Terms and Conditions
GYM EQUIPMENT & SHEDS
The terms & conditions set out below apply without variation to every contract entered into by Purple Palm Agency here in after referred to as the ‘Company’ for the sale of Goods, materials and services unless the variations thereto is expressly agreed to, in writing by the Company.
General: Whilst every effort has been made to ensure that the information contained on this website and in our brochures is current and accurate, Purple Palm Agency cannot be held liable for any errors, omissions or price changes. Due to continuous product development specifications may change and we may substitute a product for one of similar or better quality – please confirm upon order.
PURPLE PALM AGENCY MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT OUR COMPANY AND PRODUCTS ON THIS WEB SITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEB SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.
Please consult your Doctor before using any fitness / gym equipment purchased.
All products featured on this web site are subject to availability.
Acceptance: All orders accepted by the Company will be subject to these Conditions of Sale. If the Purchaser issues his own Purchase Order containing Conditions of Purchase these Conditions of Sale shall be deemed to be incorporated in such Purchase Order and shall override any conflicting provision of the Purchase Order.
Pricing: All prices quoted on this web site or otherwise are valid for 14 days and are exclusive of Value Added Tax (unless stated otherwise). Delivery and installation charges shall be payable in addition to the price of the Goods. Prices are subject to change at any time without prior notice although every effort is made to maintain them.
Payment: Prices and Value Added Tax and carriage charges are strictly net and payment is due at the time of order placement (unless stated otherwise) when the full invoice value becomes due. Payments can be made by EFT, Cash, Debit/Credit Card or by Cheques which are to be made payable to Fitness Breakthru.
Delivery: The delivery time stated is an estimate only and shall not be considered a contractual obligation. The Company shall not be liable for any loss or damage sustained by the Buyer due to the Company’s inability to maintain the delivery times so stated. The Goods will be at the Buyers risk when delivered to the Buyer (please refer to note 1 ‘DELIVERY OF GOODS BY A THIRD PARTY CARRIER’). The Company’s obligation to deliver Goods is subject to circumstances beyond the Company’s control as (but not limited to) strike, floods, fires, machine breakdown or any other conditions of force majeure.
Delivery & Installation Charges: All Goods are “flat packed” and are accompanied with explicit installation instructions. As all boxed dimensions vary.
Specifications: All technical data, dimensions, weights, colour, etc., stated on this web site are a guide only, and no guarantee is given or implied that Goods will conform in absolute detail to the descriptions and illustrations. The Company reserves the right to amend specifications and to withdraw Goods from its product portfolio without prior notice.
Suitability: Other than expressly stated within the online Catalogue or anywhere else on this web site, the Company makes no representations as to the fitness or suitability of any Goods for any purpose whatsoever.
Warranty – General: In addition to all benefits conferred on the Buyer by statute, Purple Palm Agency guarantees all Goods offered for a period of one year (in RSA only unless stated otherwise) from the date of sale, provided that:
|(A)||It is established to the reasonable satisfaction of Purple Palm Agency that some part of the material used in manufacture was defective, and that the Goods have been returned to Purple Palm Agency.|
|(B)||The Goods have not been subject to misuse or abuse of any kind or used beyond the environmental conditions specified in the Goods Brochure or Technical Manual (where applicable).|
|(C)||This Guarantee does not extend to fair wear and tear.|
|(D)||It is established that any reported malfunction is not a direct consequence of incorrect self-assembly by any persons other than an Authorised Purple Palm Agency installer.|
|(E)||This warranty extends only to you, the original purchaser. It is not transferable to anyone who subsequently purchases the Product from you.|
|(F)||All original spares that are purchased (outside of the standard manufacturer’s parts warranty) carry a limited three month warranty cover.|
- This warranty applies to only the original purchaser and is not transferable.
- Under no circumstances will Purple Palm Agency be liable by virtue of this warranty or otherwise for damage to any person or property whatsoever for any special, indirect, incidental, secondary or consequential losses, damages, or expenses in connection with exercise products.
- This warranty is expressly limited to the repair or replacement of a defective component of Purple Palm Agency manufacture. Repair or replacement will be at the discretion of Purple Palm Agency, and is the sold remedy of the warranty.
- Use of the equipment in any environment that is subject to excessive temperatures or moisture (including excessive perspiration on the equipment) may void the warranty.
- This warranty does not cover normal wear and tear – including, but not limited to: cables, belts, chains, wearguards, powder coat finishes, upholstery cuts or any other incidental damage as a result of regular use and attrition.
- This warranty does not cover damage that is not a result of a manufacturer defect, including improper assembly, inadequate maintenance, or installation of other parts or components not manufactured or supplied by Purple Palm Agency.
- This warranty does not cover damage or failure as a result of an accident, abuse, corrosion, use of the device other than its intended purpose, discoloration of paint or plastic, neglect, theft, vandalism, fire, flood, lightning, freezing or other natural disasters, collision, or unauthorized modifications.
Body Solid In-Home Warranty: If any Body-Solid product fails structurally under normal usage, we will repair or replace without charge to you. This Warranty does not extend to any Product that has been damaged or rendered defective; (a) as a result of accident, misuse, or abuse; (b) by the use of parts not manufactured or sold by Body Solid; (c) by modification of the Product; (d) as a result of service by anyone other than an authorized Body Solid warranty service provider. Should any product submitted for Warranty service be found to be ineligible, an estimate of repair cost will be furnished and the repair will be made if requested by you and upon receipt of payment or acceptable arrangement of payment.
Commercial/Domestic/Rehabilitation/Treadmills/Steelflex Cardiovascular Equipment: Limited warranty cover (i.e. on a parts only basis) applies to all customers in remote / outlying areas (i.e. areas outside major centres such as Johannesburg, Pretoria, Cape Town, Port Elizabeth, Durban and Bloemfontein). Customers in remote areas will be liable / responsible to deliver the faulty Goods purchased to one of the major centres listed above for repairs. Repairs are not charged in the first year of cover provided that any faults found have not been caused by abuse or misuse. If the latter is found then repairs are only executed once an estimate of the repair has been presented to the owner and the owner agrees on paying for the repairs.
Cancellation: You may cancel your order for a full refund prior to your order being shipped. If you cancel your order after it has been shipped, but before its received, you are responsible for any and all freight charges incurred by your cancellation. Any unpaid freight charges will be deducted from your refund.
Shortages or Damages: When the courier company delivers your order, count the pieces you receive and look for any noticeable damage. There is a label on each box that states the total number of pieces you should receive. If the number of pieces you receive does not exactly match the number of pieces on the delivery note, note the number you received on the delivery note / waybill. If you see any visible damage to the equipment, note that on the delivery note / waybill. Neither Purple Palm Agency nor the courier can be held responsible for shortages or damages if you do not note them on your delivery note. All damage and shortage claims must be filed with the courier. Questions regarding shortages and damages call Purple Palm Agency Customer Service on 086 111 4191.
Exchanges or Returns: Our exchange and return policy is simple. Call 086 111 4191 between 08:30 and 17:00 Monday through Friday, to make arrangements to send back the piece(s) you need to exchange or return. All returns and exchanges must be shipped back freight prepaid and must arrive in a new condition and in the original cartons/packaging.
Please contact Purple Palm Agency within 7 Days from the day you receive your Goods in order to arrange an exchange / return. Returns may be subject to a 20% restocking charge. This restocking fee is applicable in circumstances where goods have been installed and dismantled (and may show physical signs of this), returned without being placed in their original packaging or if found, that certain components/manuals are missing from the product upon a returns inspection. Refunds may be obtained on completed returns or for the difference in exchanges. Shipping and handling charges are the responsibility of the customer and are not refundable. We do not offer refunds or accept exchanges on orders for spare parts.
Transaction Currency: All quotations, Pro-forma Invoices and Tax Invoices will be in South African Rands (unless otherwise stated).
Country of domicile: Purple Palm Agency is a proudly South African Company.
Export Transactions: Purple Palm Agency is a registered Import / Export Company. It is Company policy that no Goods can be released / dispatched for export purposes until full payment is received in advance.
FAILURE TO OBSERVE THE CLAIMS PROCEDURE CAN INVALIDATE THE COMPANY’S CONTRACTUAL LIABILITY UNDER THESE CONDITIONS OF SALE.
This does not affect your statutory rights as a consumer.
SHEDS TERMS AND CONDITIONS
- We supply garden type DIY sheds suitable for storage of garden tools and suchlike items.
- The sheds are featured on our website and are subject to availability.
- The sheds are available for viewing at 100 Heugh Road, Walmer, Port Elizabeth.
- It is advisable and important that prospective purchasers view the sheds at the above premises.
- Please see features on our website.
- Shed panels are manufactured with cream colour coated hot dipped galvanized corrugated steel sheeting. The framework is also hot dipped galvanized steel for a long-lasting life span. Corrosion and oxidization of the zinc coating on galvanised metals may appear after installation and rain but it will not affect the integrity of the steel.
- The sheds are not constructed or intended to be fully water and damp proof. Purchasers must take measures to prevent water and damp damage to items susceptible to water and damp damage such as storing such items in waterproof containers or taking additional measures to improve the water and damp proof sealing of the sheds. We do not undertake liability for weather damage to items stored in the sheds.
INSTALLATION AND ASSEMBLY
- The sheds come with installation and assembly instructions.
- Before purchasing and attempting installation and assembly, purchasers must familiarize themselves with the instructions available on our website.
- Although the sheds are DIY units, DIY experience and skills are required ranging from medium to advanced level.
- Two people are required to assemble and erect the smaller sheds. The assistance of a third person is required to place the four walls of the larger sheds into position. Before and thereafter two people will be sufficient.
- Care must be taken in regard to the surface on which the sheds are installed. The surface must be stable and level. Lawns, soil and other soft surfaces do not provide sufficient support.
- A concrete base with slab at least 8-10cm thick is recommended. Cement pavers also provide a suitable base. In the case of pavers, the outer two layers of paving should be cemented into the ground to provide sufficient support. The sheds must be anchored to the pavers.
- Take note of the detail and sizing contained in the installation and assembly instructions.
- The sheds must be so located that entry of water into the sheds and water running off the roof of the sheds do not pose a risk.
16. To avoid any accidental injury during installation and assembly, have regard to the safety gear recommended in the installation and assembly instructions. (Exposed sharp edges etc.)
- Please be sure the day you select for installation is calm and dry. Do not attempt to assemble your shed in windy weather because of risk of personal injury or damage to panels.
- We provide a six-month warranty against defects in the manufacturing and materials used for the units.
- Our offices must be informed in writing of the details of any defect in the sheds within three days of the defect materializing.
- We do not undertake liability for defects or consequences resulting from lack of skill in the assembly and installation of the product or improper installation or assembly.
- The sheds are not burglar and theft proof. We do not undertake liability for loss or damage due to burglary or theft.
- The sheds can be locked with a padlock.
- We may be able to assist with transport and delivery of the units. Please contact our offices to determine whether we are able to do so and for further details and quotes in this regard.