Terms of Trade

Price

All prices quoted are subject to GST. The price of the goods will be our current prices at the date of delivery. Prices may be amended without prior advice.

Orders

Accepted by email, fax or in writing.

Goods in Transit

Goods transported to Buyer’s place of storage or point of installation by GYMGURU shall be carried at GYMGURU risk. Goods transported to Buyer’s place of storage or point of installation by Buyer or an agent of the Buyer shall be carried at Buyer’s risk. Goods transported to Buyer’s place of storage or point of installation by a freight carrier authorised by GYMGURU shall be carried at GYMGURU risk on the condition that any loss or damage to Goods in transit be notified to GYMGURU within 48 hours of receipt of Goods and any damage etc. must be noted on the consignment note at the time of delivery. Failure to do so may result in a claim for loss or damage not being accepted by the carrier or GYMGURU. Where you require GYMGURU to freight the goods to you urgently, or in a manner which is not usually used by GYMGURU we reserve the right to charge you for any additional freighting expenses incurred.

Goods in Storage

Goods held in storage by Buyer at any place other than GYMGURU premises are stored at Buyer’s risk.

Contract

The contract acceptance of the GYMGURU quotation and the terms in the quotation, read together with these Terms and Conditions, shall be the conditions of the contract.

Title and Security

i) Title in any Goods supplied by GYMGURU passes to the Buyer only when the Buyer has made payment in full for all Goods provided by GYMGURU and of all other sums due to GYMGURU by the Buyer on any account what so ever. Until all sums due to GYMGURU have been paid in full, GYMGURU has a security interest in the Goods.

ii) If the Goods are attached, fixed or incorporated into any property of the Buyer, by way of any installation process by the Buyer or any third party, title in the Goods shall remain with GYMGURU until the Buyer has made payment in full for all the Goods and where those Goods are mixed with any other property so as to be part or a constituent of any new Goods, title to those new Goods shall be deemed to have been assigned to GYMGURU as security for the full satisfaction by the Buyer of the full amount owing by the Buyer to GYMGURU.

iii) The Buyer gives irrevocable authority to GYMGURU to enter any premises occupied by the Buyer on which the Goods are situated at any reasonable time after default by the Buyer or before default if GYMGURU believes a default is likely and to remove and repossess any Goods and any other property to which the Goods are attached or into which they have been incorporated. GYMGURU shall not be liable for any costs, damages, expenses or losses incurred by the customer or any third party as a result of such action. GYMGURU may either resell any repossessed Goods and credit the Buyer’s account with the net proceeds of sale (after deduction of all repossession, storage, selling and other costs) or may retain such Goods and credit the Buyer with a sum comprising the invoice value less such sum as GYMGURU reasonably determines on account of wear and tear, depreciation, obsolescence, loss of profit and costs.

Payment

Accounts are due for payment on the 20th of the month following date of invoice unless otherwise stated on invoice. Failure to pay the contract price or any instalments there of on due date shall constitute a breach of this contract and GYMGURU shall be entitled to exercise any or all of its rights in respect of non-payment and without prejudice to its rights may suspend or terminate the contract and/or enter upon the premises where the products are situated and take possession and remove the same and re-sell such products and apply the proceeds in or towards the payment of the purchase price. GYMGURU shall be entitled to recover from the Buyer all costs and expenses incurred by GYMGURU in the recovery of the debt including collection fees, service charges and solicitor to client legal costs. In addition, GYMGURU shall be entitled to charge penalty interest on the unpaid account balance at a rate equivalent to that which trading banks charge commercial customers on unarranged overdrafts from the time the payment was due, calculated on a daily basis.

Warranty

For a period of 3 years from the purchase date of original invoice (deemed to be the date describing the goods sold), GYMGURU will guarantee all components that employ moving parts. This warranty excludes:

  • Accidental damage (e.g. caused by heavy machinery, automobiles and park maintenance equipment).
  • Damage caused by neglect where the onset of a defect should have been identified through the implementation of a routine inspection and maintenance programme.
  • Damage due to vandalism, abnormal use, cosmetic deterioration, normal wear and tear, abnormal climatic conditions (e.g. high acid content in air or extreme exposure to marine conditions) or accidental damage.
  • Goods not installed strictly in accordance with our instructions are not guaranteed.

For a period of three years from the date of original invoice (deemed to be the date describing the goods sold), GYMGURU reserve the right to replace or repair in an appropriate manner any damaged components (other than those listed above) at its expense. After three years, any costs relating to the removal and refitting of components will be at the client’s expense. Aspects of this warranty may become invalid if a kitset and working bee structures are not installed according to manufacturer’s instructions.

Installation

Where the quotation specifically includes the installation of the materials, the quotation is upon the basis that the Buyer will at its own expense provide (a) suitable access to the site in all weather conditions for vehicles used by the company; regulations and bylaws.

Excavation

Installation prices are quoted on the understanding that all foundations are in soil (100 KPa) with no rocks, concrete, roots or other obstructions. Should this not be the case, the company reserves the right to recover any extra costs incurred.

Services

The Buyer is to check with relevant Local Authorities, Regional Councils and other relevant bodies, to accurately establish the existence and position of service pipes or cables on any site. The position of these services to be notified to GYMGURU prior to installation of equipment.

Liability

All equipment is designed and installed in the belief that it is safe for use by children and conforms to the relevant New Zealand Standard. However, all equipment is sold on the condition that it is accepted by the purchaser at the purchaser’s risk. On request, GYMGURU can advise on maintenance procedures and will supply a maintenance programme guideline for the equipment but it is the purchaser’s responsibility to implement and maintain a programme of routine inspection and maintenance.

Modifications

GYMGURU is constantly upgrading and developing their range of equipment. In line with this policy we reserve the right to modify the design or specification of components.

New Zealand Standards

GYMGURU equipment has been designed to satisfy the recommendations of NZS5828 and should elements of this standard change or the standard be superseded, GYMGURU will undertake at that time to accommodate any such changes in future designs.

OSH Requirements for Working Bees

Where GYMGURU has undertaken to supply a supervisor for a ‘Working Bee’ installation, under the Occupational Safety and Health requirements the Buyer shall be considered the principal employer and shall take all reasonable steps towards ensuring a safe workplace for all those involved in the installation.

Council Permits

It will be the client’s responsibility to obtain any relevant building permits etc. should they be required. GYMGURU can assist in this process but any additional costs (Engineers Reports, Producer Statements Engineering etc.) will be borne by the client.