Terms & Conditions

 

 

By Hiring or Purchasing from us you agree to our terms & conditions.

Quick Navigation:

1. Product Descriptions and Pricing Information
2. Order Acceptance Policy
3. Order Delivery Times
4. Dispatch Warehouses
5. Returns Policy
6. Damages or Loss in Transit
7. Assumption of responsibility
8. Limitation of Liability
9. Copyright
10. Other Party's Websites
11. Applicable Law
12. Privacy Policy
13. Warranty
14. Shipping & Delivery
15. 7 Day Money Back Guarantee
16. The 10kg Challenge
17. Rental Policy
18. Finance Terms

 

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Terms Used

‘The seller’ refers to LA Fitness Limited.

‘The buyer’ refers to any legal entity purchasing from the seller or using this website.

‘The hirer’ refers to any legal entity hiring from the seller or using this website.

‘The website’ refers to www.lafitness.co.nz.

 

Prices and Currency Conversion

All prices are in NZ$ and are inclusive of GST.

 

1. Product Descriptions and Pricing Information

In the event a product is listed at an incorrect price, or with incorrect information due to an error in pricing or product information received from our suppliers, the seller shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The seller shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, the seller shall immediately issue a credit to your credit card account in the amount of the charge. If the goods do not match the description on the seller's website, the buyer should inform the seller immediately so that the seller may take appropriate action. Treadmill speeds are set to the international industry standard +/-10%. Speed displayed on consoles may vary between models. The seller reserves the right to change the content of the website at any time and without prior notice.

 

2. Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Order acceptance only occurs when the goods are dispatched to the buyer. The seller reserves the right at any time after receipt of your order, to accept or decline your order or any reason. The seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

 

3. Order Delivery Times

Any quotations of delivery times by the seller are made in good faith but are estimates and the seller shall not be bound by such quotation.

For Hire deliveries we aim to have the equipment delivered within 3 days where possible.5

 

4. Dispatch

Items will be freighted from our Wellington distribution warehouse depending on stock availability.

All goods Purchased from LA Fitness shall be delivered Freight Free. (Additional charges may apply in Rural areas. Please contact our customer service team to confirm the shipping cost prior to placing your order 0800 452 348 or info@lafitness.co.nz).

All Hire goods will remain the same as listed on the website for each item.

PLEASE NOTE: Pick-ups are available from our Wellington showroom, but only with prior arrangement.

 

5. Returns Policy

While the Consumer Guarantees Act and Fair Trading Act provide the basis for LA Fitness’ returns policy, we in fact go above and beyond the expectation of these two statutory laws. LA Fitness has a 7 Day Money Back Guarantee with printed proof of purchase. For a product to be returned under our policy, that product must be in a resalable condition unless faulty or otherwise defective. It's this policy that provides you peace of mind while shopping with LA Fitness. 

Consumer Guarantees Act 1993

The Consumer Guarantees Act sets out minimum standards for goods sold by LA Fitness Ltd. In the event that goods sold are deficient or are faulty, the retailer has the right to repair, replace or refund.

Fair Trading Act 1986

The Fair Trading Act is designed to protect the customer from being misled, either intentionally or unintentionally. This applies to all aspects of the promotion and sale of goods and services including: pricing; where the product was made; where the product is from; the meeting of New Zealand safety standards; availability of products in store and the sales techniques used. The Commerce Commission enforces the Fair Trading Act 1986.

Our Returns Policy

Goods can only be returned under our 7 Day Money Back Guarantee policy.
Goods cannot be returned if you simply change your mind AFTER 7 days from the purchase date.

Where you have simply changed your mind, you will be covered under the LA Fitness 7 Day Money Back Guarantee. All products returned must be in their original unused condition, specifications and packaging, along with any accompanying accessories/guarantees/instructions together with the invoice and/or packing slip accompanying the products. Products cannot be returned if they have been engraved, modified, damaged, or altered. 

All purchases must be returned and inspected before any refund will be granted.

We do not accept returns outside of New Zealand. This is because of the costs of customs fees and taxes on re-entry back into NZ.
Where the products are faulty or damaged due to manufacturing faults we will either: (i) replace the products; or (ii) repair the product under the manufacturers guarantee; (iii) give you a full refund.

Manufacturing defects do not include normal wear and tear and any damage caused by accidental or non-accidental damage.

 

6. Damages or Loss in Transit 

Goods leaving the seller’s premises are adequately packed. Claims for damage or loss in transit must be made as follows:

1. Prior to acknowledging delivery to the carrier the buyer must ensure that the complete consignment as per the carrier's note has been received. Should there be a shortage or visible damage to outer packaging the carrier's note must be endorsed accordingly at the time the goods are delivered. No liability for goods damaged or lost in transit will be accepted by the seller. Details of any claim should immediately be advised to both the seller and carrier so that a remedy can be processed.
2. You MUST notify LA Fitness and the carrier of any damage (internal or external damage) within 24 hours of receiving the goods.

Call our Customer Service Team on 0800 452 348 (leave a voice message if no reply) or email: service@lafitness.co.nz

NOTE: If you do not notify LA Fitness and the carrier of any internal or external damages within 24hrs of receiving your goods we will not be able to lodge a claim with the carrier company.

7. Assumption of responsibility

The buyer understands that exercise may be a risk to physical health and safety if not done properly. The buyer further understands that it is the seller's recommendation, that the buyer consults a physician or sports professional prior to using any equipment or engaging in any exercise program or activity.

The seller shall not be held responsible for damages arising from the buyer's recklessness, negligence, misuse of gym equipment, improper execution of generally acceptable exercise techniques, or for any damage or injury that occurs pursuant to any information received from the seller on the internet, or by any other means now known or later developed.

 

8. Limitation of Liability

To the full extent permitted by the laws in New Zealand, the seller shall not in any event be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. If the materials on this website are purchased for business purposes, as defined by the Consumer Guarantees Act 1993 ("the Act"), the provisions of the Act shall not apply to the materials so purchased.

 

9. Copyright

Materials on this website may not be modified, reproduced or publicly displayed, performed or distributed or used for any public or commercial purpose.

 

10. Other Party's Websites

This website may contain hyperlinks to websites operated by third parties. You accept that the seller has no control over, and is not responsible, for any material contained on any third party websites. Links to third party websites are provided for your convenience, and do not constitute an endorsement of that third party, or any products or services referred to on their site unless expressly stated otherwise.

 

11. Applicable Law

This website is intended to be accessed by New Zealand residents. We make no representations about the compliance of this site with the laws of any other country. Therefore if you access this website outside of New Zealand you do so at your own risk and are responsible for complying with any laws where you access the website, or where information you publish or upload can be accessed.

 

12. Privacy Policy

LA Fitness will not pass your personal information on to any other party without your permission. Your personal information will be used only for the purpose for which you gave it to us.

From time to time we may send you product information (including special offers) in the mail or by email. If you would like to change your personal information or update your email notification settings, login to the LA Fitness website with your username and password, then click My Account.

If you would like your account to be removed from the LA Fitness website, please email info@lafitness.co.nz

 

13. Warranty

LA Fitness warranty policy covers any fault, defect or failure occurring as a result of the manufacturing process. The warranty covers manufacturing defects only. It does not cover any faults caused by lack of maintenance, misuse, incorrect assembly or normal wear and tear. Our 1 Year Parts & Full Labour warranty only applies to purchases of new machines and not second hand/ex hire machines.  

All Commercial Cardio Equipment comes with our Full 1 Year Parts & Labour Warranty ONLY when accompanied with an annual servicing plan. For more information on our Commercial servicing plans please email service@lafitness.co.nz

1 Year Parts & Labour Warranty

Here’s what you need to do:

If you have a warranty issue please contact us immediately.

Call our Customer Service Team at 0800 452 348 (leave a voice message if no reply) or email us: service@lafitness.co.nz. Clearly state what the problem is and include the following information:

• Invoice number
• Date of purchase
• Description of item
• Best daytime contact number
• If possible a photograph of the fault or damage

We will contact you within 1-2 working days to arrange the best solution for you.

 The terms are very simple:

• Any item that is found to have a manufacturing defect within the stated warranty period will be repaired or exchanged within 10 working days.
• The first year of the warranty covers absolutely all costs (parts, service and freight).
• We guarantee to have the parts and a service team to fix any fault for a minimum of twelve months and all parts are free of charge for that 1 year period. (The cost of fitting those parts and any relevant freight will be charged to you the customer after the 1 year period)
• If your goods are outside the warranty period we can still repair them, however the cost of the repair including any freight will be charged to you the customer.
• We will always meet or exceed our full obligations to provide a remedy as required under the Consumer Guarantees Act.
• Unless otherwise stated in writing, the warranty applies to use in a “normal” domestic environment only.
• All warranty claims must be accompanied by an original invoice.
• LA Fitness warranty is only provided to the original purchaser and is not transferrable to any other party.
• LA Fitness warranty policy covers any fault, defect or failure occurring as a result of the manufacturing process. The warranty covers manufacturing defects only. It does not cover any faults caused by lack of maintenance, misuse, incorrect assembly or normal wear and tear.
• After inspection if any machine that has been returned and found to have faults due to incorrect assembly the freight costs for return and/or replacement will be charged to the Customer and you will be notified of this in writing.

Common misuse is:

• Not operating the Goods in accordance with the operating manuals.
• The Goods are subject to impact or sudden movement or continual relocation.
• The Goods are used to hold loads in excess of the rated weight.
• The Goods are operated in a reversing fashion (operation of opposite direction when the system is in motion).
• The defect or failure is due to the Goods not being used for the purpose for which they were specified.
• The Customer or any third party altering the Goods in any way different to the condition in which they were supplied or installed or the Customer or unauthorised persons attempting repair of the Goods.
• The defect or failure is due to environmental conditions of the Customer’s site causing deterioration (e.g. outdoor use).

For more information on servicing and for operation manuals see our Service - Repairs & Maintenance page.

 

14. Shipping & Delivery

We only ship within New Zealand. We do not accept international orders.

NOTE: Please choose your order carefully as we cannot make changes after it has been invoiced and shipped.

For Purchased Goods

Orders for purchased goods will be shipped freight FREE near major towns and cities. However rural deliveries may incur a freight charge. If you are unsure please contact our customer service team at 0800 452 348 or email: info@lafitness.co.nz

PLEASE NOTE: WE DO NOT DELIVER TO PO BOX ADDRESSES. Please provide either a home address or work address.

Delivery times:
Orders confirmed and paid before 2.00pm will normally be dispatched on the same business day. (Mon – Fri)
Orders confirmed and paid after 2.00pm will normally be dispatched on the next business day. (Mon – Fri)

• For delivery of Fitness Equipment allow 3-5 working days approx. (Delivery to Rural addresses normally takes an extra 1-3 days)
• All orders are shipped using track and trace and require a signature upon delivery. (Unless authority to leave has been given to the freight company prior to delivery).
• Orders placed on weekends and/or a New Zealand public holiday will be processed on the next business day.
• If for some reason we cannot fulfil your order within the specified time frames you will be notified by email of the new delivery time.
• Orders paid for by credit card are securely processed in "real time" when you place your order. They will normally be dispatched on the same business day if received before 2.00pm.

NOTE: Only VISA and MasterCard credit cards will be accepted.

• If you wish to pay via Direct Credit / Internet Banking or Bank Transfer you will need to contact our customer service team on 0800 452 348. The goods will be shipped upon confirmation that your payment has been received. Payments normally take 24-48 hours to reach our account.
  

Door to Door standard delivery:  

• Products are delivered securely to your doorstep only, by courier or transport.
• Door to door standard delivery service requires easy access to ground level only. (No stairs)
• Some customer assistance may be required at time of standard delivery for heavier items such as treadmills. 
• Unless otherwise stated all deliveries are made between Monday & Friday.
• Before signing the delivery docket inspect your goods for signs of any damaged packaging. Write details of any damage on the delivery docket then sign it.
• You MUST notify us within 24hrs of any internal or external damages to your goods. Call our Customer Service Team at 0800 452 348 (leave a voice message if no reply) or email: info@lafitness.co.nz
• Assembly is not included.

Rural deliveries:

• NOTE: Delivery to Rural addresses normally takes an extra 1-3 days.
• Please provide a day time contact phone number so the Rural Courier can contact you to organise delivery of your goods.

For Hired Goods

Hire Online is only available between Wellington, Kapiti and Palmertson North. If you are outside this area and are interested in hiring then please call us on 0800 452 348.

Delivery days are Tuesday PM, all day Thursday, Friday AM and Saturday AM by arrangement. You can state your preferred time when placing an online hire order or you can ring us on 0800 452 348 or email info@lafitness.co.nz. Once your order has been placed we will call you as soon as possible to confirm a suitable delivery time.

We charge a total of $50 for delivery/return of equipment. $25 to deliver and $25 to pick up the equipment. If you wish to collect the machine yourself, you will not be charged for delivery but you will be charged the $25 pick up fee which is paid in advance as a bond. If you return the equipment back to us we will refund this. 

To aid in the delivery to where you wish the item to be located, please notify us of any stairs, tight paths/ hallways or any difficult obstructions which may require additional staff for delivery.  

IMPORTANT:

• Upon delivery you will be required to present a valid photo ID, this is to confirm that the Hirer is the person receiving the goods. If you are unable to be present when the goods are delivered, please let us know when your delivery is being scheduled.

• You will also be required to confirm an alternative phone number as well as complete our security bond form. The security form means that we require no physical cash bond as security.

On arrival our delivery driver will inspect the access to the desired location if he deems it to be excessively difficult or risk of damage you have the option of having it delivered to the just inside the front door or sign a waiver of damage for LA Fitness, if you choose this option our delivery staff will take all precautions to install it without damage but accept no responsibility if damage to walls, door frames etc does occur. 

Please see the full terms and conditions in our rental policy for more information.

 

15. 7 Day Money Back Guarantee

We pride ourselves on getting things right. That doesn’t mean we’re perfect. If you are not 100% satisfied with your purchase we will happily accept your return under our 7 Day Money Back Guarantee policy.

The conditions:

1. Notify us by email info@lafitness.co.nz within 7 days from the purchase date on your invoice.
2. Return the goods to our Wellington warehouse, at your cost, in as new condition with all packaging (internal and external), accessories and manuals complete and in as new condition and accompanied by the original sales invoice.
3. DO NOT return the goods until you have received your “Return Approval No.”
4. We will refund the value of the goods as per the invoice.
5. 7 Day Money Back Guarantee does not apply to Hire Equipment. Any issues or complaints regarding rental equipment please contact service@lafitness.co.nz as soon as possible.
6. 7 Day Money Back Guarantee does not apply to Faulty or Damaged goods. Faulty or Damaged goods are processed under our Warranty Terms & Conditions
7. A restocking fee may apply if the goods are returned damaged or not in the same condition they were originally shipped in.

Here’s what you need to do:

Send an email to: info@lafitness.co.nz within 7 days from the purchase date on your invoice notifying us that you wish to return your goods under the “7 Day Money Back Guarantee Policy”.

• Tell us your invoice number
• Date of purchase
• Model name
• Reason for requesting the return. eg. “Goods differed from images on website”.
• Your bank account for the refund to be deposited into.

We will contact you within 2-3 working days to confirm acceptance of your Return request and to notify you of the delivery address and provide you with a “RA No.” (Returns Approval No.)

DO NOT return the goods before first making contact with our Customer Service Team and receiving a “RA No.”. When you send the goods back to us please write your “Return Approval No.”and name on the outside of the package.

Goods must be returned within 7 days from receiving your “Return Approval No.” otherwise they will not be accepted under the 7 Day Money Back Guarantee Policy.

PLEASE NOTE:

1. Goods can only be returned after you have received your “RA No.” from us.
2. A refund will be made via internet banking.
3. For additional information on our return policies, please contact our Customer Service Team at 0800 452 348, or email info@lafitness.co.nz

 

16. The 10kg Challenge

Sign up to rent any piece of Cardio Equipment for 6 months.
When you sign up we weigh you in and record your weight.
On your 6 month anniversary we will reweigh you, and if you have lost 10kg or more, then you WIN your machine. IT'S THAT SIMPLE!

 

Additional Conditions on top of the Rental Policy:

• The 10kg loss must be at the end of 6 months to promote a healthy rate of weight loss.
• If you fail to weigh in on your 6 month anniversary you are liable for any rental fees that continue to accrue until you complete the challenge and weigh in.
• If you lose 10kg's during the 6 months you must keep the weight off until the end of the 6 month hire period.
• The machine you receive depends on the availability at the time of sign up. If we have an ex hire machine available you will receive an ex hire machine. If no ex hire machines are available a new machine will be assembled for you.
• We will do our best to get you the newest available machine.
• When you win your machine you will be covered with a 12 month warranty.
• Ownership of the equipment will be transferred upon final payment of any outstanding rental fees.
• The challenge is only deemed as completed upon final weigh in and payment.

If at the end of the 6 months you did not lose the 10kg's you have the following options:

• Continue the challenge for another 3 months and if at the end of those 3 months you have lost 10kg's or more you win the machine.
• You can purchase the machine at a discounted price. Please contact us for further information on 0800 452 348 or info@lafitness.co.nz
• You can return your machine.

 

17. Rental Policy

I.    TOTAL RENTAL RATE PAYABLE IN ADVANCE:

The Hirer agrees to pay before delivery the amount specified as the Total Due before Delivery and where the Total Rental is payable Monthly in Advance, pay the Total Rental Rate for each month on the Payment Date in advance, until the end of the Term or the Earliest return date, or for as long as they still have the Sellers Equipment in their possession or until they terminate the Agreement in accordance with the terms and conditions herein.

The Hirer acknowledges that any amounts paid by the Hirer as a Security Deposit will be held by the Seller and either returned to the Hirer on termination of this Agreement unless otherwise applied in accordance with the provisions of this Agreement.

All invoices and statements will be emailed to the address provided. It is the Hirer's responsibility to ensure the address and contact information is correct and to notify the Seller of any changes. If the Hirer wishes to receive invoices or statements via the post the Hirer must notify the Seller via email at accounts@lafitness.co.nz

The Hirer must reimburse the Seller for all expenses due to:

1. Calls made for pick-up, service or for any other reason for which an appointment was made and has not been kept by the Hirer;
2. Calls for collection of overdue payments.

II.    LATE PAYMENT CHARGES:

The Hirer agrees to pay an administration fee not exceeding $25.00 when any payment is not received by the Seller on the due Payment Date. In addition the Hirer shall pay daily interest on overdue monies from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at the Seller's sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.

III.    SERVICE:

The Seller agrees to keep the Equipment in good working order and service the same whilst the Hirer meets its obligations. Service on the Equipment may be carried out only by the Seller's own technicians or authorised agents. The Equipment may be replaced, if decided by the Seller, and any replacement Equipment will then be deemed to be Equipment subject to the provisions of this Agreement.

IV.    DELIVERY:

Where the Seller has agreed to deliver the Equipment the Hirer shall make all arrangements necessary to take delivery of the Equipment as arranged. In the event that the Hirer is unable to take delivery of the Equipment as arranged then the Seller shall be entitled to charge a reasonable fee for redelivery. Delivery of the Equipment to a third party nominated by the Hirer is deemed to be delivery to the Hirer for the purposes of this agreement. The Seller shall not be liable for any losses or damages (howsoever arising) due to failure by the Seller to deliver the Equipment (or any part of it) promptly or at all where due to circumstances beyond the control of the Seller.

V.    TITLE:

The Equipment will at all times remain the absolute property of the Seller.

VI.    LOSS OR DAMAGE:

Despite Seller ship of the Equipment remaining with the Seller all risk for loss or damage to the Equipment passes to the Hirer on delivery. The Hirer must inform the Seller immediately of any loss or damage to the Equipment (or any part thereof). If the Equipment is lost or damaged the Hirer agrees to pay for the replacement or repair of the Equipment (as determined by the Seller) and to continue to pay rent as per this Agreement except that if this Agreement is being terminated then the rental shall only be payable until such time as the Equipment has been repaired or replaced unless otherwise specified as per clause 10.

VII.    ACCESS TO EQUIPMENT:

The Hirer must not move the Equipment from the Delivery Address without the prior written consent of the Seller. The Hirer agrees to provide the Seller (or its agents) reasonable access to inspect the Equipment at all times in order to confirm their existence, condition and proper maintenance. At the expiration of the Term or upon early termination unless the Hirer makes an alternative arrangement with the Seller, the Hirer must:

1. At their own expense, immediately return the Equipment to the Seller in the same condition as the Equipment was delivered to the Hirer (normal wear and tear excluded); or
2. If the Equipment is not in the Hirer's possession, the Hirer must give the Seller all the information that the Hirer has that might assist the Seller to locate the Equipment; and
3. If the Hirer fails to comply with (a) or (b) then clause 7 shall apply.

VIII.    SECURITY AT RISK:

If, in the Seller's opinion, there at any time occurs an event which (whether on its own or in conjunction with other events) could materially adversely affect the Hirer's ability to perform their obligations under this Agreement or which could materially adversely affect the Seller's security in the Equipment, the Seller (or its agents) may enter (as the invitee of the Hirer) the Delivery Address or any premises where it believes the Equipment may be located (without the necessity of giving notice) to search for and remove and take possession of the Equipment without being in any way liable to the Hirer or anyone claiming against it for so doing.

IX.    TERMINATION BY THE HIRER:

At expiry of the Term or the Earliest return date specified on the agreement the Hirer can:

1. Return the Equipment to the Seller;
2. Continue with the rental Agreement on a monthly basis. If the Hirer does not contact the Seller 2 days prior or return the Equipment to the Seller upon the Earliest return date the Hirer is deemed to continue the rental Agreement at the agreed Monthly Hire Rate until all Equipment is returned to the Seller or other arrangements are made in writing between the Hirer and the Seller.

If the Hirer wishes to end this Agreement before the end of the Term or Earliest return date, the Hirer may do so by returning the Equipment to the Seller and by paying the Seller fifty percent (50%) of the of balance of all rental payments which would have been due and payable up until the Earliest return date.

X.   BREACH OR DEFAULT:

The Hirer will be in default and will have repudiated this Agreement if the Hirer:-

1. Does not pay all rent and other amounts on time;
2. Does not keep the Equipment insured (unless the Hirer has paid insurance to the Seller in which case the Seller will insure the Equipment);
3. Becomes insolvent, bankrupt or becomes subject to any arrangement or composition, or as a business the Hirer enters receivership, liquidation or external administration;
4. Sells, hires, disposes of or encumbers the Equipment or attempts to do any of these things; or
5. Assigns or attempts to assign the Agreement.

If the Hirer repudiates this Agreement, the Seller may give the Hirer notice of termination of this Agreement in which event the Hirer must immediately:-

1. Pay any unpaid amounts (including, without limitation, rentals, late payment charges and fees accrued on these payments);
2. return the Equipment to the Seller;
3. Pay the amount of fifty percent (50%) of the balance of rental payments to the expiry of the Term as liquidated damages for early termination.
4. Following termination under this clause, if the Hirer does not return the Equipment as required under this Agreement despite any other provisions herein clauses 7 & 9 above shall become immediately applicable.

The Hirer must pay to the Seller on demand all costs, expenses, charges (legal, on a solicitor-own client basis, or otherwise) plus all financial institution or collection agency fees and charges sustained or incurred by the Seller or the Seller's agent in connection with the recovery of the Equipment and/or in attempting to recover any amount including rental, the Seller's interest charges (including those in respect to the funds it borrows to purchase Equipment as a result of the default), arrears of rental and late payment fees to which the Seller shall be entitled to under this Agreement or otherwise permitted by law and/or losses incurred or suffered by the Seller as a result of any default by the Hirer under this Agreement. In addition if the Hirer's payment is dishonoured for any reason the Hirer shall be liable for any dishonour fees incurred by the Seller.

XI.    SECURITY DEPOSIT:

The Hirer must pay to the Seller before delivery of the Equipment to the Hirer the Security Deposit specified to secure to the Seller the due performance by the Hirer of all of the Hirer's obligations under this Agreement. If the Hirer shall breach any of their obligations under this Agreement, the Seller shall have the right to apply the Security Deposit either in whole or in part towards the monies owing under this Agreement by the Hirer to the Seller and/or towards the cost of replacement or rectification, however, such application shall not prevent the Seller recovering from the Hirer damages for any breach of this Agreement if such damages are in excess of the amount of the Security Deposit. The Seller may ask for a Credit Card to hold in lieu of a Security Deposit. The Hirer gives the Seller permission to charge the Credit Card with any monies owing under this Agreement, however, such action shall not prevent the Seller recovering from the Hirer damages for any breach of this Agreement if such damages are in excess of the Credit Card limit or if the Credit Card declines the charge.

XII.    REFUNDS OF RENTALS PAID IN ADVANCE:

On the return of the Equipment the portion of the rentals paid by the Hirer in advance which have not then been utilised plus any Security Deposit (subject to clause 9 above) shall be refunded to the Hirer after deduction of any amount which may then be owed by the Hirer to the Seller under the terms of this Agreement.

XIII.    ASSIGNMENT OF RIGHTS:

The Seller reserves the right at any time to assign the benefit of this Agreement to any company or person.

XIV.    WHOLE AGREEMENT — WARRANTIES:

Upon delivery of the Equipment, the Hirer must inspect the Equipment and satisfy itself that it is in good operational order and condition. The Hirer must rely on its own skill and judgement as to the quality and condition of the Equipment and its fitness and suitability for any particular purpose. No warranties are given by the Seller in that regard, other than those implied by law and which cannot be excluded. To the extent permitted by law damages for breach of condition or warranty implied by law as to fitness and merchantable quality are limited to the repair or replacement of the Equipment with no liability for consequential damage. No employee or agent of the Seller is authorised to change any term of the Agreement or to make any warranties or representations about it, verbal or otherwise. The Seller shall not be liable for any consequential loss or damage (or any other loss or damage) whatsoever suffered by the Hirer and as a result of any malfunction, operation or unsuitability of the Equipment. For Equipment not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Equipment. The Seller shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Equipment.

XV.    NO WAIVER:

All the rights and powers of the Seller under this Agreement shall remain in full force despite any delay in their enforcement. The Seller shall not be deemed to have waived any of its rights or powers under this Agreement or any notice given under it unless it is expressly waived in writing by the Seller. Further no waiver by the Seller of any breach by the Hirer of this Agreement shall be deemed a waiver of any continuing or recurring breach.

XVI.    SEVERABILITY:

If any term or condition or any part of any term or condition of this Agreement or its application shall be or become illegal, invalid or unenforceable then the relevant term of condition shall be severed from this Agreement. The remaining terms and conditions or any part remaining term or condition shall not be affected, prejudiced or impaired and will continue to operate.

XVII.    ACKNOWLEDGEMENT BY HIRER:

This Agreement is a Rental Agreement. It is not an Agreement by the Hirer to purchase the Equipment. It is not an offer by the Seller to sell the Equipment to the Hirer in the future. The Agreement contains all the terms of the arrangement between the Seller and the Hirer. There are no oral terms. No representative of the Seller has the authority to vary or supplement this Agreement except in writing. No variation or supplementary or collateral Agreement will be recognised or be binding unless it is in writing and signed and acknowledged by the Seller. No term is 'to be implied other than by operation of law (including any statutory rights under consumer protection legislation). If the Hirer offers to buy the Equipment at any time after the Term the Seller may in its absolute discretion sell the Equipment to the Hirer subject to the Sellers normal terms and conditions of sale. However, the Seller has no obligation to sell.

XVIII.    IDENTIFICATION OF HIRER:

The Hirer will provide the Seller with a widely recognized form of photographic identification (for example, driver's licence or passport) before the Hirer enters into this Agreement and hereby authorizes the Seller to retain a copy of the same for the purpose of identifying the Hirer in the future. Where the Hirer is unable to provide such identification, the Hirer authorises the Seller to take a photograph of the Hirer and hold this photograph for the purpose of identifying the Hirer in the future.

XIX.    PRIVACY ACT:

The Hirer agrees to and acknowledges that the Seller (or its authorised agents) may give to and seek from any credit reporting agency and/or any credit providers names in the Hirer's rental application and credit providers that may be named in a credit report issued by a credit reporting agency, information about the Hirer's credit arrangements. This information can include:-

1. The Hirer's name, sex, date of birth, current address and last two addresses, current or last know employer and driver's licence number and expiry;
2. Any photograph taken pursuant to clause 18 of the Agreement;
3. The fact that the Hirer has entered into this Agreement and the value of the Equipment rented under this Agreement;
4. That the Hirer is 60 days of or more overdue in making a payment to the Seller and that steps have been taken to recover all or any part of the amount owed by the Hirer;
5. That the Hirer has paid out the Agreement;
6. That payments due by the Hirer to the Seller (whether by way of cheque, direct debit or otherwise, have been dishonoured on at least two occasions;
7. That in the Seller's option, the Hirer has committed a serious credit infringement;
8. That Court judgements and/or bankruptcy orders have been made against the Hirer.

XX.    EXPRESS AUTHORITY TO OBTAIN INFORMATION FROM THIRD PARTIES:

Without limiting the generality of clause 17 above, if the Hirer is in default under this Agreement and/or removes the Equipment from the Delivery Address without the Seller's prior written consent, the Hirer expressly authorises the Seller:-

1. To collect all information it may require about the Hirer from any third parties and authorises those third parties to release that information to the Seller; and
2. To hold all information given by the Hirer or any third party to the Seller; and
3. To use that information, including giving the information to any other person, to facilitate collection of debts owed by the Hirer and/or repossesses the Equipment from the Hirer.

XXI.    USE OF INFORMATION:

The information referred to in clauses 18, 19 and 20 above may be used for the following purposes and held on the following basis:

1. To assess the Hirer's rental application;
2. To collect payments that are overdue;
3. To notify other credit providers of a default by the Hirer
4. To exchange information with other credit providers as to the status of the Hirer's account with the Seller where the Hirer is in default with other credit providers;
5. To assess the Hirer's credit worthiness;
6. It will be held securely at the Seller's address specified;
7. The Hirer may request access to and correction of it at any time;

XXII.    INDEMNITY:

The Hirer indemnifies and shall keep indemnified and save harmless the Seller and the Seller's servants and agents from all damages, suits, actions, claims and demands of every description whatsoever and howsoever arising (whether directly or indirectly) because of, or incidental to the use, operation, or storage of the Equipment.

XXIII.    INSTRUCTIONS IN USE:

The Hirer acknowledges that they have received adequate instruction in the correct use of the Equipment which includes demonstration or verbal/written instructions.

XXIV.    PERSONAL PROPERTY SECURITIES ACT 1999:

The Hirer acknowledges that this clause 24 creates a security interest ("Security Interest") (as that term is defined in the Personal Property Securities Act 1999 ("PPSA")) in the Equipment. The Hirer will at the Seller's request promptly sign any documents, provide all necessary information and do anything else required by the Seller to ensure that the Security Interest constitutes a Perfected Security Interest (as that term is defined in the PPSA) including executing any variation to these terms and conditions reasonably requested by the Seller. The Hirer waives its right under the PPSA to receive a copy of a Verification Statement (as that term is defined in the PPSA).

If the Equipment have been supplied to the Hirer for the purposes of a business, the Hirer agrees, to the extent permitted by law, that the Hirer shall have no rights under the following provisions of Part 9 of the PPSA to:-

1. Receive a notice under section 114(1) (a);
2. Receive a statement of account under section 116;
3. Surplus distributed under section 117;
4. Recover any surplus under section 119;
5. Receive notice of any proposal of the company to retain collateral under section 120(2);
6. Object to any proposal of the company to retain collateral under section 121;
7. not have Equipment damaged in the event that the company was to remove an accession under section 125;
8. receive notice of the removal of an accession under section 129;
9. Apply to the Court for an order concerning the removal of an accession under section 131;
10. Redeem collateral under section 132;
11. Reinstate the contract under section 133;

XXV.    SECURITY & CHARGE:

Despite anything to the contrary contained herein or any other rights which the Hirer may have whatsoever;

1. Where the Hirer is the Seller of land, realty or any other asset capable of being charged, the Hirer agrees to mortgage and/or charge all of their interest in the said land, realty or any other asset to the Seller or Seller's nominee to secure all amounts and other monetary obligations payable under these terms and conditions. The Hirer acknowledges and agrees that the Seller (or the Seller's nominee) shall be entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable hereunder have been met.
2. Should the Seller elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Hirer shall indemnify the Seller from and against all the Seller's costs and disbursements including legal costs on a solicitor and own client basis.

The Hirer agrees to irrevocably nominate constitute and appoint the Seller or the Seller's nominee as the Hirer's true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause.

XXVI.    DIRECT DEBIT SERVICE AGREEMENT:

1. Drawings on the Hirer's account will be in accordance with the conditions set out on the reverse of the Hirer's signed Authority to Accept Direct Debits form, or in this Agreement, unless other arrangements have been approved via telephone or other means.
2. The Seller will not change the amount or the frequency of drawing arrangements without the prior approval of the Hirer.
3. The Seller shall give notice of variation to the frequency or amount of drawings by telephone or other means not less than 14 days prior to implementation.
4. In the event the Hirer wishes to make a request of deferment, an alteration to the frequency or amount of drawings to the Hirer's account, or to change accounts the Hirer must give the Seller 14 days’ notice. If the Hirer gives less than 14 days’ notice the Seller will charge the Hirer a fee of $25.00 which will be deducted from the Hirer's bank account.
5. The Seller will terminate the payment plan at the request of the Hirer in accordance with this Agreement. The Hirer should give the Seller notice at least 14 days prior to the next debiting date.
6. The Hirer shall direct all queries relating to the Hirer's debits to the Seller (not to the Hirer's bank).
7. When the due date falls on a non-business day the Seller will draw the amount on the next business day.
8. It is the Hirer's responsibility to ensure that sufficient funds are available in the nominated account to permit payment of the drawing on its due date.
9. The Seller reserves the right to cancel this Agreement if one or more drawings are returned unpaid. Each drawing returned unpaid will incur a dishonour fee not less than $10.00.
10. The Seller will keep all information pertaining to the Hirer's nominated account private and confidential.

18. Finance Terms

30 Months Interest free

GE Creditline Offer begins Sunday 1st November 2013 and ends Friday 31^st January 2013, or while stocks last. #30 Months Interest Free Terms & Conditions: From no deposit. *Excludes all Ex Hire Equipment. Minimum purchase of $1000. Credit and lending criteria, $55 establishment fee and $55 annual fee apply. Prevailing interest rate applies to any outstanding balance on the expiry of the interest free period. Advertised credit offer is available instore only and cannot be used in conjunction with any other LA Fitness promotional offer.

12 Months Interest free 
Offer ongoing for Gem Visa or GE CreditLine purchases between $500 & $1000. Credit and lending criteria, $55 establishment fee and $55 annual fee apply. Prevailing interest rate applies to any outstanding balance on the expiry of the interest free period. 
Credit offer available instore only and cannot be used in conjunction with any other LA Fitness promotional offer. Gem Visa and GE CreditLine are provided by GE Finance and Insurance.

6 Months Interest free 
Only available to current Gem Visa card holders for purchases $250 and over. Credit and lending criteria, $55 establishment fee and $55 annual fee apply. Prevailing interest rate applies to any outstanding balance on the expiry of the interest free period. 
Credit offer available instore and online and cannot be used in conjunction with any other LA Fitness promotional offer. Gem Visa and GE CreditLine are provided by GE Finance and Insurance.