Grays Fitness NZ

Terms & Conditions

1. General

A. In these terms and conditions, the "Company" refers to Grays Equipment Limited. "Equipment" refers to all equipment supplied or yet to be supplied by the Company to the Customer. The “listing” refers to the advertised listing on the Grays Fitness website.

B. Any Equipment supplied by the Company to the Customer will be supplied on the basis of these terms and conditions.

C. Should any one of the provisions outlined in this agreement become invalid or void it shall not affect all other remaining provisions.

D. If the contract between Grays Fitness Equipment and the customer is breached there shall be a limit to damages. The company’s liability limit shall not exceed the cost of the equipment. 

2. Payment

A. Unless agreed in writing all equipment must be paid in full (including shipping) before collection or shipping to the customer.

B. If the customer were to receive the equipment prior to the equipment being paid in full the customer must ensure the balance payable to the company is made within 14 days. 

C. The customer shall be liable to pay any Legal costs in relation to the company acquiring collection of the amount outstanding which is owed to the company. The Customer shall be liable to pay all expenses and costs (including legal costs as between solicitor and the company) in relation to the Company obtaining or attempting to obtain a remedy for the failure to pay any amount owing.

D. It is agreed that all outstanding payments shall be payable by the customer  upon demand by the company. It is also agreed that an interest rate of 10% shall be applied monthly to the goods and charged to any amount outstanding that the customer owes the company. The interest rate will be applied to the customers balance owing following the failure to pay the outstanding amount 1 month after payment falls due.  

3. Delivery and Risk

A. The customer agrees that delivery timeframes provided by the company are only estimates and are not guaranteed. The company will endeavour to meet these timeframes but will not be held liable if they are not met. The delivery timeframe if exceeded will not have any affect whatsoever on the validity of these terms and conditions. Only if the estimated delivery timeframe exceeds 3 months from the maximum delivery timeframe estimated will the customer be eligible for a refund on the equipment purchased. 

B. The customer agrees that all risk in the transportation of the equipment supplied by the company shall pass to the customer upon the equipment leaving the premise of Grays Fitness. Any damaged caused by the shipping carrier in the delivery of the goods shall remain between the customer and the carrier.  

4. Retention of Title

A. It is agreed by the Customer that property/ownership of the equipment shall not pass from the Company to the customer until the Customer has paid all amounts owing for the equipment. 

B. The customer agrees that until such time as a deposit or full payment of the equipment has been received by the company that the equipment quoted to the customer may be sold to another customer should they make payment first. At no time does a quoted items imply that it is being held for the customer. 

C. If the customer were to receive the equipment and subsequently default in in part or full payment. The customer will be requested to yield ownership and possession of the equipment. If the customer fails to yield possession the customer authorises the company to enter the customers premises of which the goods may be located for the purpose of recovering any equipment. The Company will not be liable for any damage caused to the customers premise in the recovery of the equipment. 

5. Returns Policy

A. All returns are to comply within accordance of the Consumers Guarantee Act 1993. Under the Consumer Guarantees Act 1993 (‘CGA’), you have guaranteed legal rights for goods or services you buy. These are called consumer guarantees, and include the following: 

- A guarantee that the goods are of acceptable quality, such that the goods are: 

- fit for all the purposes for which goods of that type are commonly supplied

- free from minor defects 

- safe 

- durable

- acceptable in appearance and finish

- A guarantee that the goods are fit for any particular purpose made known by you, or for which we represent that they are or will be fit

- A guarantee that the goods correspond with any description with which the goods are supplied

- A guarantee that the goods correspond with any sample or demonstration model where the goods are supplied by reference to such sample or model. 

B. If the goods or services we supply do not meet a consumer guarantee, we will meet our obligations under the CGA to provide a remedy. 

C. Grays Fitness holds the right to complete repair on any minor failure that may occur and has the right to explore all options in remedying any issue before providing a refund.  

D. If a failure amounts to a major failure, you are entitled to return the goods and choose to have a replacement (if available) of the returned goods or a refund. Alternatively, you may elect to retain the goods and obtain compensation for the reduction in value of the goods. Where you choose a replacement, we will where available, provide goods of the same type and/or similar value to the returned goods. 

E. The customer acknowledges that items sold by grays fitness are sold in a variety of conditions as described in their listing. These include "as traded”, "serviced", "refurbished" or "new". As such customers acknowledge and accept that products sold will not be completely accurate to the original manufacturer’s specifications. The differences may include, parts used in the repair process, Paint colouring, internal components and software/hardware.  

F. Grays Fitness will not be required to offer any refunds on products where the consumer has a change of mind 7 days following the delivery of the item. Contact with Grays fitness must be made within these 7 days from receipt of delivery for a change of mind return to be accepted. Any returns where the consumer has changed their mind about the product and the product is returned and deemed to be in complete working order, the customer will be refunded the original cost, less original shipping cost and return shipping cost. The return shipping cost will be quoted at the time of contact. Grays fitness will also charge a 15% restocking fee on the value of the equipment purchased. 

G. Grays fitness will not accept any return of equipment where the equipment is deemed to have been damaged or broken by the customer.

6. Privacy

A. The customer agrees and authorises the Company to collect, hold and use personal information about the Customer for the following purposes: 

- assessing the Customer’s ability to service any debt incurred

- disclosing customer details to a third party for the purpose of recovering any outstanding debt owed to the company.

- marketing our goods and services supplied by the Company.

B. The Company will immediately stop sending marketing material to the Customer should the Customer request this in writing.

C. The Customer has the right to assess and correct any information the Company holds about the Customer.

7. Warranty

A. Any Warranty will be extended to only the original purchaser. The Warranty is not transferable to any other party. Proof of this may be asked for when the customer is claiming return or repair to their equipment under warranty. 

B. The warranty does not cover the misuse of equipment, equipment failure due to lack of maintenance and general wear and tear.  

C. Please check our warranty page in this link here for more information. By purchasing the equipment the customer accepts the terms of the warranty.

1. Terms and Conditions

By accessing the website at, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Grays Fitness’ website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Grays Fitness’ website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Grays Fitness at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Grays Fitness’ website are provided on an ‘as is’ basis. Grays Fitness makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, Grays Fitness does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Grays Fitness or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Grays Fitness’ website, even if Grays Fitness or a Grays Fitness authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Accuracy of materials

The materials appearing on Grays Fitness’ website could include technical, typographical, or photographic errors. Grays Fitness does not warrant that any of the materials on its website are accurate, complete or current. Grays Fitness may make changes to the materials contained on its website at any time without notice. However Grays Fitness does not make any commitment to update the materials.

6. Links

Grays Fitness has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Grays Fitness of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Grays Fitness may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of New Zealand and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.