| Purchase Terms
1. Contract
All contracts of sale made by the COMPANY
shall be deemed to incorporate all of the
Terms and Conditions listed on this site which shall
prevail over any other document or communication
with the party with whom the COMPANY is dealing
("the Customer").
Customers accept that by dealing with the
COMPANY they agree to these Terms and Conditions and
by purchasing a contract is formed with the COMPANY
and will be subject to the laws of NSW Australia
whose courts will have exclusive jurisdiction in the
determination of any disputes.
2. Currency and Taxes
All Prices listed on this website are in Australian
Dollars and are include the Goods and Service Tax
(GST).
3. Acceptance of
Orders
No order placed by the Customer shall be deemed to
be accepted by the Company until payment of those
goods has cleared. All orders are fulfilled subject
to the terms and conditions listed on this website
unless otherwise varied by an agreement in writing.
We are unable
to accept orders which require shipment outside
Mainland
Australia
inclusive of
Tasmania
,
Norfolk Island or the
Torres Strait
Islands
.
4. Cancellation of Orders
If you wish to cancel an order, you may do so at any
time until it is collected by our courier which is
at 12noon on the day following receipt of your
payment. We will then refund your payment in full.
Cancellations received after the order has been
collected by our courier will be refunded minus the
delivery and insurance costs.
5. Delivery Times
Normal Delivery time is within 14 days of payment
having been cleared.
This however shall be treated as an estimate
only and no liability can be accepted by the Company
for failure to deliver within the quoted times or
within any specific time period. The Company shall
not be liable for any loss or damage whatsoever
(including consequential loss or loss of profit)
arising directly or indirectly from any delay in the
delivery of all or any of the goods howsoever
caused.
6. Shipping
and Insurance
All of the prices listed on this website are
inclusive of delivery/shipping and transit insurance
within the Australian Mainland.
The COMPANYs stated value of delivery and
Insurance is $95.
Shipping and transit insurance is not
refundable under any circumstance or deductible from
the purchase price.
Pickup of purchases is not available.
7.
Acceptance of Delivery
The Customer shall be bound to accept the goods when
they are tendered for delivery by the Company and
delivery shall be deemed to take place when the
goods are tendered for delivery to the Customer at
the nominated address for delivery whereupon the
risks of loss, breakage or any other damage
whatsoever shall pass to the Customer.
If for any reason the Customer cannot accept
delivery of the goods for more than 7 days after the
product is available for delivery the Company may
either elect to store the goods pending their actual
delivery and the Customer shall be liable to the
Company for the costs (including insurance) of so
doing but the Company shall be under no obligation
to insure the goods in storage and the risk of any
loss or damage to the goods howsoever arising shall
be borne by the Customer, or if the period of
storage exceeds 60 days may elect to sell the goods
at the best price readily obtainable and (after
deducting all reasonable storage and selling
expenses) account to the Customer for the excess
over the price under the contract or charge the
Customer for any shortfall below the price under the
contract.
A re-delivery charge of $40 per instance will be
made if a further delivery is necessary because the
Customer is not at home to receive the order, or if
goods must be redelivered for any other reason.
If an item is
returned to us as the customer failed to contact the
couriers, any refund will be less the original
delivery cost of $95. The Company will notify of the
customer of despatch, after which time it becomes
the customer's responsibility to contact the courier
company whether or not they received a calling card
from the courier.
8. Goods
Damaged on Delivery
On Delivery of an item,
the customer shall check the box and if there
is any sign of damage you must note 'Damaged' on the
delivery note or terminal at the time of delivery.
If there is any damage, you must also notify us
directly within 48 hours of receipt. We cannot
accept damage claims which are notified after this
period.
9. Property
and Title
No property or title to goods shall pass to the
Customer unless and until the full amount of the
value of the goods has been credited to the
Company's bank account without and the Customer
shall indemnify the Company against any loss or
damage to the goods prior to the passing of property
therein whilst in the Customer's custody. Risk of
damage to or loss of the goods shall pass to the
Customer at the time of delivery or at the time of
attempted delivery or, if the Customer wrongfully
fails to receive the delivery as arranged, at the
time when the Company has tendered delivery of the
goods.
10. Returns
and Cancellations
Goods may be returned to the Company within seven
days of delivery. The goods must be unused, in fully
resalable condition and in their original packaging.
Returns must be sent via a traceable and insured
method which requires a signature on delivery. Proof
of postage is not proof of delivery.
For products returned the Customer shall be
responsible for all costs and expenses (including
insurance) of having the item returned to the
Company. The Customer's payment will be refunded
within 30 days, subject only to deduction of any
direct costs of transport and insurance incurred by
the Company in relation to the return of the goods.
Once we have received and inspected the goods for
their suitability for re-sale, your payment will
then be refunded minus our original delivery and
insurance costs of $95. If you do wish to return
something you have bought, please contact us
beforehand at sales@crazyfit.com.au to make
arrangements.
We regret that we are unable to collect items
directly from customers.
11. Force
Majeure
In the event that the Company is prevented from
carrying out its obligations as a result of any
cause beyond its control such as but not limited to
Acts of God, War, Strikes, Lock-outs, Flood and
Failure of third parties to deliver goods, the
Company shall be relieved of its obligations and
liabilities for as long as such fulfillment is
prevented.
12. Warranty
All goods sold by the Company are warranted free
from defects in material and workmanship for a
period of 12 months following acceptance of a
customer order. This period is referred to on this
site as the “WARRANTY PERIOD”.
Warranty claims will only be reviewed if submitted
to the COMPANY in writing to sales@crazyfit.com.au
along with evidence receipt or purchase.
In some
circumstances, the customer will be also required to
email photographic evidence to document and identify
a problem. On
acceptance of a warranty claim, the Company will
issue the customer with a Returns Authorisation
Number (RA).
No Warranty Claims will be accepted without a
duly issue RA number, which must be stated on all
correspondence as required. No Warranty claims are
accepted after the expiry of the warranty period.
No warranty claim will be entertained in respect of
any goods which have been repaired or altered in any
way or have been the subject of any accident or
damage caused by any innocent, willful or negligent
act or omission of the Customer or through use not
in accordance with the manufacturers instructions by
the Customer or by circumstances beyond the control
of the Company or goods which cannot be shown to
have been supplied by the Company.
Specifically excluded from Warranty are the
following;
a.
any failure:
(i)
resulting from dirt, dust,
rodents and insects;
(ii)
resulting from “fair wear
and tear”;
(iii)
caused by negligence,
accident or deliberate misuse;
(iv)
due to a
dropped product; collision with another object; any
result of a malfunction or damage of an operating
part from failure to provide manufacturer’s
recommended maintenance; theft, abuse, misuse,
neglect, vandalism, or environmental conditions; or
b.
any repairs:
(i)
to any components that
have been fitted to the product after the original
purchase;
c.
damage: -
(i)
of any kind due to
warping, rust, corrosion, of any part of the product
including its parts; or
(ii)
to the system caused by
overheating as a result of siting or positioning of
the equipment, where there is not provision for
adequate ventilation or a dust free environment; or
(iii)
to a system or components,
caused by power surges or spikes, including and not
limited to, mains power and telecommunications
connections, or to other unspecified sources,
voltage fluctuation, amperage fluctuation, rust or
corrosion;
(iv)
due to negligence,
accident, theft, flood, fire, earthquake, electrical
storms or any other act of God or any war related
events;
If the Company shall receive a written complaint by
email from a Customer in respect of goods found to
be defective in respect of materials or workmanship
within the warranty period, the Company, after it
has had a reasonable time to investigate the same
and examine the goods in dispute shall be entitled
at its sole discretion to repair or replace the
defective goods or refund the customers purchase
less the Original delivery fee of $95. Any
replacement items or parts are provided in a
condition “Like for like” and are not as “new for
old” .A
warranty
claim does not indicate in any way that a faulty
product will be replaced with a new part or unit.
It is an essential term of the COMPANYs warranty
that where required, any goods claimed to be faulty
or defective must be returned to the COMPANYs base
or nominated address for inspection and examination.
The customer shall be responsible for all
costs and expenses (including insurance) of having
the item returned to the Company for a claim under
warranty. The Company shall not collect items
directly from customers.
13. The
Company's liability
The Company shall under no circumstances whatsoever
be liable for any indirect or consequential loss
howsoever caused.
The Company's liability in respect of breach
or non-performance of any order shall be limited to
the invoiced value to which the claim relates.
By purchasing our products, the customer
expressly agrees to assume total responsibility for
any injury, loss, damage or other that may be
incurred by the products they purchased from this
website. This includes responsibility and liability
incurred for any use of, misuse of or inability to
use these products.
The customer, by
purchasing this product expressly acknowledges they
have read the COMPANYs disclaimer over usage of this
products and agrees to abide by any recommendations
to seek medical advice before commencing use of any
of the products sold on this site.
14. Miscellaneous
a) If any provisions hereof shall be held to be
invalid, illegal or unenforceable the validity and
enforceability of the remaining provisions shall not
be in any way affected or impaired thereby.
b) Waiver by the Company of any breach of these
Terms and Conditions or any granting of time or
indulgence by the Company to the Customer shall in
no way affect the rights of the Company hereunder.
c) All headings are for convenience only and do not
form part of these Terms and Conditions.
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