Terms & Conditions

STANDARD TERMS & CONDITIONS OF SALE

Body Tech Supply LTD

Parties to this agreement have acquainted themselves with the standard terms & conditions of sale & have found them to be acceptable

Terms of Payment

Equipment sales - A 30% deposit of the full cost of the order is to be paid immediately, unless otherwise stated in writing.

The remaining invoice balance is to be cleared within 14 days of Body Tech Supply completing your equipment installation, this does not include any equipment needing repairs as a result of accidents during transit. Repeated attempts to recover payment may result in future orders requiring full payment before shipping of further orders at the discretion of Body Tech Supply.

Where a deposit has been paid against equipment, this is a non-refundable payment unless stated otherwise. Deposits are partially refundable minus handling fees and service charge if requested within 7 days of payment.

All prices are quoted both inclusive and exclusive of VAT unless otherwise stated. All accounts are to be settled within 14 days of installation, unless agreed in writing. In the event of litigation being necessary to recover a debt, the customer shall be liable for payment of the contested amount plus all legal costs. The legal ownership of any goods/services supplied will pass to the customer when the order has been paid in full, all goods remain the property of Body Tech Supply until payment has been made in full.

Delivery

Delivery times from the day of payment are estimated at 90 days. This is due to machines being manufactured upon order followed by shipment overseas. Where possible, Body Tech Supply will adhere to these times as accurately as possible.

Delivery times of 90 days are not guaranteed - and subject to extension to cover (but not limited to) delays caused by strikes, lockouts, holidays, works breakdowns, delay in transport, shortage of raw materials, Government regulations/requirements for any cause whatsoever (whether similar to the mentioned above or not) beyond our control.

Please be aware - for non-refurbished items your order will be delivered to you via 3rd party courier. Due to the size of the vehicles used and equipment delivered it is important that adequate space is available for both transit and installation, we must be informed of any restrictions regarding access for the delivering vehicles and Body Tech Supply staff vehicles. This includes steps, steep driveways, narrow lanes, overhanging or low trees, tight bends, small doorways or any other restrictions that will make it difficult for the vehicle to gain access to the property.

When goods are delivered via a 3rd party courier, please check the packaging for obvious signs of transit damage before signing to confirm that the consignment was delivered undamaged. Any damage to parcels or goods must be made known to Body Tech Supplies upon receival.

Upon delivery confirmation of your goods - we will arrange to dispatch our engineer at the earliest agreed mutual date and time of customer and Body Tech Supplies unless such time has already been agreed in writing. As such it’s important to follow proper proceedings as we will not be held liable for any issues incurred through improper communication.

Please ensure that you have at least 1 member of staff available to assist our engineer in taking the machines from the container into your premises.

Please be sure that the machines are accessible to your premises. If your gym is inaccessible for reasons including but not limited to - cars parked blocking entrance, items in the doorway or stairs leading to the main floor - this may affect your installation.

Failure to give accurate access details may result in additional installation charges (surcharge fee + hourly rate of staff) and delays. If installation is deemed not possible, we reserve the right not to install the equipment.

If access to the site is denied upon arrival, the customer will be liable for extra charges.

All refurbished items go through quality control checks and all equipment is checked by manufacturers before shipping. Please check the packaging for obvious signs of transit damage before signing to confirm that the consignment was delivered undamaged. Any damage to parcel or goods must be made known to Body Tech Supplies upon receival.

Refurbished items shall be delivered by a Body Tech Supply engineer unless stated otherwise.

Refunds are not available for an item damaged during transit or in need of general repair. We will make repairs on your premises where possible, however if necessary we will take the faulty machine back to our own site for repairs.

Please note that your delivery will potentially contain very large quantities of excess packaging materials such as large wooden boxes, cardboard, protective wrapping etc. This will be at the discretion of the customer to dispose of, Body Tech Supply offers no service for disposal.

Should your gym's flooring be delicate, it is the sole responsibility of customers to ensure adequate protection is laid. Heavy equipment loads may imprint flooring or damage delicate materials. Body Tech Supply will not incur or be liable for any costs for damage towards gym flooring.

Delivery times and engineer visiting time slots are given as accurately as possible, but not guaranteed, and subject to extension to cover delays by strikes, lockouts, holidays, peak shipping seasons, works breakdowns, delay in transport, shortage of raw materials, Government regulations/requirements for any cause whatsoever (whether similar to the mentioned above or not) beyond our control.

At all times Body Tech Supply will try to ensure 3rd party delivered orders arrive as accurately as possible, but not guarantee, whether by fault of but not limited to - couriers, manufacturers, theft. Any error or fault to orders is not grounds to withhold payment. In the event of error or fault to customer orders, Body Tech Supply will contact all necessary parties to rectify issues. If no amendment is deemed possible after all parties are contacted, Body Tech Supply will contact the relevant parties to reimburse Body Tech Supply for the cost of relevant goods, than shall refund the appropriate goods to the customer at the goods price as stated per customer invoice

Warranties and Liability

Warranty on our REFURBISHED equipment is 30 days and will start from the date of receiving the item unless otherwise noted on the invoice.

Warranty includes all parts and labour, extended warranty is labour only.

Warranty for upholstery is 3 months without service contract.

Warranty for cables, bearings and pins is 3 months without service contract.

Electrical goods (i.e electrical treadmill components, lcd screens) is 1 year from date of receiving without service contract.

Warranty for equipment machine repair parts is 1 year, warranty of labour is 6 years.

Labour only warranty does not include call out or diagnostic charges, only hours of labour.

Broken parts from normal wear and tear are not covered unless Body Tech Supply has written an agreement to state otherwise. All parts will be replaced or repaired at the sole discretion of Body Tech Supply.

The above warranty applies to the original purchaser and is non-transferable. Warranty becomes invalid if any attempts are made by the customer to tamper / repair (add) or move our equipment from another property after delivery.

Due to the nature of our refurbished products i.e how old a product is or how much it has previously been used, there may be a difference in finish (colour, texture) of the final product. Rust/ Corrosion may occur over time, depending on the environment condition and maintenance procedures. Therefore, this is not covered under warranty.

All machines must be located in a dry, dust free and room temperature environment. Most machines have electrical components that can be affected by the environment. This will affect your warranty. Heart rate sensors can be temperamental due to environmental conditions, variations in physical contact and other factors. For this reason, they are excluded from warranty.

The following should be done by the customer: Machines will require routine daily, weekly and monthly checks on belts, decks, foot straps, upholstery, belt aligning, periodic lubrication, tracking, tension of striding belts and resistance calibration, grips and cables. Please refer to the manufacturer’s guidelines for further information. The customer has the duty of care to look after the goods whilst in their possession, failure to do so may incur additional costs and may make it non-returnable. Warranty becomes invalid if any attempt is made by the customer to tamper/repair a machine whilst under warranty.

Warranty on items becomes invalid if damage on items is incurred through improper care or using items in a manner not fit for purpose, as deemed by inspection. Such things can include but are not limited to, standing on padded items, damaging machines by overloading beyond capacity or improper loading, loading pins improperly.

Deposits

For deposits left against gym equipment and/or other Body Tech Supply goods, after a period of 3 months without full settlement, Body Tech Supply reserves the right to repossess all goods unless an alternative settlement agreement between Body Tech Supply and customer has been made in writing. All goods remain property of Body Tech Supply until payment has been made in full, deposits are non-refundable. Any litigation necessary may result in legal costs liable to be covered by the customer of Body Tech Supply. Any costs required to repossess goods such as use of bailiff, will be incurred upon the customer.

Warranties Outside the UK

Our warranty is only valid for the UK mainland. If equipment is purchased outside of the UK mainland and the equipment is faulty, Body Tech Supply will handle communication between the customer and manufacturer for appropriate arrangements to be made.

Disclaimer

Due to atmospheric conditions heart rate monitors and pulse sensors can be very temperamental, please do not purchase any equipment on the presumption that the heart rate monitor or pulse sensor will be fully accurate.

Body Tech Supply reserves the right to remove equipment for repair off site if on site repairs are not possible. If off site repair is necessary, please ensure a staff member is available to assist our driver in loading the equipment.

Once an order has been placed, the customer has 7 days to inform Body Tech Supply if they no longer require the order. Cancellation must be done in writing, cancellation of the order by telephone is not an acceptable method, the cancellation must be then acknowledged and agreed to by Body Tech Supply.

Your deposit is non-refundable unless stated otherwise. Handling fees, courier fees, manufacturing costs or any other fees potentially stated by our equipment manufacturer may be incurred and deducted from your total refund amount.

For unwanted goods, Body Tech Supply is open to negotiation and may offer to repurchase equipment at a rate up-to 30% of the equipment retail cost subject to quality inspection and minus any potential labour cost. Labour costs will be estimated before repurchase and will vary depending on which equipment needs disassembling before collection.

Any repurchasing agreement must be finalised in writing via email.

We reserve the right to not repurchase any unwanted goods.

Warranty and delivery requirements of new and refurbished equipment are as agreed at the time of quotation. Body Tech Supply reserves the right not to accept the customer's order.

Access is required to the customer's premises to carry out servicing, engineering works, maintenance or installation. If access is denied or not available, a charge will be made for time lost/waiting to the customer at our standard labour rates. If part of a consignment is not received or faulty, this shall not be grounds for withholding payment for the remainder of the invoice on which the goods appear.

E&EO

Body Tech Supply will always endeavour to keep our website updated with the latest information or alterations to all available equipment.

Due to the nature of used fitness equipment stocks and changes implemented in specifications during updates and model changes etc, products shown on our site may differ from the product delivered. Customers are advised to check any specifically required features with www.bodytechsupply.com at the point of ordering. Images are used as a guide, colour, design etc may vary from what is shown. Please note we have gyms available as showrooms to view equipment before purchase.

Purchasing Terms and Conditions.

All customers are fully responsible for their product orders, no refunds are available from 7 days after order purchase for unwanted goods unless stated otherwise.

Remaining invoice balances must be fully settled within 14 days of installation.

Any potential refunds agreed to will always factor in relevant costs such as but not limited to - handling fees, labour, manufacturing costs.

During transit from the equipment manufacturers overseas, should items either arrive damaged or otherwise inappropriate for use, or incorrect, no grounds are held for withholding full payments on remaining invoice balances or requesting refund unless stated otherwise in writing. Should such events occur, Body Tech Supply will continue with installation of all appropriate goods and will contact the manufacturer for corrections of the order with no further cost to the customer.

Body Tech Supply encourages all customers to arrange viewings at one of our sites showcasing equipment before purchase to check product quality.

For unwanted goods, Body Tech Supply is open to negotiation and may offer to repurchase equipment at a rate up-to 30% of the equipment retail cost subject to quality inspection and minus any potential labour cost. Labour costs will be estimated before repurchase and will vary depending on which equipment needs disassembling before collection.

Any repurchasing agreement must be finalised in writing via email.

We reserve the right to not repurchase any unwanted goods.

In the event of Body Tech Supply re-purchasing equipment, our engineer will collect the equipment at the earliest mutually convenient date arranged between Body Tech Supply and the customer.

Repurchasing payments will be made to the customer within 14 days of us receiving the equipment.

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Interpretation- These terms are construed in accordance with English Law and shall be subject to the exclusive jurisdiction of English Courts.

Definitions and Interpretation

1.1. In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“Agreement”

Means the contract into which the parties will enter on the clients’ acceptance of the quotation and of this agreement which shall incorporate, and be subject to, this agreement;

“Confirmed Times”

Means the times which the parties shall agree upon during which Body Tech Supply shall have access to the property to render the services;

“Confirmed Date”

Means the date on which the provision of the services will begin as agreed by the parties;

“Confidential Information”

Means, in relation to either party, information which is disclosed to that party by the other party pursuant to or in connection with the agreement (whether orally or in writing or any other medium, and whether or not the information is expressly stated to be confidential or marked as such);

“Business Day”

Means, any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of regular business in London;

“Client”

Means the customer who purchases the products and/or services from Body Tech Supply

“Delivery Date”

Means the date on which the products are to be delivered as noted in the order confirmation;

“Final Fee”

Means the total of all sums payable which shall be shown on the invoice issued

“Order”

Means the customer’s initial request to acquire the services from Body Tech Supply

“Work”

Means the complete rendering of the services;

“Order Confirmation”

The order approval issued to the customer by Body Tech Supply on receipt of the quotation acceptance from the customer;

“Premises”

Means the customer’s property or premises, as detailed in the order and the agreement, at which the services are to be rendered;

“Products”

Means the products required to render the services and/or the products purchased by the customer which Body Tech Supply shall manufacture, procure and supply (unless otherwise agreed);

“Quotation”

Means a quotation detailing proposed fees and services supplied to the customer

“Quoted Fee”

Means the fee which will be quoted to the customer following the order which may vary according to the actual work undertaken

“Specification”

The specification for the services produced by Body Tech Supply

“Services”

Means the installation services provided by Body Tech Supply

“Visit”

Means any occasion, scheduled or otherwise, on which/Body Tech Supply shall visit the property to render the services; and

“Site Area”

Means the part of the property within which the services are to be rendered.

Precise requirement and Orders

2.1. When placing an order the customer shall set out, in detail, the services and/or the products required.

2.2. Once the order is complete and submitted Body Tech Supply shall prepare and submit a quotation to the customer by email.

2.3. When the quotation is approved by the customer Body Tech Supply shall send an order confirmation which shall contain the final specification and shall set out the required deposit and fees.

2.4. The customer will receive a quotation via email and must accept via email.

2.5. The customer shall satisfy themselves that the specification (which shall include design, drawings and calculations) upon which Body Tech Supply quotation is based is correct and accurately describes the clients requirements. All drawings etc. prepared in connection with an order are prepared in good faith and are based upon information, measurements, designs and dimensions available / applicable at the time of preparation. If, during the course of Body Tech Supply works pursuant, it transpires that any such designs, measurements or dimensions, or similar criteria have changed since the preparation of Body Tech Supply quotation the customer shall be liable to pay to Body Tech Supply all reasonable costs incurred by Body Tech Supply as a result of such differences and in particular shall remain liable to pay for all services and/or products quoted for.

2.6. In cases in which specifications are to be supplied by the customer such shall be supplied within a reasonable time so as to enable Body Tech Supply to complete the job within the time specified.

2.7. The customer acknowledges that any design or instruction furnished to Body Tech Supply shall not be such as to cause Body Tech Supply to infringe any letters patent, registered designs, copyright, design right, trade mark, trade name or any other rights of a third party in the performance of the contract.

2.8. The customer shall be offered 3 revisions of quotations, renders and any other design work, additional quotations and/or renders requested above this amount will incur reasonable charges.

2.9. Any design work or calculations carried out by Body Tech Supply at the customer's request shall be the subject of a reasonable charge payable by the customer in the event that a firm order is not made.

2.10. In the event that the services and/or any products are ordered by the customer from Body Tech Supply are based upon any description either contained within any catalogue, brochure etc. or by verbal or written description given by Body Tech Supply to the customer, the customer shall have the right to require Body Tech Supply to supply a sample of the products in question and subject thereto the customer shall then satisfy himself as to the suitability of the products for the purpose required and Body Tech Supply shall not be responsible for any unsuitability of the services and/or products ordered. If the customer shall fail to require the supply of such samples Body Tech Supply shall incur no responsibility to the customer with regard to unsuitability of the products in question.

2.11. Approximate weights and other similar information of any installation being provided by Body Tech Supply will be available upon request. Body Tech Supply accepts no responsibility whatsoever for the structural capacity of the Customer’s Property and the Customer shall be deemed to have satisfied himself as to the ability of the Property to accept such installation and all applicable statutory or quasi-statutory or similar regulations or requirements.

Terms of Payments, Deposits and Fees

3.1. At the time of accepting the order confirmation the customer shall be required to pay a deposit to Body Tech Supply. The deposit shall be 100% unless otherwise stated in writing. Orders shall not be deemed confirmed until the deposit is paid in full, and have cleared in Body Tech Supply’s bank account.

3.2. The deposit shall be non-refundable unless otherwise agreed by Body Tech Supply.

3.3. VAT at the current rate will be charged. All accounts are to be settled within 14 days of invoice date, unless agreed in writing.

3.4. The order confirmation and final quotation will set out the details of payment, 100% upon order.

3.5. Any agreed discount or special terms will be withdrawn if payment is not received by Body Tech Supply on due dates.

3.6. The quoted fee shall include the price payable for the services and/or products and for the estimated products required to render the services (where applicable).

3.7. Body Tech Supply shall use all reasonable endeavours to use only the products (and quantities thereof) set out in the quotation and the agreement; however, if additional products and/or services are required the final fee shall be adjusted to reflect this. Any such increases shall be kept to a minimum.

3.8. In the event that the prices of products and/or services increase during the period between the customer’s acceptance of the quotation and the commencement of the services, Body Tech Supply shall inform the customer of such increase and of any difference in the final fee.

3.9. Body Tech Supply shall invoice the customer for the services as detailed in the order confirmation.

3.10. All invoices must be paid within the period set out in the order confirmation.

3.11. If payment of any of Body Tech Supply invoices is overdue Body Tech Supply may suspend the performance of this agreement to which the invoice relates and/or of any other job then subsisting between Body Tech Supply and the customer.

3.12. If the customer shall be unable or refuses to accept delivery of the products on due date (other than in circumstances giving the customer the right to refuse acceptance on the basis that the products do not conform to specification) the full amount of the invoice remains due for payment in accordance with the terms of this agreement.

3.13. Once an order has been placed due to the nature of the bespoke items the order will not be able to be altered or cancelled. Items can be added to the order but this may incur longer lead times than stated on placement of original order. Body Tech Supply shall not be held liable for any such mistakes or errors arising from the customer (including errors in typography or order quantities) , nor will we be liable for any losses incurred by the customer for such delays whoever caused.

Delivery

4.1. Delivery time is given as accurately as possible, but not guaranteed, and subject to extension to cover delays by strikes, lockouts, holidays, peak shipping seasons, work breakdowns, delays in transport, shortage of raw material, Government regulations/requirements for any cause whatsoever (whether or not similar to mentioned above) beyond our control.

4.2. Products will be delivered to products inwards, reception area or other accessible ground floor areas and off loading facilities must be provided by the customer. Failure to give accurate access details and building works not finished may result in additional installation charges and delays. The delivery will be to the nearest accessible point on the ground floor. Due to the size of the vehicles used Body Tech Supply must be informed of any restrictions regarding access for the delivering vehicles. This includes steps, steep driveways, narrow lanes, overhanging or low trees, tight bends or any other restrictions that will make it difficult for the vehicle to gain access to the property in writing no less than 7 days prior to the installation date.

4.3. It is the customer’s responsibility to check the condition of the equipment upon delivery. The customer will have 20 minutes to check for damage caused in transit. Any damage must be reported immediately and marked on the delivery note. Please contact Body Tech Supply to report damage before the delivery driver leaves on <Insert Number>.

4.4. If the customer fails to take delivery of the products or any part of them on the delivery date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the products to be delivered on that date, Body Tech Supply shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the products and then notwithstanding the provisions of clause 7 risk in the products shall pass to the customer, delivery shall be deemed to have taken place and the customer shall pay to Body Tech Supply all costs and expenses including storage and insurance charges arising from such failure.

4.5. Body Tech Supply shall be under no liability in respect of any defect arising from fair wear and tear, or any wilful damage, negligence, subjection to normal conditions, failure to follow Body Tech Supply instructions (whether given orally or in writing), misuse or alteration of the products without Body Tech Supply prior approval, or any other act or omission on the part of the customer, its employees or agents or any third party.

4.6. Neither the insurance company, transport company, nor Body Tech Supply can entertain any claim or liability if damage is not reported and recorded on the delivery sheet.

Services

5.1 The services shall be rendered in accordance with the specification set out in the order confirmation (as may be amended by mutual agreement from time to time).

5.2 Body Tech Supply may provide plans, diagrams or similar documents in advance of the project. Any such material is intended for illustrative purposes only and is not intended to provide an exact specification of the job nor to guarantee specific results.

5.3 Body Tech Supply shall ensure that the services are rendered with reasonable care and skill and to a reasonable standard which is commensurate with best trade practice.

5.4 On completion of the job, the customer will be asked to sign a certificate of completion and allow Body Tech Supply to take photographs of the completed works. If the customer is not satisfied with the services which have been carried out the customer will be required to note this on the certificate of completion. Body Tech Supply shall correct any defects that have been caused by Body Tech Supply at no additional cost to the customer. Body Tech Supply accepts no liability for damage or loss incurred during or as a result of the services that are not noted on the certificate of completion.

Client Obligations

6.1. All building works must be complete before installation can be carried out by Body Tech Supply to enable work to commence in accordance with dates agreed. This includes flooring, electrical works, plumbing, air conditioning, or any other building works that could prevent Body Tech Supply from carrying out the agreed installation of lockers, washrooms etc. Failing to provide the seller with full access to site will result in delayed installation or an extended installation period. All prices quoted in connection with any contract involving installation shall be reviewed by the seller if obstructions are present. All costs for delays will be added and charged back to the customer. Body Tech Supply shall be allowed unrestricted access to the site during normal business hours and such other times as Body Tech Supply shall have advised the customer.

6.2. If any consents, licences or other permissions are needed from any third parties such as landlords, planning authorities, local authorities or similar, it shall be the customer’s responsibility to obtain the same in advance of the commencement of the services.

6.3. The customer shall ensure that Body Tech Supply can access the property at the agreed times to carry out the services.

6.4. The customer shall have the option of giving Body Tech Supply a set of keys to the property or being present at the agreed times to give Body Tech Supply access.

Body Tech Supply will not be responsible for the security of the building or its contents.

6.5. The customer shall ensure that Body Tech Supply has access to electrical outlets, lighting and heating and a supply of hot and cold running water.

6.6. The customer must give Body Tech Supply at least 5 business days notice if Body Tech Supply will be unable to provide the Services on a particular day or at a particular time. If less than 5 business days notice is given Body Tech Supply shall invoice the customer for the working hours lost.

Risk, Damage or Loss

7.1 Risk of damage to or loss of the products shall pass to the customer at:

7.1.1 In the case of Products to be delivered at Body Tech Supply premises, the time when Health Clubs at

Home trading as Body Tech Supply notifies the customer that the products are available for collection;

7.1.2 in the case of products to be delivered otherwise than at Body Tech Supply premises, the time of

delivery or, if the customer wrongfully fails to take delivery of the products, the time when Body Tech Supply has tendered delivery of the products; or

7.1.3 In the case of products being installed by Body Tech Supply, the time that Body Tech Supply notifies the customer that the installation is complete.

7.2 Notwithstanding delivery and the passing of risk in the products, or any other provision of this agreement, legal and beneficial title to the products shall not pass to the customer until Body Tech Supply has received in cash or cleared funds payment in full of the price of the products.

7.3 Sub-Clause 7.2 notwithstanding, legal and beneficial title of the products shall not pass to the customer until Body Tech Supply has received in cash or cleared funds payment in full of the price of the products and any other products supplied by Body Tech Supply and the customer has repaid all outstanding monies owed to Body Tech Supply, regardless of how such indebtedness arose.

7.4 Until payment has been made to Body Tech Supply in accordance with these conditions and title in the products has passed to the customer, the customer shall be in possession of the products as bailee for Body Tech Supply and the customer shall store the products separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by Body Tech Supply and shall insure the products against all reasonable risks.

7.5 The customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the products which remain the property of Body Tech Supply, but if the customer does so all money owed by the customer to Body Tech Supply shall (without prejudice to any other right or remedy of Body Tech Supply) forthwith become due and payable.

7.6 Body Tech Supply reserves the right to repossess any products in which Body Tech Supply retains title without notice. The customer irrevocably authorises Body Tech Supply to enter the customer’s premises during normal business hours for the purpose of repossessing the products in which Body Tech Supply retains title and inspecting the products to ensure compliance with the storage and identification requirements of sub-clause 7.4. Body Tech Supply will not be held liable for any costs associated with the removal of products.

7.7 The customer’s right to possession of the products in which Body Tech Supply maintains legal and beneficial title shall terminate if:

7.7.1 The customer commits or permits any material breach of his obligations under this agreement;

7.7.2 The customer enters into a voluntary arrangement under Parts I or VIII of the Insolvency Act 1986, the Insolvent Partnerships Order 1994 (as amended), or any other scheme or arrangement is made with his creditors;

7.7.3 The customer is or becomes the subject of a bankruptcy order or takes advantage of any other statutory provision for the relief of insolvent debtors;

7.7.4 The customer convenes any meeting of its creditors, enters into voluntary or compulsory liquidation, has a receiver, manager, administrator or administrative receiver appointed in respect of its assets or undertaking or any part thereof, any documents are filed with the court for the appointment of an administrator in respect of the customer, notice of intention to appoint an administrator is given by the customer or any of its directors or by a qualifying floating charge-holder, a resolution is passed or petition presented to any court for the winding up of the customer or for the granting of an administration order in respect of the customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the customer.

7.8. Body Tech Supply reserve the right to withdraw any guarantees/warranty if the material specified is not fit for purpose or if our products have not been maintained in accordance with the care package manual.

Cancellation Policy

8.1 In the event of cancellations the deposit is strictly non-refundable and the buyer will be obligated to pay a fee of 20% of the

final invoice. The cancellation fee will be deducted from any refund of premium you may be due. ALL cancellations will need to

be confirmed in writing before any outstanding fees remaining payable to the buyer are refunded.

Warranties, Liability, Indemnity and Insurance

9.1. Our warranty is the standard European warranty covering manufacturing defects only. Valid 2 Years from the date of delivery, provided that they are used for the purpose for which they were sold. Any claim under warranty must be made within 30 days of the defect first appearing and should be in writing.

9.2. All lockers, reception, shower & vanity will require routine daily, weekly and monthly checks. Please refer to the manufacturers guidelines for further information.

9.3. Call outs within the warranty period where repairs or servicing are not covered under the terms of the warranty will be charged at the rate £95.00 + VAT per hour and then £45.00 + VAT each additional hour after.

9.4. Body Tech Supply will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this agreement, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by Body Tech Supply servants or agents or otherwise) which arise out of or in connection with the supply of the products and/or services.

9.5. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from this agreement.

9.6. The customer shall indemnify Body Tech Supply against all damages, costs, claims and expenses suffered by arising from loss or damage to any equipment (including that of third parties) caused by the customer, its agents or employees.

9.7 Body Tech Supply shall not be liable to the customer or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of Body Tech Supply obligations if the delay or failure was due to any cause beyond Body Tech Supply reasonable control.

9.8 Nothing in this agreement excludes or limits the liability of Body Tech Supply:

9.8.1 For death or personal injury caused by Body Tech Supply negligence;

9.8.2 for any matter which it would be illegal for Body Tech Supply to exclude or attempt to exclude its liability; or

9.8.3 for fraud or fraudulent misrepresentation.

9.9 Subject to the remaining provisions of this Clause 8:

9.9.1 Body Tech Supply total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the final price;

9.9.2 Body Tech Supply shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.

Data Protection

10.1. Body Tech Supply will not share the customer’s personal data with any third parties for any reasons without the prior consent of the customer. Such data will only be collected, processed and held in accordance with Body Tech Supply rights and obligations arising under the provisions and principles of the Data Protection Act 1998.

10.2 Body Tech Supplies may use email data collected to market special offers and discounts to existing customers. Customers can choose to opt-out of these communications at any time.

Confidentiality

11.1 Except as provided by sub-Clause 11.2 or as authorised in writing by the other party, each party shall, at all times during the continuance of the agreement and for 5 years after its termination:

11.1.1 keep confidential all confidential Information;

11.1.2 Not disclose any confidential information to any other party;

11.1.3 Not use any confidential information for any purpose other than as contemplated by and subject to the terms of the agreement;

11.1.4 Not make any copies of, record in any way or part with possession of any confidential Information; and

11.1.5 Ensure that none of its directors, officers, employees, agents, sub-contractors or advisers does any act which, if done by that

Party, would be a breach of the provisions of sub-Clauses 11.1.1 to 11.1.4 above.

11.2 Either party may:

11.2.1 Disclose any confidential Information to:

11.2.1.1 Any sub - contractor or supplier of that party;

11.2.1.2 Any governmental or other authority or regulatory body; or

11.2.1.3 Any employee or officer of that party or of any of the aforementioned persons, parties or bodies; to such extent only as is necessary for the purposes contemplated by the agreement (including, but not limited to, the provision of the Services), or as required by law. In each case that Party shall first inform the person, party or body in question that the confidential Information is confidential and (except where the disclosure is to any such body under sub-clause

11.2.1.2 or any employee or officer of any such body) obtaining and submitting to the other party a written confidentiality undertaking

from the party in question. Such undertaking should be as nearly as practicable in the terms of this Clause 11, to keep the

confidential information confidential and to use it only for the purposes for which the disclosure is made; and

11.2.2 Use any confidential information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the agreement, or at any time after that date becomes, public knowledge through no fault of that party. In making such use or disclosure, that party must not disclose any part of the confidential information which is not public knowledge.

11.3 The provisions of this Clause 11 shall continue in force in accordance with their terms, notwithstanding the termination of the agreement for any reason.

Force Majeure

12.1 No party to the agreement will be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

12.2 In the event that a party to the agreement cannot perform their obligations thereunder as a result of force majeure for a continuous period of 6 months, the other party may at its discretion terminate the agreement by written notice at the end of that period. In the event of such termination, the parties shall agree upon a fair and reasonable payment for all services completed up to the date of termination. Such payment shall take into account any prior contractual commitments entered into in reliance on the performance of the agreement.

Termination

13.1 Either party may immediately terminate the agreement by giving written notice to the other party if:

13.1.1 Any sum owing to that party by the other party under any of the provisions of the agreement is not paid within 20 business days of the due date for payment;

13.1.2 the other party commits any other breach of any of the provisions of the agreement and, if the breach is capable of remedy, fails to remedy it within 20 business days after being given written notice giving full particulars of the breach and requiring it to be remedied;

13.1.3 An encumbrancer takes possession, or where the other party is a company, a receiver is appointed, of any of the property or assets of that other party;

13.1.4 the other party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986);

13.1.5 the other party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation

(except for the purposes of bona fide amalgamation or re - construction and in such a manner that the company resulting

therefrom effectively agrees to be bound by or assume the obligations imposed on that other party under the agreement);

13.1.6 Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other party;

13.1.7 That other party ceases, or threatens to cease, to carry on business; or

13.1.8 Control of that other party is acquired by any person or connected persons not having control of that other party on the date of the agreement. For the purposes of this Clause 13, “control” and “connected persons” shall have the meanings ascribed thereto by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.

13.2 For the purposes of sub-clause

13.1.2, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects.

13.3 The rights to terminate the agreement shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.

Effects of Termination

Upon the termination of the agreement for any reason:

14.1 Any sum owing by either party to the other under any of the provisions of the agreement shall become immediately due and payable;

14.2 All Clauses which, either expressly or by their nature, relate to the period after the expiry or termination of the Agreement shall remain in full force and effect;

14.3 Termination shall not affect or prejudice any right to damages or other remedy which the terminating party may have in respect of the event giving rise to the termination or any other right to damages or other remedy which any party may have in respect of any breach of the agreement which exist at or before the date of termination;