Fitness Equipment Services will not collect / store any unecessary personal information about individuals or companies beyond that required by law. Fitness Equipment Services will additonally not pass on, sell, or swap any personal information with third parties beyond that necessary to perform normal business activities.
TERMS & CONDITIONS
1.1 In these terms and conditions:
(a) “The Company” refers to Azgone Enterprises Pty Ltd As Trustee For The Aaron Terry Family Trust Trading As Fitness Equipment Services.
(b) “Client” means the entity addressed to on the reverse of this page, its successors and assigns and any other persons offering to contract with the Company on these terms and conditions or, where such person is acting in the course of employment, such persons as employer.
2. Whole Agreement
2.1 These terms and conditions embody the whole agreement between the parties and, subject to the express terms contained in any written acceptance thereof, all previous dealings, representations and arrangements are hereby excluded and cancelled.
3. Title of Property
3.1 In relation to goods supplied to the Client, ownership and property in the goods vests absolutely with the Company and does not pass to the Client UNTIL the Client:
(a) Pays for the goods in full;
(b) Pays in full all other monies owing or unpaid by the Client to the Company including monies in respect of goods previously or subsequently supplied to the Client by the Company.
3.2 In relation to goods supplied to the Client for which payment in full has not been received:
(a) The relationship between the Client and the Company shall be fiduciary;
(b) The Client will hold those goods as bailee for the Company;
(c) Where the Client sells those goods, the Client does so as fiduciary agent of the Company;
(d) Where the goods are disposed of, the monies resulting from the disposal and all other proceeds received in respect of the goods, including insurance proceeds will be kept separately in trust for the Company.
4.1 In relation to goods supplied to the Client for which payment in full has not been received:
(a) The Client irrevocably permits the Company or any person authorised by the Company in writing, upon giving reasonable notice to enter the Client’s premises or at premises where the goods are reasonably believed by the Company to be held for the purpose of examining or recovering the goods.
The Client also agrees to hold the Company harmless for reasonable costs of removal, enforcement, and legal action in respect of the removal of any goods.
5.1 If the Client disputes any goods sold or services supplied by the Company are faulty or defective or disputes the Invoices the Company has issued, the Client must notify their reasons in writing to the Company within 14 days of the Invoice date, failing which, not withstanding warranty conditions, the Client loses any right to dispute the quality of the goods, services or quantum of.
6.1 The Client agrees to pay all amounts due in clear funds within the Company’s agreed timeframe of 14 days but no later than 28 days from the date of invoice. The Client agrees that if it fails to pay in accordance with this clause, the Company may:
(a) Charge a late payment fee of 5% on all amounts paid after the due date;
(b) Charge interest on debts at 2% per month from time to time (if paying in instalments, the interest will apply to the outstanding amount only);
(c) Recover all collections costs and expenses incurred in collecting overdue accounts on an indemnity basis;
(d) Sue for the money owing on the goods or services provided.
7.1 If the Client:
(a) Fails to pay all amounts for any goods or services on the due date; or
(b) Otherwise breached this agreement and failed to rectify such breach within seven days notice; or
(c) Commits an act of bankruptcy or allows a trustee in bankruptcy or receiver and manager to be appointed to the Client or any of its property; or
(d) Allow a judgment or order to be enforced or become enforceable against the Client’s property; or
(e) Permits proceedings to be commenced to wind the Client up or controller, receiver, administrator, liquidator or similar officers appointed to the Client in respect of any part of its property; then the Company may enter upon the Client’s premises where goods supplied under this contract are situated at any time and re-take possession of any or all of the goods the Company has supplied to the Client and:
(a) Resell the goods concerned;
(b) Terminate the agreement; and
(c) Sue for any monies owing.
7.2 The Company may report a Client’s delinquent account to a credit reporting agency should payment remain outstanding for more than 28 days. In addition the Company may refer the outstanding account for debt collection or issue legal proceedings to recover any outstanding invoices. Should an account be referred for debt collection the Client acknowledges and agrees to pay all debt collection charges to be incurred on the day the Company refers the matter to their nominated debt collection agency. The client shall also be liable for interest and all legal recovery costs associated with such action on a solicitor and own client or indemnity cost basis.
8. Right to amend terms and conditions
8.1 The Company reserves the right to amend terms and conditions of this agreement by giving the Client notice in writing of the amended terms and conditions to the Client’s address as specified on the face of this agreement or as notified by the Client from time to time. The Client is deemed to accept any amended Terms and Condition unless it notifies the Company in writing within seven days of its objection.
9. Severance and Waiver
9.1 If any part of this agreement is found to be void, unlawful, or unenforceable then that part will be deemed to be
severed from the agreement and will not affect the validity and enforceability of any remaining provisions. Any waiver of the Company’s right under this agreement must be in writing and signed by an authorised representative of the Company.
10.1 The agreement shall be deemed to have been made in Queensland and shall be interpreted in accordance with the Laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the Queensland