Terms of Sale & Warranty

1. Purpose, Application and Contract DocumentsContents ↑

1.1This Policy regulates quotations, order acceptance, deposits, payments, stock allocation, Special-Order Goods, Customised Equipment, manufacturing, international shipping, delivery, installation, cancellation, returns and refunds.

1.2The supplier is Pilates Warehouse (Pty) Ltd, registration number 2024/664635/07 ("Pilates Warehouse", "we", "us" or "our"). The purchaser identified in the Order Record is the "Purchaser" or "you".

1.3The contract is formed by this Policy, the accepted quotation or invoice, the Order Record, every final written specification or approved proof, the applicable Limited Equipment Warranty and any written variation signed or electronically accepted by both parties.

1.4If documents conflict, applicable law prevails first, followed by a signed product-specific variation, then the accepted quotation or Order Record for price and product-specific matters, this Policy for sales, delivery, cancellation and returns, and the Limited Equipment Warranty for defects and warranty claims.

1.5A version issued after an order was concluded does not retrospectively change that order unless the parties agree to the change in writing.

1.6If the Purchaser is a company, close corporation, partnership, trust or other juristic person, it must state in the Order Record whether, at the date of signing, its total asset value or annual turnover equals or exceeds R2 million (or any other threshold determined under section 6 of the CPA). The Purchaser warrants that this answer is correct and that the signatory made reasonable enquiry before giving it. Pilates Warehouse relies on this answer in administering the order. If the answer is incorrect, the Purchaser is liable for any loss Pilates Warehouse suffers as a result.

1.7The contract documents listed in clause 1.3 are the entire agreement between the parties for the order. The Purchaser confirms that it has not relied on any statement, image, brochure, social-media post, estimate or representation that is not recorded in those documents.

2. DefinitionsContents ↑

Authorised Representative: the director of Pilates Warehouse or a person whom the director has designated in writing to the Purchaser as authorised to bind Pilates Warehouse. No other employee, installer, carrier or agent may vary the contract, give a firm delivery date or waive a right of Pilates Warehouse.

Business Day: a day other than a Saturday, Sunday or South African public holiday.

Commencement Date: the date on which Pilates Warehouse has received the required cleared deposit, the order has been accepted, and every specification, artwork approval, measurement, site detail and other item reasonably required to begin procurement or production has been supplied and approved, as confirmed in the Commencement Notice issued under clause 5.8.

Commencement Notice: the written notice issued by Pilates Warehouse under clause 5.8 confirming the Commencement Date.

Contractual Longstop Date: the latest contractual delivery date stated in the Order Record, as adjusted only by a Purchaser-caused delay, an agreed variation, or a permitted Delay Event extension under clause 6.

Customised Equipment: Equipment procured, manufactured or altered to Purchaser-approved non-standard dimensions, upholstery colour, finish, branding, configuration or product features, including Custom-Branded Equipment.

Custom-Branded Equipment: Equipment printed, engraved, embroidered, plated, labelled or otherwise marked with a Purchaser-supplied or Purchaser-approved logo, trade name, trade mark, slogan, artwork, colour scheme or other identifying material.

Delay Event: an event outside Pilates Warehouse's reasonable control that directly delays manufacture, transport, import, release or delivery, as described in clause 6.

Delivery Date: the date on which Equipment is delivered to the agreed premises, or collected by or for the Purchaser where collection is agreed.

Equipment: every Pilates machine, apparatus, spare part, accessory or other product identified in the order.

Estimated Lead Time: a good-faith planning estimate calculated from the Commencement Date. It is not a fixed or guaranteed delivery date.

In-Stock Equipment: Equipment physically available and allocated to the Purchaser in South Africa when the order is accepted.

Special-Order Goods: goods that Pilates Warehouse is expressly or implicitly required or expected to procure, create or alter specifically to satisfy the Purchaser's requirements, consistently with the CPA definition.

Standard Import Equipment: catalogue Equipment that is not held in stock in South Africa when the order is accepted and is ordered from the manufacturer for the Purchaser's order. Standard Import Equipment ordered specifically to satisfy the Purchaser's order, and not acquired for general stock, is procured to satisfy the Purchaser's requirements and is treated as Special-Order Goods to the extent permitted by law.

Written / in writing: includes a signed document, email, WhatsApp message or other traceable electronic communication that can be retained and reproduced.

3. Quotations, Order Acceptance and Stock AllocationContents ↑

3.1A quotation is valid for the period stated on it and is an invitation to place an order. An order is accepted only when Pilates Warehouse confirms acceptance in writing and receives any required cleared deposit.

3.2Stock, production capacity, supplier availability, freight space and quoted exchange-rate assumptions may change before acceptance. Equipment is not reserved merely because a quotation has been issued.

3.3After acceptance, the order must be classified as In-Stock, standard import, Special-Order or Customised. An order may contain more than one classification, in which case the relevant provisions apply item by item.

3.4The Purchaser must check the product model, quantity, dimensions, use classification (home or commercial, as described in the Limited Equipment Warranty), colour, accessories, delivery address, installation scope and price before accepting the order. Pilates Warehouse remains responsible for its own material misdescription or departure from an accepted written specification.

3.5No oral statement changes an accepted order. A variation is effective only when its scope, price effect and timing effect are recorded in writing by an Authorised Representative and accepted by the Purchaser. A delivery date is a firm date only if it is recorded as a firm date in the Order Record or in a written variation signed by an Authorised Representative; every other date, forecast or statement by any person is an estimate.

3.6Obvious clerical, calculation or transcription errors must be raised promptly. Neither party may unilaterally change a concluded contract; any correction that affects price, product or timing requires agreement or a lawful cancellation and refund.

4. Price, Deposit, Balance and OwnershipContents ↑

4.1Every quotation states the VAT-exclusive price, the VAT payable and the VAT-inclusive total. Delivery, off-loading, assembly, installation, travel, stairs, lifting equipment, storage, electrical work, mirrors, flooring and other site work are included only if specifically itemised.

4.2The required deposit and payment milestones are those stated in the accepted quotation or invoice. A deposit secures stock, procurement, production capacity and supplier commitments; the Purchaser authorises Pilates Warehouse to apply the deposit towards manufacturer, procurement, freight and related commitments for the order. Any deduction on cancellation is determined under clause 8.

4.3If a balance or required approval is overdue, Pilates Warehouse may pause procurement, dispatch, delivery or installation after notice. The Estimated Lead Time and Contractual Longstop Date move by the period of the Purchaser-caused delay and any reasonable remobilisation period disclosed in writing.

4.4Ownership of Equipment remains with Pilates Warehouse until the full purchase price and all agreed charges for that Equipment have been paid, to the extent permitted by law. Risk remains allocated in accordance with clause 9 and applicable law. Until ownership passes, the Purchaser must keep the Equipment at the delivery address and insured, may not sell, lease, encumber or remove it, and must immediately notify Pilates Warehouse if a landlord, financier, creditor or other person asserts a right over it. The Purchaser authorises Pilates Warehouse to notify the landlord of the delivery premises, and any other person, of Pilates Warehouse's ownership.

4.5Pilates Warehouse may not add a material charge that was not agreed. If additional work or cost becomes necessary because of inaccurate Purchaser information, a requested variation, failed delivery, unsafe access or another Purchaser-caused event, the work and charge must be quoted or otherwise disclosed before being incurred where reasonably possible.

4.6Unless the Order Record records credit terms approved by an Authorised Representative, the full balance and all agreed charges must be paid in cleared funds before the Equipment is released from the port, bonded store or Pilates Warehouse's premises for delivery or collection. Pilates Warehouse is not obliged to dispatch, deliver or install Equipment until payment is received, and any resulting delay is a Purchaser-caused delay.

4.7Any amount not paid on its due date bears interest at the rate prescribed under the Prescribed Rate of Interest Act 55 of 1975 from the due date until payment in full. No other fee or interest is charged for late or deferred payment.

4.8Where credit terms are granted to a juristic Purchaser, Pilates Warehouse may require, as a condition of credit, a written suretyship from the Purchaser's directors, members or trustees in a form acceptable to Pilates Warehouse.

4.9The price of imported Equipment is calculated at the exchange rate stated in the quotation. If, between order acceptance and Pilates Warehouse's final payment to the manufacturer, the rand cost of the foreign-currency amount still payable increases by more than 2%, Pilates Warehouse may increase the unpaid balance by the full amount of that increase by written notice with a supporting calculation. Within 3 Business Days after receiving the notice, the Purchaser may cancel the affected items by written notice, in which case Pilates Warehouse will refund the amounts paid for them, less any loss it suffers because amounts already paid or committed to the manufacturer or freight forwarder for those items cannot be recovered or recouped by resale, to the extent permitted by law. If the Purchaser does not cancel within that period, the adjusted price applies and is payable with the balance. The Purchaser may avoid any adjustment by paying the full price of the imported Equipment on acceptance, in which case the price is fixed.

4.10Where the Order Record or credit terms approved under clause 4.6 allow the balance, or any part of the price, to be paid on or after installation, that amount is due and payable on the earlier of: (a) the date on which installation is completed; or (b) seven (7) calendar days after the Delivery Date, unless the Order Record states a later date. If installation has not taken place by that date because of a Purchaser-caused delay referred to in clause 9.11, the amount remains payable on that date. The Purchaser may not withhold, defer, reduce or set off any part of it because installation, the opening of its studio or premises, or its intended use of the Equipment has been postponed. Clauses 4.7 and 18.9 apply to any amount not paid when due.

5. Imported and Special-Order Lead TimesContents ↑

5.1Unless the Order Record states otherwise, 10 to 14 weeks is a planning estimate and not a warranty or guarantee that delivery will occur by the end of week 14.

5.2The international supply process may include order confirmation, manufacture or procurement, quality checks, consolidation, export documentation, vessel booking, origin-port handling, ocean freight, transshipment, arrival in South Africa, berthing and off-loading, customs and port release, collection, local transport and delivery scheduling.

5.3Vessel departure dates, vessel ETAs, transshipment dates, berthing windows, customs-clearance estimates and local delivery forecasts are third-party estimates that can change repeatedly and are not separate contractual delivery promises.

5.4Unless a different period is stated in the Order Record, the default Contractual Longstop Date for imported or Special-Order Equipment is 18 weeks after the Commencement Date, subject to clause 6. The Estimated Lead Time and the Contractual Longstop Date serve different purposes.

5.5Pilates Warehouse will use reasonable efforts to progress the order promptly and coordinate with manufacturers, freight forwarders, shipping lines, clearing agents, ports, carriers and installers. Reasonable efforts do not amount to control over those parties or public authorities.

5.6Pilates Warehouse will provide written updates at meaningful milestones and when it receives a material change to the expected timing. Tracking data is based on information supplied by third parties, may be delayed or corrected, and is provided for information rather than as a guarantee.

5.7A movement in an Estimated Lead Time or third-party ETA does not, by itself, automatically cancel the order or create a refund right. The Purchaser's remedy for failure to deliver by the Contractual Longstop Date or an agreed firm date is set out in clause 5.9, without limiting any right that cannot lawfully be limited.

5.8Once the requirements in the definition of Commencement Date are met, Pilates Warehouse will issue a written Commencement Notice stating the Commencement Date. The date stated is final unless the Purchaser disputes it in writing, with reasons, within 3 Business Days after receiving the notice.

5.9If the Equipment is not delivered by the Contractual Longstop Date, as extended under this Policy, the Purchaser may give written notice requiring delivery. If Pilates Warehouse does not deliver, or confirm a firm delivery date acceptable to the Purchaser, within 10 Business Days after receiving that notice, the Purchaser may cancel the order for the undelivered items only, and Pilates Warehouse will refund all amounts paid for those items within 15 Business Days. To the extent permitted by law, this clause states the Purchaser's remedy for late delivery.

6. Delay Events and International Shipping DisruptionContents ↑

6.1Delay Events include, to the extent outside Pilates Warehouse's reasonable control and directly affecting the order:

• typhoons, cyclones, storms, flooding, earthquakes, fire, epidemics, pandemics and other severe weather or natural events;
• factory shutdowns, power restrictions, raw-material shortages, supplier production disruption or export restrictions not caused by Pilates Warehouse;
• shortage of containers or vessel space, booking rollover, blank sailings, route changes, transshipment delay, port omission, grounding, collision, piracy or other maritime disruption;
• war, civil unrest, sanctions, government action, border closure, strikes, labour disruption or security incidents;
• Durban or other port congestion, Transnet berthing or terminal delays, off-loading delays, customs examinations, customs or port-system outages and delayed release of cargo;
• road closures, carrier breakdown, theft in transit or third-party transport disruption; and
• another comparable event that Pilates Warehouse could not reasonably prevent or overcome despite reasonable mitigation.

6.2Pilates Warehouse must notify the Purchaser within a reasonable time after becoming aware that a Delay Event is likely to materially affect delivery, explain the known cause and provide the best available revised estimate. Silence or lack of new carrier information does not mean that no work is being done.

6.3Pilates Warehouse must take commercially reasonable mitigation steps, which may include seeking updated bookings, alternative sailings, routes, carriers, release arrangements or delivery dates. It is not required to use air freight, charter transport or another materially more expensive method unless the Purchaser agrees in writing to the additional cost.

6.4A notified Delay Event extends the Contractual Longstop Date by the actual period of direct delay, up to a maximum of 60 calendar days in aggregate, plus a further 30 calendar days where the affected Equipment had already left the port of origin when the Delay Event occurred. Any further extension requires written agreement. A Purchaser-caused delay or accepted order variation extends the date by the actual delay and reasonable remobilisation period.

6.5If performance becomes permanently impossible or the relevant goods become unavailable, Pilates Warehouse may offer a materially equivalent substitute, a revised order or cancellation of the affected item. No substitute or additional charge applies without the Purchaser's written agreement. Amounts paid for an affected item that will not be supplied must be refunded within a reasonable period, subject only to a lawful set-off arising from the Purchaser's breach.

6.6Clause 15 applies to any loss arising from a Delay Event.

7. Special-Order, Customised and Custom-Branded EquipmentContents ↑

7.1Customised Equipment includes non-standard frame or carriage dimensions, upholstery colour, timber or metal finish, logo, trade name, trade mark, slogan, artwork, engraving, embroidery, printing, labels, plates, configuration, accessories or other Purchaser-specific features.

7.2Before production or committed procurement, the Purchaser must approve in writing the final applicable specification, including model, quantity, measurements, artwork, spelling, orientation, scale, placement, available colour reference, upholstery, finish and configuration. Approval authorises production and supplier commitments. Pilates Warehouse may refuse to begin production or committed procurement until Appendix A is signed and the final proof is attached.

7.3The Purchaser is responsible for an error appearing in material or a specification that the Purchaser supplied or approved, unless the finished Equipment materially departs from the approved proof or written specification because of an error by Pilates Warehouse.

7.4The Purchaser warrants that it owns, or has permission to use, each logo, trade mark, name and artwork supplied, and authorises Pilates Warehouse and its manufacturers to reproduce it only as reasonably required to fulfil the order. To the extent permitted by law, the Purchaser indemnifies Pilates Warehouse against reasonable loss and cost arising from a third-party intellectual-property claim concerning Purchaser-supplied or approved material, except to the extent caused by an unauthorised alteration or use by Pilates Warehouse. Pilates Warehouse must give reasonable notice of a claim and allow reasonable participation in its defence or settlement.

7.5Screens, photographs, upholstery batches, natural timber, lighting, printing, engraving and manufacturing processes may create minor colour, grain, scale, position or finish variation. A reasonable variation is not non-conformity if the result materially matches the approved proof. An exact Pantone, CMYK, RGB or other measurable match applies only if expressly accepted in writing.

7.6A requested change after approval is a variation. Pilates Warehouse may decline it if production or procurement has progressed. If accepted, the Purchaser must approve any additional price, wasted cost and revised Estimated Lead Time or Contractual Longstop Date before work continues.

7.7Because Special-Order and Customised Equipment is procured, created or altered for the Purchaser and may not reasonably be resold at its ordinary price, it may not be cancelled or returned merely because the Purchaser changes its mind once production, branding, alteration or committed procurement has begun.

7.8Clause 7.7 does not exclude a right relating to defective goods, material misdescription, material failure to follow the approved specification, breach by Pilates Warehouse, failure to meet an agreed contractual delivery obligation where cancellation is legally available, or another non-waivable right.

7.9If an error by Pilates Warehouse affects only removable branding, upholstery or one component, Pilates Warehouse may offer a lawful and effective remedy directed to that affected part. A localised remediable error does not automatically justify rejection of an otherwise conforming entire machine unless applicable law provides otherwise.

8. Cancellation Before DeliveryContents ↑

8.1A cancellation request must be made in writing and identify the order and affected items. Pilates Warehouse will confirm whether a statutory cancellation right applies or, if not, whether a voluntary cancellation is accepted and what reasonable amount is deductible.

8.2Where CPA section 17 applies to a standard advance order, the Purchaser may cancel subject to a reasonable cancellation charge. Section 17 does not apply to Special-Order Goods. A reasonable charge is assessed with regard to the nature of the goods, notice given, likelihood of finding another purchaser, industry practice, work performed, non-recoverable commitments and actual loss; it is not an automatic forfeiture of the entire deposit.

8.3Where a transaction resulted from direct marketing and CPA section 16 applies, the consumer may rescind it within the statutory cooling-off period without reason or penalty, subject to the lawful cost and return rules. Where ECTA section 44 applies to an electronic transaction, its seven-day cooling-off right and direct return-cost rule apply, but that cooling-off right does not apply to goods made to the consumer's specifications or clearly personalised. The ECTA cooling-off right is available only to a consumer who is a natural person.

8.4Outside a statutory right, a standard-stock cancellation accepted before dispatch may be reduced only by reasonable direct administration, payment-processing, handling, transport, committed supplier cost and proven reduction in value.

8.5Pilates Warehouse is not obliged to accept cancellation of Special-Order or Customised Equipment for change of mind. If Pilates Warehouse voluntarily accepts cancellation of Special-Order or Customised Equipment after production or committed procurement began, it may deduct reasonable, evidenced amounts for design and administration, non-recoverable supplier payments, raw materials, production, branding, freight commitments, bank or currency costs, work performed and reduction in resale value. Avoided costs and reasonably recoverable value must be credited to the Purchaser.

8.6Pilates Warehouse will provide a written cancellation calculation on request and refund any balance that remains due. A cancellation charge may not be imposed where prohibited by law or where cancellation results from a material breach by Pilates Warehouse.

9. Delivery, Access, Installation and RiskContents ↑

9.1Delivery and installation are provided only to the address and within the scope stated in the accepted order. Dates offered after cargo release remain subject to route planning, carrier and installer availability and reasonable site coordination.

9.2The Purchaser must provide accurate address and contact details and disclose stairs, narrow doors, passages, lifts, loading restrictions, security procedures, parking limits, fragile floors, restricted hours, building rules and any access condition that may affect safe delivery or installation.

9.3Before dispatch, the Purchaser must ensure that the site is ready, safe and accessible, with adequate clearance, flooring, lighting and any required electrical supply. Pilates Warehouse may pause work that would be unsafe or materially outside the agreed scope.

9.4If delivery or installation fails because the Purchaser or authorised recipient is unavailable, refuses conforming Equipment, supplies inaccurate access information or has not prepared the site, the Purchaser is responsible for reasonable failed-delivery, re-delivery and remobilisation costs disclosed before the next attempt, and for storage at the rate stated in the Order Record.

9.5Where Pilates Warehouse arranges delivery, the Equipment remains at its risk until delivery at the agreed place is accepted, or is deemed accepted under clause 9.9, clause 9.10 or applicable law. Where the Purchaser independently appoints and controls a carrier, risk passes only at the point lawfully agreed in writing. Ownership remains subject to clause 4.4.

9.6A person present at the premises who reasonably appears authorised may sign the delivery and installation records. Signature confirms receipt and visible condition only; it does not waive a right concerning a latent defect, concealed transit damage or material non-conformity.

9.7The Purchaser may not relocate, dismantle or permit use of Equipment before an included installation is completed, unless Pilates Warehouse agrees in writing. Damage caused by unauthorised handling is dealt with under the Limited Equipment Warranty.

9.8Packaging and crates are intended to absorb transport impacts and may show cosmetic marks without the Equipment being damaged. Packaging should be retained until the Equipment has been inspected and any delivery issue recorded.

9.9If the Purchaser fails to take delivery on a date tendered on reasonable notice, risk in the Equipment passes to the Purchaser from that date and storage is charged from that date. Pilates Warehouse will then give the Purchaser written notice to take delivery within 30 days. Only if the Purchaser does not do so may Pilates Warehouse cancel the order, sell the Equipment and set off its reasonable loss and costs against amounts paid, refunding the balance to the Purchaser, to the extent permitted by law.

9.10The Purchaser accepts delivery when it signs the delivery or installation record, uses the Equipment for classes, clients or personal training, or retains it for a reasonable time without notifying a rejection. Acceptance does not affect a right concerning a latent defect or a non-waivable right.

9.11Where installation is included in the order, Pilates Warehouse will agree an installation date with the Purchaser in writing before dispatch. Installation must take place within seven (7) calendar days after the Delivery Date unless the parties agree otherwise in writing. If the Purchaser postpones or cancels the agreed installation, is not ready for it, or installation cannot proceed within that period for any reason within the Purchaser's control or for which it is responsible (including incomplete building, renovation, flooring or electrical work, landlord, permit or access restrictions, the unavailability of an authorised person, or a postponed studio opening), that is a Purchaser-caused delay and: (a) the balance remains payable on the date determined under clause 4.10; (b) the Equipment remains at the Purchaser's risk from the Delivery Date in accordance with clause 9.5, and the Purchaser must keep it indoors, in its packaging, in a dry and secure place and insured until installation; (c) Pilates Warehouse will install on a new date agreed in writing, subject to installer availability and payment of all amounts then due; and (d) where Pilates Warehouse's installers attend and cannot install, or the Purchaser postpones on less than two (2) Business Days' notice, the Purchaser must pay the reasonable re-attendance, travel and remobilisation costs referred to in clause 9.4. If installation is delayed because of Pilates Warehouse, or a Delay Event affecting its installers, the period in clause 4.10(b) is extended by the period of that delay.

10. Delivery Damage, Shortages and Incorrect GoodsContents ↑

10.1Before signing, the Purchaser should record visible packaging damage, obvious Equipment damage or shortages on the proof-of-delivery document and take clear photographs. Report the issue in writing within five Business Days after delivery.

10.2Failure to report within five Business Days does not extinguish a non-waivable right, but it may impair the evidence and Pilates Warehouse's ability to recover against the carrier. Hidden damage must be reported as soon as reasonably possible after discovery.

10.3If transport arranged by Pilates Warehouse caused damage, or Pilates Warehouse delivered an incorrect item or quantity, Pilates Warehouse will manage the carrier or supplier process and provide an appropriate remedy at its cost, subject to inspection and applicable law.

10.4If the Purchaser arranged or controlled the transport, the Purchaser must pursue the carrier unless the loss was caused by defective packaging or another breach by Pilates Warehouse.

10.5Cosmetic damage to disposable packaging alone does not entitle the Purchaser to replacement or refund of undamaged, conforming Equipment.

11. Return Rights and Change-of-Mind ReturnsContents ↑

11.1There is no general automatic right to return correctly supplied, conforming goods merely because the Purchaser changes its mind, except where applicable law creates that right or Pilates Warehouse approves a voluntary return under clause 11.6.

11.2Where CPA section 20 applies, eligible goods may be returned within 10 Business Days after delivery in the circumstances and on the risk, expense and deduction terms stated in that section, including where the consumer did not have a reasonable opportunity to examine the goods before delivery, received a mixture of goods, or goods supplied for a communicated particular purpose are unsuitable. A section 20 return is not available once the Equipment has, after delivery, been partially or entirely disassembled, physically altered, permanently installed, affixed or attached, other than as necessary to examine it.

11.3Where ECTA section 44 applies, a consumer may cancel an eligible electronic purchase within seven days after receiving the goods. The consumer bears only the direct cost of return and the statutory refund period applies. This cooling-off right does not apply to goods made to the consumer's specifications or clearly personalised, among the other statutory exclusions. It applies only to a consumer who is a natural person.

11.4Defective, unsafe or non-conforming goods are governed by clause 13, the Limited Equipment Warranty and applicable law. They are not treated as voluntary change-of-mind returns.

11.5Special-Order, Customised and Custom-Branded Equipment is not eligible for a voluntary change-of-mind return once production, alteration, branding or committed procurement has begun. This does not affect clause 7.8.

11.6Pilates Warehouse may approve a voluntary return of eligible standard-stock goods if requested within seven calendar days after delivery and the goods are unused, undamaged, complete and capable of resale. Approval must be given in writing before return. Installed or assembled Equipment, opened hygienic-use accessories, clearance goods and demo or used goods ordinarily do not qualify for this voluntary return unless agreed in writing.

11.7For a voluntary return under clause 11.6, the Purchaser bears return transport risk and cost. The refund may be reduced by a reasonable restocking amount capped at 20% of the returned item price, reflecting actual administration, inspection, repackaging and reduction in resale value. No restocking amount applies where a statutory return prohibits it or the return is caused by Pilates Warehouse.

12. Return ProcedureContents ↑

12.1Notify Pilates Warehouse in writing at daniel@pilateswarehouse.co.za or by WhatsApp at +27 82 803 7314, or at another address or number Pilates Warehouse notifies in writing. State the Purchaser name, invoice or order number, item, Delivery Date, reason for return and requested remedy, and attach photographs or video where relevant.

12.2Pilates Warehouse will confirm the next step, return address or collection arrangement. Sending large Equipment without written coordination may create avoidable loss and does not establish eligibility for a refund.

12.3Unless the goods were defective, incorrect, damaged in delivery arranged by Pilates Warehouse or another law requires otherwise, the Purchaser must return them securely in their original packaging where reasonably possible, with all components, accessories, manuals and supplied items.

12.4The party bearing return risk and expense is determined by the reason for return and applicable law. Where Pilates Warehouse bears the risk, it may nominate a reasonable collection method. The Purchaser must provide reasonable access and protect the goods pending collection.

12.5No person may discard, dismantle, materially alter or dispose of disputed goods or components before the return or assessment process is complete, unless safety requires isolation or Pilates Warehouse authorises disposal in writing.

13. Inspection, Remedies and Refund ProcessingContents ↑

13.1Pilates Warehouse may reasonably inspect returned or disputed goods, request photographs or video, perform remote troubleshooting or arrange an authorised technician. Inspection must not be used to delay a remedy that is clearly due.

13.2Where CPA sections 55 and 56 apply and goods fail to meet the statutory standards within six months after delivery, the consumer may return them without penalty and at the supplier's risk and expense and may direct repair, replacement or refund, subject to the Act.

13.3If a defect repaired under the CPA is not remedied, or a further failure, defect or unsafe feature is discovered within three months after the repair, the statutory replacement or refund rule applies where section 56(3) applies.

13.4Outside a period in which the Purchaser has a mandatory statutory choice, Pilates Warehouse may offer repair, replacement of the affected item or component, a functionally equivalent replacement, credit or refund, acting reasonably and consistently with the Limited Equipment Warranty.

13.5An approved refund will be made to the original payment method or verified paying account unless law or written agreement requires otherwise. Pilates Warehouse may request reasonable identity and banking verification to prevent fraud.

13.6Voluntary-return refunds are ordinarily processed within seven to ten Business Days after the goods are received, inspected and the refundable amount is agreed. Statutory refunds will be processed within the period required by law, namely 15 Business Days for a rescission under section 16 of the CPA and 30 days after cancellation under section 44 of ECTA.

13.7Original delivery, installation, payment-processing or other service charges are refundable only to the extent required by law or where the related service was not provided because of Pilates Warehouse's breach. Any permitted deduction will be itemised on request.

13.8Pilates Warehouse may set off against any refund any amount that the Purchaser owes it under the contract, to the extent permitted by law.

14. Demo, Used, Refurbished, Clearance and Trade-In EquipmentContents ↑

14.1The relevant quotation, invoice or condition report must identify the item's status, known usage where available, condition, disclosed defects, missing items, applicable warranty, price adjustment and any agreed return limitation.

14.2A disclosed and specifically accepted imperfection is not a basis for rejection merely because it remains present. This does not excuse an undisclosed defect, material misdescription or failure to meet an accepted written condition description.

14.3A voluntary change-of-mind return may be excluded for demo, used, refurbished, clearance, trade-in or commission-sale Equipment where lawfully disclosed. Non-waivable rights remain unaffected.

14.4A condition report signed or electronically accepted by the Purchaser records that the Purchaser was expressly informed of, and agreed to accept, the Equipment in the specific condition described, as contemplated by section 55(6) of the CPA.

15. Limitation of Liability and MitigationContents ↑

15.1To the maximum extent permitted by law, Pilates Warehouse is not liable for indirect, special or consequential commercial loss, including lost profit, lost revenue, cancelled classes, staff costs, marketing costs, loss of clientele, loss of goodwill or the cost of substitute Equipment arising from a delayed order, cancellation, return or warranty event.

15.2Nothing in this Policy excludes liability for fraud, wilful misconduct, gross negligence where it may not lawfully be excluded, death, personal injury or property damage for which liability arises under CPA section 61, or another liability that cannot lawfully be limited.

15.3Each party must take reasonable steps to prevent avoidable loss. The Purchaser should maintain reasonable contingency in opening and booking plans, promptly disclose time-critical requirements, stop using unsafe Equipment and cooperate with reasonable assessment, delivery and mitigation steps.

15.4Subject to clause 15.2, and to the maximum extent permitted by law, Pilates Warehouse's total aggregate liability arising from or in connection with the order, whether in contract, delict, enrichment or otherwise, is limited to the price paid for the Equipment to which the claim relates.

15.5The Purchaser indemnifies Pilates Warehouse against claims by third parties, including the Purchaser's clients, instructors and staff, arising from the Purchaser's use, operation, supervision, maintenance, relocation or storage of the Equipment contrary to the user manual, safety notices or the Limited Equipment Warranty, except to the extent caused by a defect in the Equipment or by Pilates Warehouse's own negligence or breach.

15.6A commercial Purchaser must maintain adequate public liability insurance covering the use of the Equipment by its instructors, staff and clients, and must provide proof of cover on request.

15.7To the maximum extent permitted by law, the warranties and remedies expressly stated in this Policy and the Limited Equipment Warranty are given in place of all other warranties, conditions and remedies implied by common law, trade usage or otherwise, including the warranty against latent defects, save in the case of fraud or a defect. This clause does not limit any right that the CPA gives a Purchaser to whom it applies.

16. Personal InformationContents ↑

16.1Pilates Warehouse may process contact, order, payment, delivery, site, equipment and return information to conclude and administer the sale, coordinate manufacturers and logistics providers, prevent fraud, provide safety notices and comply with legal obligations.

16.2Information will be handled in accordance with applicable data-protection law and shared only where reasonably necessary with manufacturers, payment providers, insurers, freight forwarders, shipping lines, clearing agents, carriers, installers, technicians, professional advisers or authorities involved in the transaction.

16.3The Purchaser acknowledges that personal information, including names, delivery details and supplied artwork, may be transferred to manufacturers, freight forwarders and service providers outside South Africa where necessary to perform the contract, in accordance with section 72 of the Protection of Personal Information Act 4 of 2013.

16.4Supplying the information requested in the Order Record is necessary to conclude and perform the contract. The Purchaser may request access to or correction of its personal information, object to processing on reasonable grounds and lodge a complaint with the Information Regulator (https://inforegulator.org.za).

16.5Pilates Warehouse may send service, safety, recall and product information to the Purchaser.

17. Complaints and Dispute ResolutionContents ↑

17.1A Purchaser who disputes a delay decision, cancellation calculation, return refusal, deduction or refund should request a written review and provide supporting information. Pilates Warehouse will provide or confirm its written reasons and escalate the matter internally where reasonably possible.

17.2The parties should attempt in good faith to resolve the dispute within 10 Business Days after escalation. This does not prevent a consumer from approaching the Consumer Goods and Services Ombud, National Consumer Commission, provincial consumer authority or a court with jurisdiction.

17.3This Policy is governed by the laws of the Republic of South Africa. No clause forces a consumer to waive a statutory forum, remedy or right.

17.4The Purchaser consents under section 45 of the Magistrates' Courts Act 32 of 1944 to the jurisdiction of the Magistrates' Court for any proceedings arising from the contract. Pilates Warehouse may, at its election, instead institute proceedings in any High Court having jurisdiction. This does not limit a consumer's right to approach any forum available under the CPA.

17.5A certificate signed by an Authorised Representative stating the amount owed by the Purchaser is prima facie proof of that amount.

17.6To the extent permitted by law, the Purchaser is liable for the legal costs reasonably incurred by Pilates Warehouse in recovering an overdue amount or enforcing the contract, on the scale as between attorney and own client.

18. General ProvisionsContents ↑

18.1If a clause is invalid or unenforceable, it must be interpreted or severed only to the minimum extent necessary and the remaining clauses continue to operate.

18.2A delay or failure to enforce a term on one occasion is not a permanent waiver.

18.3Notices may be delivered to the email address, WhatsApp number or physical address stated in the order. Each party must notify the other of a material change in contact details.

18.4Electronic acceptance, including signature, email confirmation, a traceable WhatsApp approval or payment following clear presentation of the terms, may evidence acceptance to the extent permitted by law.

18.5Headings and examples assist reading but do not limit the ordinary meaning of a clause. References to legislation include amendments and replacement legislation.

18.6Each party chooses the physical address stated in the Order Record (for Pilates Warehouse, its registered address in clause 19) as its domicilium citandi et executandi for the service of legal process.

18.7The Purchaser may not cede, assign or delegate any right or obligation without Pilates Warehouse's prior written consent. Pilates Warehouse may cede its right to receive payment.

18.8The person signing for a juristic Purchaser warrants that he or she is duly authorised to bind the Purchaser.

18.9If the Purchaser breaches any term of the contract, including by failing to pay any amount on its due date: (a) Pilates Warehouse may immediately suspend procurement, production, dispatch, delivery, installation and any other performance until the breach is remedied, and the Estimated Lead Time and Contractual Longstop Date are extended by the period of suspension and any reasonable remobilisation period; and (b) if the Purchaser fails to remedy the breach within seven (7) Business Days after receiving written notice requiring it to do so, Pilates Warehouse may, without prejudice to any other right it has under the contract or at law, and to the extent permitted by law, either claim immediate performance of all the Purchaser's obligations, including payment of all amounts owing under the contract whether or not otherwise due, or cancel the order or any affected items, recover through lawful process any Equipment that it still owns, and set off its reasonable loss, costs and wasted expenditure against amounts paid, refunding any balance to the Purchaser; and in either case claim damages.

18.10No notice under clause 18.9(b) is required where the breach is incapable of remedy, or where the Purchaser repudiates the contract, is placed in liquidation, sequestration or business rescue, commits an act of insolvency, or makes a compromise or arrangement with its creditors.

18.11If Pilates Warehouse breaches a material term of the contract, the Purchaser must give written notice specifying the breach and allow Pilates Warehouse seven (7) Business Days, or a longer period that is reasonable given the nature of the breach and the international supply chain, to remedy it. Only if the breach is not remedied within that period may the Purchaser exercise its remedies under this Policy, the Limited Equipment Warranty or applicable law. Where this Policy sets out a specific procedure for a particular matter, such as clause 5.9 for late delivery, that procedure applies instead. This clause does not limit any right that cannot lawfully be limited.

19. Supplier InformationContents ↑

1. The Warranty Provider and PurposeContents ↑

1.1This limited warranty is provided by Pilates Warehouse (Pty) Ltd, registration number 2024/664635/07 ("Pilates Warehouse", "we", "us" or "our"). Supplier and warranty-contact information appears in clause 17.

1.2We warrant that new Equipment supplied by Pilates Warehouse will be free from Covered Defects during the applicable Warranty Period, subject to this agreement.

1.3This warranty covers defects in materials or workmanship under normal, intended use. It is not a maintenance plan, insurance policy or guarantee against ordinary wear, accidental damage or misuse.

1.4This warranty governs Covered Defects, component coverage, warranty claims and remedies relating to the Equipment. Order confirmation, deposits, approved specifications, special-order or customised status, manufacturing, estimated lead times, international shipping, pre-delivery delays, cancellation, returns and refunds are governed by the Pilates Warehouse Sales, Special-Order, Delivery, Returns and Refunds Policy accepted when the order was concluded.

1.5Demo, used, refurbished, trade-in or commission-sale Equipment is covered only to the extent stated in the applicable signed sale schedule and condition report. That record should identify the Equipment, usage history where known, condition, disclosed defects, excluded items, applicable warranty period, whether any existing express warranty transfers, and relevant trade-in, commission, price, cancellation and refund terms. A change-of-mind return may be excluded where lawfully permitted, but no term excludes liability for an undisclosed defect, material misdescription or a right that cannot lawfully be excluded.

1.6The version of the Sales Policy identified in the Warranty Record, together with the signed quotation, invoice, order schedule and specification approval, forms part of the overall agreement between Pilates Warehouse and the Purchaser. A policy issued or amended after the order was concluded does not retrospectively change that order unless the parties agree to the change in writing.

1.7If the documents are inconsistent, applicable law prevails first, followed by any signed product-specific term, then the Sales Policy for order, delivery, cancellation and return matters, and this warranty for defect and warranty matters.

2. DefinitionsContents ↑

Authorised Representative: has the meaning given in the Sales Policy.

Business Day: a day other than a Saturday, Sunday or South African public holiday.

Covered Defect: a material defect in manufacturing, materials or workmanship that causes the Equipment or component to be less safe, useful, durable or functional than a purchaser could reasonably expect in the circumstances. Ordinary wear and excluded damage are not Covered Defects. For a consumer to whom section 56 of the CPA applies, the standard in section 55 of the CPA applies instead of this definition within six months after delivery.

Customised Equipment: Equipment made, sourced or altered to Purchaser-approved dimensions, upholstery colour, finish, branding, configuration or other features that differ from Pilates Warehouse standard stock, including Custom-Branded Equipment described in clause 3.6.

Delivery Date: the date on which the Equipment is delivered to the Purchaser's premises, or collected by the Purchaser if no delivery is provided.

Equipment: the Pilates machine, apparatus, loose accessory or component identified in the Warranty Record or attached asset schedule.

Purchaser: the person or legal entity that acquired the Equipment directly from Pilates Warehouse and, where clause 3.1 applies, the named end-user or lessee.

Sales Policy: the Pilates Warehouse Sales, Special-Order, Delivery, Returns and Refunds Policy accepted for the relevant order.

Warranty Period: the applicable period in clause 4, calculated from the Delivery Date, unless a longer period is confirmed in writing.

Written / in writing: includes a signed document, email, WhatsApp message or other traceable electronic communication that can be retained and reproduced, subject to applicable law.

3. Who and What Is CoveredContents ↑

3.1The express warranty applies to the original Purchaser while the Equipment remains owned by that Purchaser. Transfer of the express warranty requires Pilates Warehouse's prior written approval, which may be made conditional on a paid inspection of the Equipment. Where the Purchaser is a financier and the Equipment is used by a lessee or end-user named in the Warranty Record, that named user may claim under this warranty as if it were the Purchaser for so long as it lawfully possesses the Equipment. A transfer does not restart or extend any Warranty Period.

3.2The Equipment may be used in a commercial Pilates studio, rehabilitation facility or private home if that use is consistent with the Equipment's product classification, published specifications and written sales description.

3.3Equipment expressly sold as home-use equipment is not covered by this express warranty if used in a studio, gym, spa, rehabilitation practice or other facility offering services to the public, unless Pilates Warehouse approved that use in writing before purchase.

3.4Demo, refurbished, used, clearance or specifically imperfect Equipment is covered only to the extent stated in the relevant signed quotation, invoice, sale schedule or condition report. Any known limitation or defect must be specifically disclosed and accepted in writing. Non-waivable statutory rights remain unaffected.

3.5Special-order or customised status does not reduce warranty protection where Equipment has a Covered Defect or materially fails to conform to the Purchaser's approved written specifications. Change-of-mind cancellation, refundability and changes to customised Equipment are governed by the accepted Sales Policy.

Custom-Branded, Personalised and Non-Standard Equipment

3.6Custom-Branded Equipment includes Equipment manufactured, printed, engraved, embroidered, plated, labelled or otherwise marked with a Purchaser-supplied or Purchaser-approved logo, trade name, trade mark, slogan, artwork, colour scheme or other identifying material. Customised Equipment also includes non-standard frame or carriage dimensions, upholstery colours, finishes, configurations and product features.

3.7Before production, the Purchaser must approve in writing the final applicable specification, including artwork, spelling, orientation, dimensions, placement, configuration, upholstery colour, finish and available colour reference. Approval authorises production or committed procurement. Pilates Warehouse is not responsible for an error contained in artwork or specifications supplied or approved by the Purchaser, unless the finished Equipment materially departs from the approved proof or written specification.

3.8The Purchaser warrants that it owns, or has permission to use, every logo, trade mark, name and artwork supplied for application to the Equipment, and authorises Pilates Warehouse and its manufacturers to reproduce that material solely as reasonably required to fulfil the order. To the extent permitted by law, the Purchaser indemnifies Pilates Warehouse against reasonable losses, liabilities, damages, costs and expenses arising from a third-party intellectual-property claim concerning material supplied or approved by the Purchaser, except to the extent caused by an unauthorised alteration or use by Pilates Warehouse. Pilates Warehouse must notify the Purchaser of such a claim within a reasonable time and allow reasonable participation in its defence or settlement.

3.9Screen displays, photographs, upholstery texture, timber, lighting, printing, engraving and manufacturing processes may produce minor colour, scale, position or finish variations. A reasonable variation is not a defect if the branding materially conforms to the approved proof. An exact Pantone, CMYK, RGB or other colour match applies only if expressly accepted in writing as a measurable production requirement.

3.10Because Customised or Custom-Branded Equipment is made or altered for the Purchaser and may not reasonably be resold at its ordinary price, it may not be cancelled or returned merely because the Purchaser changes its mind once production, branding, alteration or committed procurement has begun. Cancellation, refund and deduction rules remain governed by the accepted Sales Policy and applicable law.

3.11If branding materially differs from the approved proof because of an error by Pilates Warehouse, Pilates Warehouse will assess and remedy the affected branding, surface or component in accordance with applicable law. An error affecting only removable branding or one component does not automatically require replacement or refund of the entire machine where a lawful, reasonable and effective remedy is available.

4. Express Warranty PeriodsContents ↑

4.1Coverage is determined by the function of the affected component, not merely its material. Removable, adjustable or wear-prone items attached to a frame do not become structural-frame components.

4.2Aesthetic finishes, coatings, paint, anodising, plating, timber colour and grain are not structural-frame components.

4.3Where a component could reasonably fall into more than one category, the more specific category applies.

4.4Loose silicone accessories are covered for one year from the Delivery Date against defects in materials or workmanship arising during normal intended use. This express coverage does not include ordinary wear, cuts, punctures, abrasion, overstretching, excessive loading, staining, gradual discolouration, texture loss, unsuitable chemicals, improper storage or environmental exposure outside written product specifications. Any non-waivable statutory rights remain unaffected.

4.5The spring warranty covers breakage, separation, permanent deformation or failure of an end fitting caused by a manufacturing defect under normal use. It does not cover gradual loss of tension or a change in resistance caused by normal use.

4.6Each period in clause 4 applies only while the Equipment is used within its recorded use classification and the maximum user weight and other user limits recorded in the Warranty Record or the user manual.

5. Statutory Consumer RightsContents ↑

5.1The express periods in clause 4 operate in addition to applicable statutory warranties. Nothing in this agreement requires a consumer to surrender a statutory choice of remedy.

5.2If Pilates Warehouse repairs Equipment or a component and, within three months after that repair, the original failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, Pilates Warehouse must replace the goods or refund the price paid where section 56(3) of the CPA applies.

5.3Every new or reconditioned part installed during repair or maintenance, and the labour required to install it, is warranted for the longer of: (a) three months after installation; (b) the unexpired portion of the original express Warranty Period; or (c) any longer period stated in writing. The statutory repaired-parts warranty remains subject to the CPA provisions concerning misuse, abuse and ordinary wear and tear.

5.4To the maximum extent permitted by law, this express warranty and the remedies in clause 10 are given in place of all other warranties, conditions and remedies implied by common law, trade usage or otherwise, including the warranty against latent defects. Where the CPA applies, the Purchaser's statutory rights are preserved as set out in this clause 5.

6. Purchaser Responsibilities and MaintenanceContents ↑

6.1The Purchaser must use, clean, inspect, store and maintain the Equipment in accordance with its user manual, safety labels, published specifications and any written instructions supplied by Pilates Warehouse.

6.2Before each use, the operator must check the Equipment for loose fasteners, damaged springs, ropes or straps, abnormal carriage movement, unstable components, damaged upholstery and any condition that could make continued use unsafe.

6.3Commercial Purchasers must complete and retain the routine safety and maintenance inspections stated in the product manual and Appendix A. A professional service is recommended at least every 12 months for commercial Equipment and every 24 months for home-use Equipment, or sooner where usage, the product manual or inspection findings require it. Unless expressly included in the sale, professional servicing, travel and call-out costs are charged separately.

6.4Pilates Warehouse may provide Purchasers with a digital self-inspection checklist and, where practical, an annual remote maintenance review. These tools support, but do not replace, the Purchaser's inspections or any professional service reasonably required for the Equipment. Paid on-site servicing may be scheduled individually, through regional service days or through a suitably qualified technician approved by Pilates Warehouse. The quoted service scope may include inspection of the frame, joints, fasteners, carriage tracking, wheels, bearings, springs, ropes, straps, clips, footbar, gearbar, pulleys, tower hardware, upholstery and alignment; permitted cleaning and lubrication; operational testing; parts recommendations; and a written condition report.

6.5Springs must be replaced no later than two years after first use, or earlier if the product manual requires it or inspection reveals distortion, corrosion, separation, abnormal noise, inconsistent resistance or other deterioration. The Purchaser should record the date of first use and each replacement. High-volume commercial facilities may require earlier replacement.

6.6Maintenance, installation, inspection, service and replacement-part records may be retained electronically using a Pilates Warehouse checklist or application, or in another reliable written format. Records reasonably relevant to a claim must be supplied on request. The record should identify each item of Equipment and include the date, person completing the check, findings, photographs where reasonably required, defects identified and corrective action taken.

6.7Failure to perform maintenance does not automatically cancel the entire warranty. Coverage may be declined only to the extent that the failure caused or materially contributed to the claimed defect or prevented a reliable assessment of its cause. For an express-warranty claim made outside a period in which a consumer has a statutory choice of remedy, the Purchaser must produce the maintenance and spring-replacement records reasonably required to show that the claimed defect was not caused by inadequate maintenance.

7. Safety-Critical DefectsContents ↑

7.1The Purchaser must not attempt a repair, alteration or safety-critical adjustment unless specifically instructed or authorised in writing by Pilates Warehouse.

7.2Pilates Warehouse may issue reasonable safety notices, inspection instructions or upgrade requirements. The Purchaser must cooperate promptly where the notice relates to safe operation.

7.3To the extent permitted by law, Pilates Warehouse is not liable for injury, loss or damage caused by continued use of Equipment after the Purchaser knew, or reasonably ought to have known, that it was damaged, unsafe or subject to a safety notice, or by use contrary to the user manual, user limits or safety labels.

8. How to Submit a Warranty ClaimContents ↑

8.1Notify Pilates Warehouse as soon as reasonably possible after discovering a suspected defect and within the applicable Warranty Period. Initial contact may be made by WhatsApp at +27 82 803 7314 or by email to daniel@pilateswarehouse.co.za. Provide a description and, where reasonably possible, a clear video showing the problem and any relevant sound. Pilates Warehouse will confirm when the matter has been logged as a warranty claim and may request further written information under clause 8.2. Pilates Warehouse may decline an express-warranty claim to the extent that late notification increased the damage or prevented a reliable assessment of its cause.

8.2The claim should include:

• Purchaser name, contact details, installation address and invoice or order number;
• Equipment model, serial number and Delivery Date;
• A clear description of the problem, when it began and whether use has stopped;
• Clear photographs and, where useful, a short video showing the defect;
• Relevant usage, service and maintenance records; and
• Details of any relocation, accident, repair, adjustment or unusual event affecting the Equipment.

8.3Pilates Warehouse will acknowledge a complete claim promptly and will ordinarily provide initial next steps within two Business Days. This is a service target, not a promise that every diagnosis or repair will be completed within two Business Days.

8.4Pilates Warehouse may reasonably request remote troubleshooting, additional evidence, inspection by an authorised technician or return of the affected component. The Purchaser must provide reasonable access and must not destroy or discard a claimed part until the assessment is complete.

9. Delivery Damage, Shortages and InstallationContents ↑

9.1Clause 10 of the Sales Policy governs delivery damage, shortages and incorrect goods; this clause summarises it. Visible packaging damage, shortages or delivery damage should be recorded on the proof-of-delivery document before signature and reported with photographs within five Business Days after delivery.

9.2Transport crates and packaging are designed to absorb impacts and may sustain dents, scratches or other cosmetic damage during transit without the Equipment itself being damaged. Packaging damage does not by itself establish damage to the Equipment. Before signing the proof of delivery, the Purchaser should photograph visible packaging damage and record it on the proof-of-delivery document, then inspect the Equipment as soon as reasonably possible.

9.3If the Equipment itself is damaged during transport arranged by Pilates Warehouse, Pilates Warehouse will manage the carrier claim and, subject to inspection and applicable law, repair or replace the affected Equipment or component at no cost to the Purchaser. Cosmetic packaging damage alone does not entitle the Purchaser to replacement or refund of undamaged Equipment.

9.4Failure to report within five Business Days does not extinguish a non-waivable statutory right, but it may affect the available evidence and Pilates Warehouse's ability to recover against a carrier.

9.5After delivery and installation by Pilates Warehouse have been completed and accepted, damage caused by relocation, dismantling, transport, storage or reinstallation by another person is excluded to the extent that it caused or contributed to the problem.

9.6If Pilates Warehouse or its authorised contractor performs the relocation or installation, that service and any parts installed remain subject to applicable law and the written scope of work.

9.7International shipping schedules, vessel departure dates, vessel ETAs, transshipment estimates, port berthing estimates, customs-clearance estimates and other pre-delivery milestones are estimates, not warranties or guarantees under this agreement. They are governed by the accepted Sales Policy and any signed order schedule.

9.8If installation is postponed after delivery for a Purchaser-caused reason under clause 9.11 of the Sales Policy, the Warranty Period still runs from the Delivery Date, and loss of or damage to the Equipment while it is stored or handled by or for the Purchaser before installation is excluded to the extent that it caused or contributed to the problem. This does not affect a defect that existed at delivery or a right that cannot lawfully be excluded.

10. Assessment and RemediesContents ↑

10.1Pilates Warehouse will assess whether a Covered Defect exists and whether an exclusion applies. A claim will not be rejected merely because an excluded event occurred; the excluded event must have caused or materially contributed to the claimed damage or defect.

10.2For a valid express-warranty claim outside any period in which the consumer has a mandatory statutory choice, Pilates Warehouse may, acting reasonably, repair the affected component, replace it with the same or a functionally equivalent component, replace the Equipment, or provide another remedy agreed with the Purchaser.

10.3Replacement parts or Equipment may contain new or properly reconditioned components and may differ cosmetically where the original is unavailable, provided that the replacement is safe and functionally equivalent or better.

10.4Approved parts and reasonable labour required to complete a valid warranty repair are covered. Where section 56 of the CPA applies, Pilates Warehouse bears the reasonable cost of returning, collecting, transporting and repairing the goods within six months after delivery. Otherwise, the Purchaser pays travel and call-out charges for sites more than 50 km from Pilates Warehouse's premises, and any freight, removal or reinstallation cost, at rates quoted and approved before the work is performed.

10.5If inspection establishes that no Covered Defect exists, Pilates Warehouse may quote a reasonable diagnostic, travel, labour or repair charge before proceeding. No non-warranty work will be performed without the Purchaser's approval.

10.6A repair or replacement does not restart the original Warranty Period, except where applicable law requires otherwise or Pilates Warehouse confirms a longer period in writing.

11. ExclusionsContents ↑

11.1Subject always to applicable law, the express warranty does not cover a defect, failure, deterioration or damage to the extent caused or materially contributed to by any of the following:

• Ordinary wear and tear, gradual loss of spring tension, routine maintenance or replacement of consumable items after their applicable Warranty Period;
• Misuse, abuse, reckless use, impact, dropping, overloading, use by a person exceeding the recorded maximum user weight or other user limits or use outside the Equipment's intended Pilates or rehabilitation purpose;
• Failure to follow weight limits, adjustment instructions, safety warnings, maintenance requirements or operating procedures;
• Use of home-use Equipment in a commercial environment without prior written approval;
• Failure to replace springs within the period required by clause 6.5 or the product manual;
• Unauthorised modification, repair, dismantling, substitution of parts or installation of incompatible third-party components;
• Damage during transport, relocation, storage or installation not performed by Pilates Warehouse or its authorised contractor;
• Continued use after the Purchaser knew or reasonably ought to have known that a defect, unusual noise, instability or other condition created a safety risk or was likely to worsen the damage, including after receiving a warning from Pilates Warehouse where consultation was reasonably required;
• Outdoor use; direct exposure to rain, weather or salt spray; persistent condensation; water ingress; corrosive substances; or storage or use outside the published indoor environmental and maintenance requirements, to the extent that the exposure caused or materially contributed to corrosion or damage;
• Use of bleach, solvents, high-concentration alcohol-based products, oils, abrasive cleaners or other chemicals contrary to the care instructions;
• Cuts, punctures, burns, scratches, scuffs, stains, soiling, colour transfer, dye transfer, pet damage, jewellery, zips, studs, unsuitable footwear or clothing, or other external damage to upholstery and finishes;
• Cosmetic change that does not materially affect safe operation, including fading, surface marks, natural timber movement, grain, knots, mineral streaks, colour variation or differences between natural wood components; and
• Theft, vandalism, infestation, accident or another external event unrelated to a manufacturing or workmanship defect.

11.2An exclusion applies only to the affected claim or component. It does not automatically cancel warranty coverage for unrelated components or defects.

11.3Nothing in this clause excludes liability for a defect that Pilates Warehouse knew about and failed to disclose, or any liability or remedy that may not lawfully be excluded.

12. Upholstery, Timber and FinishContents ↑

12.1The upholstery warranty covers manufacturing defects such as defective material, premature seam failure or inadequate bonding under normal use. It does not guarantee freedom from wear, compression, creasing, colour transfer, staining, puncture, abrasion or damage caused by cleaning products, clothing or accessories.

12.2Natural wood differs in grain, tone, knots and mineral markings and may respond to humidity. Variations within reasonable manufacturing and quality standards are characteristics, not defects. Structural cracking, joint failure or another Covered Defect remains assessable under the structural-frame warranty.

12.3Where identical upholstery, timber tone, coating or finish is unavailable, a reasonably equivalent material or finish may be used for repair or replacement.

13. Limitation of LiabilityContents ↑

13.1To the maximum extent permitted by law, Pilates Warehouse is not liable under this express warranty for indirect, special or consequential commercial loss, including lost profit, lost revenue, cancelled classes, loss of clientele, loss of goodwill or the cost of substitute equipment, unless that liability cannot lawfully be limited.

13.2Nothing in this agreement limits or excludes liability for death, personal injury or property damage caused by unsafe goods, a product failure, defect, hazard or inadequate warning where liability arises under section 61 of the CPA, or any other liability that cannot lawfully be limited.

13.3The Purchaser must take reasonable steps to prevent avoidable loss, including stopping use of unsafe Equipment and allowing a reasonable opportunity for assessment and lawful remedy.

13.4Subject to clause 13.2, and to the maximum extent permitted by law, Pilates Warehouse's total aggregate liability arising from or in connection with this warranty or the Equipment, whether in contract, delict, enrichment or otherwise, is limited to the price paid for the Equipment to which the claim relates.

13.5Clauses 15.5 and 15.6 of the Sales Policy (Purchaser indemnity and public liability insurance) apply to the use of the Equipment.

14. Personal InformationContents ↑

14.1Pilates Warehouse may process contact, purchase, equipment, maintenance and claim information to administer this warranty, provide safety notices, arrange repairs, maintain service records and comply with legal obligations.

14.2Information will be handled in accordance with applicable data-protection law and will be shared only where reasonably necessary with manufacturers, insurers, carriers, technicians, professional advisers or authorities involved in the claim or safety process.

14.3Clauses 16.3 to 16.5 of the Sales Policy (cross-border transfer, data-subject rights and marketing opt-out) apply to information processed under this warranty.

15. Complaints and Dispute ResolutionContents ↑

15.1If the Purchaser disagrees with a warranty decision, the Purchaser should request a written review and provide any additional evidence. Pilates Warehouse will escalate the matter to a senior representative who was not the sole original decision-maker where reasonably possible.

15.2The parties should attempt in good faith to resolve the dispute within 10 Business Days after escalation. This process does not prevent a consumer from approaching the Consumer Goods and Services Ombud, the National Consumer Commission, a provincial consumer authority or a court with jurisdiction.

15.3This agreement is governed by the laws of the Republic of South Africa. No clause forces a consumer to waive a statutory forum, remedy or right.

15.4Clauses 17.4 to 17.6, 18.6 and 18.9 of the Sales Policy (jurisdiction, certificate of balance, legal costs, domicilium and breach) apply to this warranty.

16. General ProvisionsContents ↑

16.1If any clause is invalid or unenforceable, it must be interpreted or severed only to the minimum extent necessary, and the remaining clauses continue to operate.

16.2A delay or failure by Pilates Warehouse to enforce a term on one occasion is not a permanent waiver of that term.

16.3No employee, installer, reseller or agent may vary this agreement orally. A product-specific extension or variation must be recorded in writing by an authorised Pilates Warehouse representative.

16.4The documents identified in clauses 1.4 to 1.7, together with applicable user manuals, safety notices and written product descriptions, form the overall contractual and warranty framework. No document may be interpreted as excluding a non-waivable statutory right.

16.5The Purchaser must notify Pilates Warehouse if the contact details or installation location materially change so that safety or recall notices can be delivered.

17. Supplier InformationContents ↑

Appendix A – Minimum Maintenance ScheduleContents ↑

A.1 This checklist is a minimum foundation only. The product manual and any model-specific instruction may require more frequent or additional maintenance. Keep one record for each item of Equipment or attach the digital report generated by the Pilates Warehouse checklist or application.