TERMS & CONDITIONS
Customer Health & Safety
All equipment provided by Prime Fitness Hire & Sales (the “equipment”) to the renter is used at the renter’s own risk. Before using any fitness equipment, or starting any programs of strenuous exercise, please consult your physician. The customer further acknowledges that while the functions and attributes of the equipment may be explained by Prime Fitness to the customer that in no way has Prime Fitness recommended the suitability of this equipment for the customer and that this advice needs to be acquired from a medical practitioner.
By entering into this agreement the renter is agreeing to waive certain legal rights, including the right to sue Prime Fitness and each of its directors, officers, employees, representatives and agents (collectively, “Prime Fitness Hire & Sales”).
Assumption of Risk
By entering into this agreement, the renter hereby acknowledges that:
a) the use of the equipment exposes the renter to certain risks and hazards;
b) as a result of the aforesaid risk and hazards, the renter may suffer serious personal injury or bodily harm;
c) the renter nevertheless freely and voluntarily assumes all of the aforesaid risks and hazards, and the possibility of serious personal injury or bodily harm resulting therefrom, and that the use of the equipment shall be entirely at the renter’s own risk;
d) Prime Fitness Hire & Sales does not assume any responsibility whatsoever for the renter’s safety in connection with the use of the equipment; and
e) by entering into this agreement, the renter will be forever prevented from suing or otherwise claiming against Prime Fitness Hire & Sales for any loss or damage connected with any personal injury, bodily harm or other adverse consequence sustained or experienced by the renter.
Condition of Equipment Prime Fitness Hire & Sales exercises precaution in keeping our equipment in good condition and in correct working order prior to the usage of the equipment by the customer. The customer undertakes to return the equipment to Prime Fitness Hire & Sales in the same condition it was at the effective date of renting. Normal wear and tear is expected and accepted by Prime Fitness Hire & Sales. All equipment lost or damaged beyond repair shall be paid for by the customer at the price the equipment was being sold for at time of renting. All damaged equipment which may be repaired will be repaired by Prime Fitness Hire & Sales and the customer shall pay for the cost of such repairs.
Customer Possession of Equipment
The customer assumes all responsibility for the equipment while out of the possession of Prime Fitness Hire & Sales. The customer shall be liable for any loss, theft, damage, or destruction of the equipment regardless of who uses the equipment. The equipment shall be at the risk of the customer from the time of delivery into the possession of the customer and until collection by Prime Fitness Hire & Sales.
Prime Fitness Hire & Sales will make repeated effort to contact the renter to confirm they would like to have the equipment collected/returned instead of rehiring , however if the renter is not contactable Rental charges will apply to any equipment not returned on the due date without prior arrangement. These charges will be at the same previous period & rate for the items of equipment concerned.
In the event of the customer being in default of payment of any rental charges, or Prime Fitness Hire & Sales deems the contract void, or payment default by the customer of any other charges of fees or any condition hereof, Prime Fitness Hire & Sales shall be entitled to forthwith rescind this agreement, with 48 hours notice to the customer, and shall then be immediately entitled to retake possession of the equipment.
Scheduled rental rates begin when the customer takes possession of the equipment if payment is not already arranged prior to delivery in which case the rental period commences on the date the equipment is delivered to an agreed address.
End of Rental Payments
Rental payments end on the last day of the rental.
Renewing the Agreement
At the end of any period of rental in respect of which Prime Fitness Hire & Sales has received payment from the customer, the customer will have the option to re-rent the equipment at the same rental rate & duration. If no contact is made after 3 days from expiry date, the hire will automatically be reissued & the hirer’s credit card debited for another 3 months. (There is no refund on unused hire).
The customer will, in the event of moving to a new place of residence (or in the case of a business, to a new place of business), notify Prime Fitness Hire & Sales prior to such change, whereupon Prime Fitness Hire & Sales shall have the option to forthwith rescind this agreement and be entitled to immediate collection of the equipment at a charge of $100.00 + GST to the customer. The customer hereby warrants and undertakes that he/she will not move the equipment from the address of the customer shown on the face of this document without having first obtained the consent of Prime Fitness Hire & Sales, in writing, prior to moving the said equipment. The customer shall have sole responsibility for any damage caused during moving the equipment, regardless of any potential consent granted by Prime Fitness Hire & Sales to move the equipment.
Delivery & Setup
Prime Fitness Hire & Sales agrees to deliver the equipment to the customer subject to any delivery charges. Any delivery charges will be made clear to the customer prior to purchase by the customer. Prime Fitness Hire & Sales agrees where practical and reasonable to assist to locate the equipment within the delivery address, however the customer agrees to indemnify Prime Fitness Hire & Sales from any claim of damages or injury that occurs to the premises, the customer or any other person involved in or incidental to the handling of the equipment during delivery or collection.
Return of Faulty Equipment
Equipment that is faulty can be exchanged with Prime Fitness Hire & Sales. If goods are faulty, Prime Fitness Hire & Sales will deliver another piece of equipment of the same or better model and collect the faulty equipment. There shall be no charge to the customer for this service, or additional charge should the replacement model be of a higher rental rate. If there is no fault with the machine the customer shall be charged $150.00 for the call-out.
Release of Liability, Waiver of Claims and Indemnity
The renter hereby acknowledges and agrees:
1.TO ABSOLUTELY AND IRREVOCABLY WAIVE ANY AND ALL CLAIMS, DEMANDS OR ACTIONS that the renter may have or may in the future have against Prime Fitness Hire & Sales and TO RELEASE Prime Fitness Hire & Sales in connection with: any and all liability, harm, cost and expense for any and all personal injuries, loss, damage, expense or injury including death that the renter may suffer, or that the renter's next of kin may suffer resulting from or arising out of the renter's use of the equipment DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, COMMON LAW, EQUITY OR OTHERWISE, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF Prime Fitness Hire & Sales;
2.TO HOLD HARMLESS AND INDEMNIFY Prime Fitness Hire & Sales from any and all liability for any damage to property of or personal injury to any third party, resulting from or arising out of such third party’s use of the equipment;
3.This rental agreement shall be effective and binding upon the renter's heirs, next of kin, executors, administrators, assigns and representatives, in the event of the renter’s death or incapacity;
4.This agreement and any rights, duties and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the State of Victoria and no other jurisdiction.
In entering into this agreement, the renter acknowledges that he or she is not relying upon any oral or written representations or statements made by Prime Fitness Hire & Sales with the respect to the safety of the equipment, other than what is set forth in this agreement, and that he or she has had the opportunity to seek independent legal advice prior to entering into this agreement.
THE RENTER CONFIRMS AND ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT AND IS AWARE THAT BY ENTERING INTO THIS AGREEMENT HE/SHE IS WAIVING CERTAIN LEGAL RIGHTS WHICH THE RENTER OR HIS/HER HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST Prime Fitness Hire & Sales. IN ADDITION, THE RENTER ACKNOWLEDGES AND AGREES THAT Prime Fitness Hire & Sales HAS RELIED UPON THE PROVISIONS IN THIS AGREEMENT THAT EXCULPATE, EXCLUDE, LIMIT, INDEMNIFY OR RELEASE Prime Fitness Hire & Sales FROM ANY CLAIM, DEMAND, LITIGATION, PROCEEDING, DAMAGE, LOSS, LIABILITY, HARM, COST, EXPENSE, OR INJURY THEY MAY INCUR OR SUFFER WHETHER ARISING IN CONTRACT, TORT, NEGLIGENCE, COMMON LAW, EQUITY OR OTHERWISE AND BUT FOR SUCH PROVISIONS Prime Fitness Hire & Sales WOULD NOT HAVE ALLOWED THE RENTER TO USE THE EQUIPMENT.
Please Note: All pictures on this website are for Illustration purposes only - models do vary in appearance but all have the same features.
All hire and purchases are subject to our terms and conditions found at the bottom of the web page.
FREE Delivery Melbourne and Geelong! (Conditions apply)
At Prime Fitness we are committed to bringing you the best brands at the lowest possible prices.
Free delivery is available for your purchase with conditions detailed below:
Delivery is free to every suburb within Metropolitan Melbourne.
Deliveries over $349 are also delivered free to all suburbs of Geelong metro as defined in the Australian federal electoral division of Corio map found HERE
Free delivery is on selected items only where marked in the item description
Delivery outside of these areas will incur a surcharge and be added to the order total.
Free delivery is offered due to the concentration of customers within high density cities of Melbourne and Geelong and frequent travel within these areas, therefore it is not based off distance and a 30km trip to Healesville from Ringwood is not equal cost of time or travel than 30km trip to West Footscray where there is multiple customers on the way forth and back needing routine servicing or pickups.
Due to health and safety regulations delivery is to front door, ground level only - Deliveries outside of these areas are at the carriers discretion and not guaranteed
Delivery times are between 9am and 5pm Monday to Friday unless discussed and agreed prior. A definitive time cannot be guaranteed
For sale items once payment has cleared goods are dispatched and delivery is made within 14 days of dispatch - times will vary depending on location
For heavy items over 35kg driver will need some assistance, no allowance is made to provide an extra person to assist nor a tailgate or forklift at delivery for both purchase items or hire. Should these be required an additional charge will be added to the total order.
Due to the size of some delivery vehicles, Prime Fitness or any carriers delivering on behalf of us MUST be informed of ANY restrictions regarding access for the delivering vehicles. This includes but not limited to, steps (including those required to climb to gain access to the property entrance), any overhanging/low trees/shrubs, steep driveways, non paved flat surfaces eg dirt or gravel driveways or no walkways from the front gate to the door narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. Prime Fitness will not accept any claims for compensation arising from non/failed/refused delivery of any item where the carriers or we were not made aware of any points regarding access restrictions. In the event that the item is refused/cancelled due to these restrictions, the customer is liable for all carriage charges & a 20% re-stocking fee will be applied. In the case delivery was offered free for a completed order or service then a delivery fee will be deducted from the refund of the non delivered item/service.
If you are not sure of your exact location or are in a remote area and need a delivery quotation please don't hesitate to speak to one of our service team on 0405026028 Mon-Sat 9am-5pm (EST) or email us at [email protected]