The Gym Suppliers General Terms and conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
The Gym Suppliers Ltd will be entering into a contract to supply goods and services to its customers. These terms and conditions will apply to every order, unless varied by alternative The Gym Suppliers Ltd terms and conditions. The terms and conditions set out provide for such variation. No other terms or conditions shall be included or implied unless previously agreed upon in writing and authorised by an authorised member of staff from The Gym Suppliers Ltd.
In the event of any conflict or inconsistency between these terms of trading and the terms of any customer order, these terms prevail, unless otherwise agreed by the Gym Suppliers Ltd in writing.
Definition of terms
Customer
Means those customers notified by The Gym Supplier Ltd in writing that they are authorised customers
The Gym Supplier Ltd
Means The Gym Supplier Ltd. (Registration number 12531129) whose registered office is at Units 17 & 18 The Mill Industrial Estate, Bury Road, Radcliffe, BL2 6QE. Our showroom is Unit 17 & 18 The Mill Industrial Estate, Bury Road, Radcliffe. BL2 6QE.
Contract
Means any contract between The Gym Supplier Ltd. and the customer for the sale of goods or the supply of services incorporating these conditions.
Order Acknowledgment
Means the written or electronic acknowledgement issued by The Gym Supplier Ltd. accepting a customer order.
Goods
Means any goods agreed in the contract to be supplied by The Gym Supplier Ltd. to the customer.
Stock Items
Means generic products or services held in The Gym Supplier Ltd warehouse and available for sale
Made to Order Items
Means products or services manufactured specifically for a particular customer and to their unique specification. This unique bespoke manufacture rendering the product unsaleable for any other customer
Services
Means any services performed by The Gym Supplier Ltd. in accordance with the contract.
Method Statement
Means a full survey of the site that the goods are being placed into. Including: Access points, Doors, Floors, Ceiling Height, Corridor lengths, Parking and any associated restrictions and issues. This survey may be conducted via the telephone or by an onsite visit. On site visits may be chargeable, however the Method Statement is essential.
Installation
Means delivery to the point of access, the placing of the equipment in the required position, the building and commissioning of equipment and brief explanation of startup procedures. Installation does not include the removal of any fixtures and fittings (including existing aperture – doors, windows etc.) nor a full demonstration of the goods. If there is a requirement for the removal of fixtures and fittings to allow installation, this must be arranged through The Gym Supplier Ltd or another third party at the customers cost and entirely at the customers own risk.
Delivery
Means delivery to the curb side and following conditions set down by carriers we use.
Buying Products and Services
No order shall be deemed accepted by The Gym Suppliers Ltd without an order acknowledgment and means to pay. Only when The Gym Suppliers Ltd. has notified the customer of acceptance of the order shall the contract between The Gym Suppliers Ltd and the customer be deemed to be made.
Any quotation is made on the understanding that it will be accepted in full. In the event of partial acceptance of the quotation by the customer, a written revised quotation will be sent by The Gym Suppliers to the customer with the understanding that the prices may vary. A quotation is not a formal order and should not be deemed to be acceptance of an order.
Any quotation issued by The Gym Suppliers Ltd shall be open for acceptance at any time during the validity period shown on the quotation. After the expiration of the validity period of the quotation, the quotation is deemed to have been withdrawn by the Gym Suppliers but may be honoured or a new quotation issued at our discretion.
Submission of a quotation in no way obliges The Gym Suppliers Ltd to proceed with an order, and they may withdraw the offer of sale at any time with no legal recourse.
Once the customer has confirmed the quotation and The Gym Suppliers Ltd have converted into a sales order acknowledgment then the order is deemed to be a legally binding commitment to purchase goods or services.
Relocation Work
In addition to the above “Buying Products and Services” terms any quotation provided for movement of fitness equipment assumes that all information provided by the customer on the relocation order is correct.
The unit values within the quotation are based on the entire list. Any alterations to the list may invalidate the quotation (Type/number of pieces of equipment/access conditions) a requote will then be generated.
Once the order acknowledgement has been confirmed The Gym Suppliers Ltd will resource the relocation work based on this acknowledgement.
If The Gym Suppliers arrive at the customer site and information is incorrect to the extent that the job cannot be completed (Requirement for additional resource/time) then The Gym Suppliers Ltd reserves the right to cancel and rearrange the relocation. The customer will be liable for any costs incurred when a relocation is rearranged.
Buying Service and Repair of Equipment Work
In addition to the above “Buying Products and Services” The Gym Suppliers will agree contract terms and a service level agreement for any service work. This contract will be a time limited legally binding document and signed off by both parties (The Gym Supplier Ltd and the customer) prior to the commencement of any work.
In addition to the above “Buying Products and Services” The Gym Suppliers Ltd. Any acknowledgment provided to the customer for repair work in a scenario where the customer has completed their own repair diagnostic may be liable to change once an on-site diagnostic has taken place by The Gym Suppliers service engineer. Any changes will be confirmed in full and in writing to the customer and approval confirmed prior to completion of any repair work.
Buying Buy Backs
The Gym Suppliers Ltd will, based on the type and condition of product enter into an arrangement with a customer to buy their previously owned kit.
Any quotation completed for a “buy back” purchase will be based on the understanding that the equipment is pre-owned and there may signs of wear and tear. The Gym Suppliers Ltd would however have a minimum level of condition at which they would “buy back”. They would expect each piece of equipment to be in full working order with all major plastic parts complete and intact (photos will be requested of the kit in question).
The unit values within the quotation are based on the entire list. Any alterations to the list may invalidate the quotation (Type/number of pieces of equipment/access conditions), a requote will then be generated.
Any quotation given is subject to a satisfactory site access inspection which may be conducted by The Gym Suppliers, its agent or appointed representative. Access to the site for a de-install inspection prior to collection must be granted by the customer as requested at a mutually agreeable time to the customer and The Gym Suppliers Ltd.
If The Gym Suppliers Ltd arrive at the customer site and information is incorrect to the extent that the job cannot be completed (requirement for additional resource/time) then The Gym Suppliers reserves the right to cancel and rearrange the relocation. The customer will be liable for any costs incurred when a relocation is rearranged.
If on arrival at the customer site, if the equipment profile is different than agreed on the order acknowledgment The Gym Suppliers Ltd and the customer will discuss and amend/agree the “Buy Back” order and its value prior to extraction of the kit.
Provision of Goods and Services
The Gym Suppliers Ltd will supply to you the Goods and Services described on the order acknowledgement.
How to Pay & Prices
The price for the goods and services are as stated on the order acknowledgement. Any orders purchased through our web site/E Bay and any other click to buy channels will be inclusive of VAT at the prevailing rates.
Any orders purchased thorough other sales channels will state net and VAT amount separately.
All prices on are provisional and shall be subject to variation without notice.
Goods and services are invoiced at the price prevailing at the date of dispatch.
The Gym Suppliers Ltd reserves the right to amend the price to cover any alterations in labour, raw materials, transport or production costs or changes in foreign exchange rates in the event that completion of delivery is delayed for any reason beyond the Gym Suppliers control.
Carriage prices will be agreed at the time of quotation and confirmed at the point of sending the order acknowledgement. This includes carriage to every customer destination worldwide.
For larger ‘installations’ where a team may be required The Gym Suppliers will provide a quote on request.
Deposit / Refund
All orders purchased through the website /E Bay and any other click to buy channels will be charged up front in full.
For any orders purchased through our other sales channels a non-refundable deposit may be required when the order is placed. A non-refundable deposit will always be required for products and services supplied on a bespoke made to order basis. This includes branded items, dumbbells, platforms, custom-coloured items etc. Any request for cancellation of these products must be made in writing and emailed to head office: info@thegymsupplier.co.uk
The balance of payment will be due prior to the time of installation or delivery of any order unless other terms are stated in writing by The Gym Supplier. before the date of despatch of the equipment. All payments must be cleared funds.
All goods will remain the property of The Gym Suppliers Ltd until full payment has been received by either the customer or any nominated third-party leasing company.
If for any reason the customer cancels their order prior to despatch for any products without any such justification, and The Gym Suppliers Ltd suffered a financial loss as a result of this cancellation then the deposit will not be refunded.
If The Gym Suppliers Ltd are unable to supply goods by the agreed date, the deposit will be refunded in full.
If for any reason the customer delayed the delivery or collection of their order, then full payment would be required on the date stated on the order acknowledgement and storage costs maybe then be incurred until the customer requests the goods to be despatched.
The customer shall make all payments due under the contract without any deduction whether by way of set – off withholding, counterclaim, discount, abatement or otherwise.
If any sum due from the customer to The Gym Suppliers under the contract or any other contract is not paid on or before the due date for payment, then all sums then owing by you to The Gym Suppliers Ltd shall become due for immediate payment.
In the event of non payment The Gym Suppliers Ltd shall be entitled to:
Cancel or suspend its performance of the contract or any order including suspending deliveries of the goods and / or
Require the customer to pay for Goods prior to their dispatch or collection from The Gym Suppliers Ltd and /or
To suspend delivery or terminate the contract in respect of any of the equipment remaining undelivered and /or
The cost of obtaining judgement or payment to include all reasonable professional costs (including legal fees) and other costs of issuing proceedings or otherwise pursuing a debt recovery procedure should this course of action be required.