Fitness Equipment Services – Terms & Conditions

 

Version 2.0 – Comprehensive Commercial & Industrial Edition

 

1. Definitions

1.1 "Contractor" means Azgone Enterprises Pty Ltd as Trustee for The Aaron Terry Family Trust trading as Fitness Equipment Services.

1.2 “Client” means any entity or person engaging the Contractor.

1.3 “Services” includes labour, servicing, repair, installation, consultancy and supply of goods.

1.4 “Site” means any premises where Services are performed.

1.5 “Terms” means these Terms and Conditions.

1.6 Headings do not affect interpretation.

 

2. Application and Incorporation

2.1 These Terms apply to every supply of Services by the Contractor.

2.2 Acceptance occurs upon the earlier of: (a) written acceptance of a quotation; (b) issue of a purchase order; (c) instruction to proceed; or (d) commencement of Services.

2.3 These Terms prevail over any purchase order or other document issued by the Client unless expressly agreed in writing by the Contractor.

2.4 The Contractor rejects any inconsistent terms contained in any document issued by the Client.

 

3. Quotations and Variations

3.1 Quotations are valid for 30 days unless stated otherwise.

3.2 Services are limited to the scope stated in the quotation.

3.3 Variations requested by the Client are chargeable at standard rates.

3.4 Where works are delayed more than 30 days for reasons not caused by the Contractor, pricing may be revised upon reasonable notice to the Client.

 

4. Mobilisation

4.1 Mobilisation commences when the Contractor departs its place of business or incurs labour allocation, travel or accommodation costs.

4.2 Mobilisation, travel and attendance costs are payable once mobilisation has commenced.

4.3 Charges remain payable regardless of whether works proceed, unless the failure to proceed is caused solely by the Contractor.

 

5. Site Access and Client Obligations

5.1 The Client must provide safe, lawful and timely access to the Site and equipment.

5.2 The Contractor may suspend or refuse to perform Services where, in its reasonable opinion, the Site is unsafe.

5.3 If the Contractor is prevented from performing due to denial of access, suspension, compliance failure or any act or omission of the Client, the Client is liable for: (a) mobilisation costs; (b) booked labour; (c) travel and accommodation; and (d) standby time at standard hourly rates.

 

6. Cancellation and Standby

6.1 Cancellation within 7 days of scheduled attendance may incur: (a) 50% of booked labour where notice is 2–5 days; (b) 100% of booked labour where notice is within 24 hours; plus any irrecoverable costs already incurred by the Contractor (including but not limited to parts ordered, travel and accommodation).

6.2 Standby time is chargeable at standard hourly rates.

 

7. Parts and PPSA

7.1 Parts are invoiced at time of order or supply and payable regardless of installation date.

7.2 Ownership remains with the Contractor until payment in full.

7.3 The Client grants a security interest under the Personal Property Securities Act 2009 (Cth).

7.4 The Contractor may register its interest and recover unpaid goods on reasonable notice.

7.5 Storage fees may apply after 30 days of delay caused by the Client.

7.6 Risk in any goods supplied passes to the Client upon delivery to the Site or when the Client (or its agent) takes possession, whichever occurs first.

 

8. Overseas and Export Work

8.1 These Terms apply to Services performed outside Australia.

8.2 Risk in goods supplied internationally passes upon delivery to carrier unless otherwise agreed.

8.3 All payments must be made in Australian dollars unless agreed otherwise.

8.4 The Client is responsible for local duties, taxes and import requirements.

 

9. Pricing and GST

9.1 All prices are exclusive of GST unless stated otherwise. 9.2 GST is payable in addition to quoted amounts.

 

10. Payment

10.1 Invoices are due and payable within 30 days from the invoice date.

10.2 Interest applies at 1.5% per month on overdue amounts.

10.3 The Contractor may recover reasonable legal and recovery costs.

10.4 Services may be suspended while payment remains outstanding.

  

11. Deposits – Remote and Mining Work

11.1 The Contractor may require a deposit covering estimated parts and mobilisation. 11.2 Attendance is not required until deposit is received.

 

12. Indemnity

12.1 The Client indemnifies the Contractor against any claim, loss, damage, liability, cost or expense to the extent arising from: (a) Site conditions; (b) acts or omissions of the Client or its personnel; (c) misuse or modification of equipment after service; (d) inaccurate information supplied by the Client.

12.2 This indemnity is continuing, independent and survives termination.

 

13. Limitation of Liability

13.1 Nothing excludes rights under the Australian Consumer Law.

13.2 To the maximum extent permitted by law, the Contractor’s total aggregate liability arising under or in connection with these Terms or the Services is limited to the total price paid by the Client for the relevant Services. The Contractor’s liability is further limited to repair, replacement or resupply.

13.3 The Contractor is not liable for indirect or consequential loss.

 

13A. Warranties

13A.1 The Contractor warrants that the Services will be performed with due care and skill.

13A.2 The warranty period for labour and workmanship is 12 months from the date of completion of the Services.

13A.3 Parts and goods supplied are warranted only to the extent of the manufacturer’s warranty (if any). The Contractor provides no additional warranty on parts.

13A.4 The Client’s sole remedies for breach of this warranty are repair, re-performance or replacement at the Contractor’s option.

13A.5 This warranty is in addition to any non-excludable rights under the Australian Consumer Law.

 

14. Insurance

14.1 The Contractor maintains appropriate public liability insurance.

14.2 The Client is responsible for its own insurance relating to its Site and equipment.

 

15. Force Majeure

Neither party is liable for delay caused by events beyond its reasonable control, including but not limited to natural disasters (such as floods, earthquakes or storms), war, terrorism, strikes, lockdowns, pandemics or supply chain disruptions. Either party may terminate if the delay exceeds 60 days.

  

16. Termination

16.1 Either party may terminate for material breach not remedied within 30 days.

16.2 Either party may terminate for convenience on 60 days’ notice. 16.3 Accrued rights survive termination.

 

17. Confidentiality

Each party must keep confidential information obtained in connection with the Services confidential except as required by law.

 

18. Notices

Notices must be in writing and may be delivered by email, post or hand. Email is deemed received on the day of transmission unless returned undelivered.

 

19. Assignment

The Client may not assign its rights without the Contractor’s written consent.

 

20. Subcontracting

The Contractor may subcontract any part of the Services without the Client’s prior consent.

 

21. Entire Agreement and Non-Reliance

These Terms constitute the entire agreement. The Client acknowledges it has not relied on any representation not expressly contained herein.

 

22. Survival and Severance

Indemnities, payment obligations, warranties and liability limitations survive termination. If any clause is unenforceable, the remainder remains valid.

 

23. Dispute Resolution

23.1 The parties must attempt to resolve any dispute arising out of or in connection with these Terms in good faith through negotiation.

23.2 If the dispute is not resolved within 28 days, either party may refer it to mediation before commencing legal proceedings (other than for urgent interlocutory relief).

 

24. Governing Law

These Terms are governed by the laws of Queensland, Australia, and the parties submit to its courts.