TERMS & CONDITIONS
LIFE FITNESS NEW ZEALAND
COMMERCIAL TERMS & CONDITIONS OF SALE
Effective date: [Insert NZ effective date]
These Commercial Terms & Conditions of Sale (“Terms”) apply to all sales of products, parts and services by Life Fitness New Zealand, including Hammer Strength (together, “Life Fitness”, “LF”, “we”, “us”), to the purchaser (“Buyer”, “you”).
1. Agreement
These Terms constitute the entire and continuing agreement between Life Fitness and Buyer for the supply of all products, parts and/or services (“Products”) ordered by Buyer. No additional or inconsistent terms proposed by Buyer (including on purchase orders or other documents) will apply unless expressly accepted in writing by Life Fitness.
2. Delivery
(a) Delivery dates
Life Fitness will use reasonable commercial efforts to meet agreed delivery or installation dates. Delivery dates are estimates only. Life Fitness is not liable for any loss, including indirect or consequential loss, arising from delay in delivery.
Where delays are not caused by Buyer, Buyer will not be subject to price increases or fees solely due to Life Fitness failing to meet an agreed delivery date.
(b) Buyer delays
Delays or delivery holds requested by Buyer, or caused by Buyer’s failure to provide required information or access (“Buyer Factors”), may result in delivery delay fees and/or price adjustments.
If Buyer requests an extension of the delivery date of more than 30 days from the original agreed delivery date:
Buyer must pay 50% of the total invoice value at the time of the extension request; and
Buyer must pay a monthly delivery delay fee of 1% of the total invoice value until delivery occurs.
These fees do not apply if Buyer requests the extension at least 60 days prior to the original delivery date.
3. Partial shipment
Life Fitness may offer partial shipment where Products become available at different times. If accepted, Life Fitness may invoice for Products shipped. Partial shipment does not relieve Buyer of its obligation to accept and pay for the remainder of the order.
4. Risk and title
Risk of loss passes to Buyer when the Products leave Life Fitness’s nominated warehouse or distribution facility. Title passes upon full payment. Any storage costs arising from Buyer delays after dispatch will be borne by Buyer.
5. Payment terms
Invoices are payable within 30 days from the invoice date unless otherwise agreed in writing. Life Fitness may require advance or staged payments and may withdraw credit at any time subject to law.
Late payments may accrue interest at 3% per month or the maximum rate permitted by law. Buyer is responsible for all applicable taxes, duties and charges unless a valid exemption applies.
If Buyer becomes insolvent, enters administration or liquidation, or Life Fitness reasonably believes Buyer’s financial position has materially deteriorated, Life Fitness may require immediate payment or adequate assurance of payment.
6. Governing law
These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
7. Returns
Returns must be requested within 10 days of delivery. Returns are subject to Life Fitness approval and a Return Material Authorisation (RMA).
Custom or built-to-order Products are non-refundable.
Approved returns are subject to a 20% restocking fee.
Freight, installation and handling costs are non-refundable.
8. Order changes and cancellations
Orders cancelled or materially changed within 60 days of delivery (or 90 days for built-to-order Products) will incur a 20% cancellation or restocking fee.
9. Acceptance
Products are deemed accepted unless Buyer provides written notice of rejection within 10 days of delivery, specifying defects. Life Fitness may remedy defects at its discretion. Acceptance cannot be revoked once confirmed.
10. Warranty
Products are supplied with the applicable Life Fitness manufacturer’s limited warranty, available at www.lifefitness.com.
Parts are warranted for 90 days from delivery. Warranty claims require an RMA. Returned parts must be received within 30 days or an unreturned equipment charge may apply.
To the extent permitted by law, all other warranties are excluded.
11. Consequential loss
To the maximum extent permitted by law, Life Fitness is not liable for any indirect, incidental or consequential loss, including loss of profit, revenue or business interruption.
12. Limitation of liability
Life Fitness’s total liability arising out of any order is limited to the purchase price paid for the relevant Products.
13. Insurance
Life Fitness’s standard insurance cover is sufficient to meet its obligations under these Terms.
14. Indemnity
Life Fitness will indemnify Buyer for third-party claims for personal injury or property damage caused solely by Life Fitness’s negligence or a manufacturing defect, subject to Buyer complying with all installation, maintenance and usage requirements.
15. Force majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, pandemics, labour disputes, supply shortages or government action. Delivery timelines will be extended accordingly.
16. Termination
Life Fitness may terminate this agreement immediately if Buyer becomes insolvent or ceases business. Subscription services are governed by Life Fitness’s Master Subscription Agreement.
17. Waiver and priority
No waiver is effective unless in writing. These Terms supersede all prior agreements and prevail over Buyer documentation.
18. Severability
If any provision is invalid, the remaining provisions remain enforceable.
19. Price adjustments
Prices may be adjusted due to external factors including material costs, freight, exchange rates, regulatory changes or Buyer delays. Where agreement cannot be reached, Life Fitness may cancel the order with applicable restocking fees.
20. Price escalation
For agreements exceeding 12 months, prices may be reviewed annually or earlier if significant cost increases occur.
21. Bolt-down requirement
Certain strength equipment must be bolted down for safety. Buyer is responsible for compliance with installation requirements.
22. Assignment
Neither party may assign these Terms without consent, except as part of a corporate restructure or sale.
23. Authority
Life Fitness distributors and sales representatives are not authorised to vary these Terms or provide additional warranties.
24. Ethics and compliance
Both parties will comply with applicable anti-bribery, anti-corruption, anti-slavery and tax compliance laws.
Life Fitness New Zealand
LIFE FITNESS NEW ZEALAND
DIRECT TO CONSUMER TERMS & CONDITIONS OF SALE
Products Only – No Parts or Services
These Direct to Consumer Terms & Conditions of Sale (“Terms”) apply to the sale of fitness equipment products only (excluding parts and services) by Life Fitness New Zealand, including Life Fitness, Cybex, SCIFIT and Indoor Cycling Group (ICG) (together, “Life Fitness”, “LF”, “we”, “us”) to the purchaser (“Buyer”, “you”).
1. Agreement
These Terms constitute the entire agreement between Life Fitness and Buyer for the purchase of Products. Any additional or inconsistent terms proposed by Buyer do not apply unless expressly accepted in writing by Life Fitness.
2. Delivery
Life Fitness will use reasonable commercial efforts to deliver Products within estimated timeframes. Lead times may be up to 16 weeks, depending on product availability and supply chain conditions.
Delivery dates are estimates only. To the maximum extent permitted by law, Life Fitness is not liable for any loss (including indirect or consequential loss) arising from delay in delivery.
3. Partial shipment
Life Fitness may ship Products in instalments as they become available. Each shipment may be invoiced separately. Partial shipment does not relieve Buyer of its obligation to accept and pay for the remainder of the order.
4. Risk and title
Risk of loss passes to Buyer upon delivery of the Products to the nominated delivery address. Title passes upon full payment of all amounts owing.
5. Payment
Life Fitness will issue invoices for Products supplied. Unless otherwise agreed in writing, payment is due within 30 days of the invoice date. Life Fitness may require full or partial payment in advance.
All prices are stated in New Zealand Dollars (NZD) unless otherwise specified and may include freight, handling and applicable taxes. Buyer is responsible for all applicable GST and other government charges.
Late payments may accrue interest at 1.5% per month or the maximum rate permitted by law. Buyer is responsible for reasonable enforcement and recovery costs incurred by Life Fitness to the extent permitted by law.
6. All sales final
All sales are final. No returns, refunds or exchanges are permitted except as expressly set out in sections 7 and 8, or as required under the Consumer Guarantees Act 1993.
7. Refunds prior to shipment
Before shipment of cardio or strength training Products (excluding dumbbells, kettlebells, medicine balls or weight plates), Buyer may cancel the order for a full refund.
8. Returns for defect or error
Within 15 days of delivery, Buyer may contact Life Fitness to request a return only if:
the Product is defective;
the Product was damaged in transit; or
an incorrect Product was supplied.
At Life Fitness’s discretion, this may include:
return of new, unused Products for replacement or credit; or
return of non-stocked or used Products for a repurchase price.
All authorised returns require a Return Material Authorisation (RMA). Products must be returned in original packaging (where applicable) with the RMA clearly marked. Life Fitness is not responsible for damage caused by improper packaging or return shipping.
9. Acceptance
Products are deemed accepted unless Buyer provides written notice within 15 days of delivery specifying any defect, transit damage or incorrect supply. Where accepted, Buyer’s sole remedy is repair, replacement or refund at Life Fitness’s discretion, subject to applicable law.
10. Warranty
Each Product is supplied with a Life Fitness manufacturer’s limited warranty, available on the applicable Life Fitness brand website.
To the extent permitted by law, this warranty is Buyer’s sole remedy. All other warranties, express or implied, including warranties of merchantability and fitness for purpose, are excluded except where such exclusion is not permitted under the Consumer Guarantees Act 1993.
11. Consequential loss
To the maximum extent permitted by law, Life Fitness is not liable for indirect, incidental or consequential loss, including loss of profit, revenue, business interruption, loss of use or replacement power costs.
12. Limitation of liability
Life Fitness’s total liability arising out of or relating to the sale of any Product is limited to the purchase price paid for that Product, except where liability cannot be limited under New Zealand law.
13. Indemnity
Life Fitness will indemnify Buyer against third-party claims for personal injury or property damage to the extent caused by Life Fitness’s negligence or a manufacturing defect, subject to compliance with installation, use and maintenance instructions.
14. Force majeure
Life Fitness is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, pandemics, labour disputes, supply shortages, transportation delays or government action. Delivery timelines will be extended accordingly.
If a force majeure event materially increases the cost of supply, Life Fitness will provide reasonable notice and Buyer may elect to cancel the affected order.
15. Termination
Life Fitness may terminate this agreement for convenience by providing 15 days’ written notice. Buyer remains responsible for payment of all Products supplied prior to termination.
16. Waiver
Any waiver must be in writing and applies only to the specific instance for which it is given.
17. Governing law
These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
18. Severability
If any provision is found unenforceable, the remaining provisions remain in full force and effect.
Life Fitness New Zealand