikes - 45mins

Cross Trainers - 1-2 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 available at extra cost)

Adelaide Metro 3 - 5 days

Sydney Metro - 5 -7 days

Melbourne Metro 5 -7days

Brisbane Metro 7 - 10 days

Unfortunately we cannot guarantee delivery times as we rely on third party couriers. Most deliveries in the Perth metro area ship out same day and delivered within 12hours - 2days.

If you require express delivery, please contact us and we will arrange express delivery at an extra cost.Express delivery is only available on weekdays. For areas outside the metro, please allow an extra 2-5 days depending on how far you are from the metro.

Delivery Terms & Conditions

1. Delivery Time Frames

Our couriers do not usually guarantee delivery times, however our couriers generally deliver between Mon-Fri 9am-5pm. For bulky goods our staff or couriers may attempt to make contact with you to ensure you are home at the time of delivery.

Re-Deliveries Costs

For residential deliveries you must be present to accept deliveries between 9am and 4pm. Re-Deliveries will cost $30 per delivery.

Late Deliveries

We or our carriers will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances. Most late deliveries only happen if the customer is not home.

Refunds and Replacement

Any refunds or replacements can only be arranged 14 day’s after receiving your order. This will give us enough sufficient time to investigate the matter and get back to your promptly. Refunds or replacements will only be given where the product is damaged and signed for correctly.Strictly no refunds will be given on shipping or assembly costs. Where items have been shipped to you, refunds will only be given once the item has been received back into our warehouse.

Heavy items (over 25kg)

According to Australian Occupational Health and Safety regulations, any items heavier then 40kg’s must be unloaded and moved by more then 1 person. For bulky goods the driver may ask for assistance to unload the item from the delivery vehicle. Please assist the courier to unload the item from the vehiicle.

In the case that there is no one able to assist with moving the item, a tail gate will have to be arranged prior to delivery and may incur an extra charge.

Door to Door Delivery

We use different couriers and each of them work slightly differently. Most couriers will deliver to your door. Inside delivery may incur an extra service cost. Please check with your delivery driver if this is the case. This may occur where you live in a block of flats or above ground floor.

Deliveries above ground floor and Steps

Australian Health and Safety regulations restrict how deliveries are made above ground floor. Please check with the courier when he delivers your product as to how he will tackle this issue. Most courier drivers will deliver to your door but not to a 2nd level or higher especially if the item is heavier then 30kg.

No-one present on delivery

If no one is present to take delivery, goods are generally returned to the couriers depot. They will attemp to rediliver. If no one is present to take delivery again, the item may be returned to sender. If the goods are returned back to us you may be charged a 20% restocking fee as well as cost to ship back to our warehouse.

If you are not likely to be home please email us for an Authority to leave goods unattended form when placing your order. Otherwise you may be charged for a re-delivery or your product may be left outside your house.

Damages and Short Deliveries

It is important that you check the cartons properly on delivery.You are responsible to check is:

1) You received and signed for the correct number of cartons

2) Cartons are received in good condition with no damages

you are not satisfied with either the quantity or the condition you need to:

1) Notify the driver Immediately and make a note on your and his copy

2) Email us with a description and photos of the damage within 2 days of delivery, so we can rectify the problem asap.

is important you do this as Flex Fitness will not be held responsible for any short deliveries or damaged cartons if you signed for them as being received in good condition.

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 consider the sizes carefully. While most of the products are compact and fold down easily, you must check to see whether it fit’s into your area and that you have allowed for access. This is especially true where you have bulky goods.

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