Terms of service

Conditions of Sale

Please read and accept these terms and conditions ("Conditions") before making a purchase from the GravityFit website.

1. Interpretation

"Buyer" means the person with whom the Company is contracting;
"Company" means GravityFit Pty Ltd;
"Order" means an order request submitted by the Buyer for the Products via the Company's website as updated from time to time;
"Products" means the products made available for sale by the Company from time to time.

2. Application of Conditions

These Conditions shall apply to all contracts made or to be made by the Company for the sale of the Products. The proper completion and transmission to the Company of an Order and/ or payment for Products by the Buyer shall constitute unqualified acceptance by the Buyer of these Conditions. Any conditions submitted, proposed or stipulated by the Buyer in whatever form and at whatever time are expressly waived and excluded.

3. Prices

The price of the Products shall, unless otherwise stated by the Company in writing, be the price listed by the Company at the time of ordering the Products.

The price of the Products is exclusive of (a) any Goods and Services Tax and other taxes and duties payable and (b) the costs of postage, packaging and delivery which may be applicable (unless expressly stated otherwise) and these costs and taxes shall be payable by the Buyer.

4. Payment

Payment shall be made in full (including GST and other taxes and the costs of postage, packaging and delivery if applicable) by the Buyer at the time of placing the Order for the Products with the Company.

5. Delivery

The time for delivery shall not be of the essence and any delivery dates are intended as an estimate only.

The Company shall not be liable for any loss or damage arising directly or indirectly from delay in delivery. The Company shall be deemed to have delivered the Products when the Products are delivered to the place specified by the Buyer on the Order. After delivery, the Products shall be at the Buyer's sole risk in respect of all loss or damage arising from any cause whatsoever.

6. Claims

To the extent permitted by law, all conditions, warranties or obligations whether express or implied by statute, common law or otherwise are excluded and the provisions of these Conditions shall apply in lieu thereof.

The Company shall not be liable for a defective Product unless (a) the Buyer gives written notice to the Company as soon as possible and in any case within seven (7) days of delivery specifying with reasonable detail any matter whereof it is alleged the Product is defective and (b) the defective Product is returned carriage paid at the Buyer's risk to the Company's premises.

The Company's liability whether based on negligence or any other cause of action shall be limited to repairing or replacing the damaged or defective product or, at the Company's option, repaying the price paid by the Buyer and the Company shall not have any other liability to the Buyer whatsoever.

No claim will be met by the Company under this clause if, in the opinion of the Company (a) the defect is not due to defective materials or manufacture or (b) the Product has been misused, subjected to neglect or unreasonably dealt with in any way.

The warranty contained in this clause is specifically limited to the Buyer in respect of Products actually manufactured by the Company. No warranty is made to any other person, whether a subsequent buyer or user, or any employee, agent or otherwise.

7. Liability

All descriptions, representations, specifications, samples, illustrations and other particulars provided by the Company or in trade literature or other documents issued or authorised by the Company are given for general information purposes only and the Buyer acknowledges that it is not entering into the contract in reliance upon any such description, representation, specification or other particular.

To the extent permitted by law and except to the extent specifically provided for in these Conditions, the Company shall not be liable for any loss, damage or injury however caused or arising (whether by the Company's negligence or otherwise) from any defect in, failure in, or unsuitability for any purpose of, the Products. The Company shall not in any event be liable for any indirect or consequential loss whatever and however caused.

8. Export Terms

Where the Products are supplied for export from Australia, the Buyer shall be responsible for complying with any legislation, rules or regulations governing the importation of the Products into the country of destination and for the payment of any duties, taxes or levies thereon.

The Buyer shall be responsible for arranging for the testing and inspection of the Products, if required, at the Company's premises before shipment.

9. Waiver

No failure or delay by the Company in exercising any right under these Conditions shall operate as a waiver thereof or extend to or affect any other or subsequent event or impair any rights or remedies consequent thereon or in any way modify or diminish the rights of the Company under these Conditions.

10. Assignment

The Buyer shall not assign or transfer or purport to assign or transfer any contract to which these Conditions apply or the benefit thereof to any other person.

11. Severance

If any condition or part of any condition shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable in any way, such invalidity or unenforceability shall in no way impair or affect any other condition or part of any condition all of which shall remain in full force and effect.

12. Notices

Any notice to be given under these Conditions may be delivered, or be sent by first class pre-paid post to the address for such party last known to the party giving the notice or may be transmitted by email to the email address of such party last known to the party giving the notice.

13. Governing Law

The place of this contract is Queensland, Australia. These Conditions shall be governed by and construed in accordance with the law of the State of Queensland and the Buyer submits to the jurisdiction of the Courts in that State.