GYMAID LIMITED - TERMS AND CONDITIONS OF TRADING

The following terms and conditions are set by Gymaid Limited (Gymaid) when supplying equipment or services to a customer. The purpose of our terms and conditions are to set out fair and reasonable terms in a clear manner to protect Gymaid Limited and its customers. Acknowledgement of these Conditions shall constitute the agreement between Gymaid and the customer. If you have an account with Gymaid we will only require you to acknowledge our terms and conditions on the first order. No variation of those terms will be effective unless confirmed in writing by Gymaid, and in no event will any customer’s standard conditions of business apply.

ACCEPTANCE The contract between the Customer and Gymaid is made on the date when an order acknowledgement is dispatched. The acknowledgement will include a description of the goods or services. It is the Customer’s responsibility to check that the description of the goods or services is acceptable. The customer must notify Gymaid immediately if this description is not acceptable. Goods may be returned for credit only with the written permission of Gymaid, and at the Customer’s expense. Goods returned without the permission of Gymaid will not be accepted and any carriage charges incurred will be the responsibility of the Customer. Such permission will only be given if the goods have not been used and are returned in excellent condition. Acceptance of returned goods will be at the sole discretion of Gymaid. Insurance of goods due for return whilst at the Customer’s premises and whilst in transit to or from Gymaid or the Customer shall be the responsibility of the Customer.

PRICE All prices shown in any price list published at any time by Gymaid may be varied without notice. Delivery charges may apply. VAT is applicable on all purchases. Fitting charges are not included unless specifically indicated in writing by Gymaid. Prices for overhead work assume that suitable access towers and/or ladders will be supplied by the customer.

PAYMENTS ON ACCOUNT Account holders with Gymaid shall pay in full within 30 days of the invoice date. In the event of default of payment or payment in full not being received within the 30 days, a £20 late payment fee will be charged along with an interest charge of 2.5% per month on the outstanding balance. Default of payment will also result in a stop on the account and further orders will require payment up front. Gymaid strongly encourages customers to call and talk to us if they are having trouble paying by the due date or have any concerns over the equipment delivered.

NEW ACCOUNTS are opened subsequent to our receiving satisfactory references from two trade referees and
the Customer’s bankers. The first transaction carried out with any new account will be on a payment up front
basis. Deposits may be agreed at Gymaid’s discretion. New customers who do not wish to open an account
will be required to pay up front.

TITLE, DELIVERY AND RISK You may receive the delivery in stages. Ownership to the equipment shall remain with Gymaid until payment in full is received. Until that time, Gymaid will be entitled to repossess the equipment. Until payment has been received in full, the Customer shall not sell, or dispose of the equipment or alter any mark, will keep the equipment safe and insured with a reputable insurer from the date of delivery for an amount at least equal to the price at its own expense, and will return the equipment to Gymaid on demand and provide us with such information concerning the equipment as we may reasonably request from time to time. It is the Customers responsibility to advise Gymaid of any short delivery or damage by telephone immediately followed written confirmation within three days.

INSTALLATION AND REPAIR The customer will ensure that adequate power supplies for the operation of electrically powered tools are available on site, and that lighting and heating is available for use. The Customer will ensure that all floors and working areas are clear of other equipment before installation or repairs are commenced. The Customer will be responsible for arranging for Gymaid to have adequate access to the installation or repairs site to enable work to take place. The colour of the equipment shall be that normally supplied unless variation is agreed in writing.

WARRANTY AND EXCLUSIONS Gymaid warrants the equipment for a period of one year from the date of delivery. The warranty excludes typical wear and tear on parts such as springs, beds, and floor protection. During such period any servicing due to defect will be done by Gymaid free of charge. If the equipment is, in Gymaid’s opinion, damaged or abused it will be repaired if economically possible, at the Customer’s expense. The equipment should be serviced regularly;
Gymaid cannot accept any liability for any loss or damage arising as a result of
(i) The equipment having been serviced by persons other than those approved by Gymaid or
(ii) Replacement parts, additional parts or accessories other than those approved by Gymaid having been incorporated on to or attached to the equipment or
(iii) The equipment having been adapted for use or operated or used in such a way as would not conform to the recommendations of Gymaid.
(iv) Normal course of the use of the equipment or as a result of wilful damage or your negligence

LIABILITY Nothing in these conditions is intended to exclude our liability where consumer protection legislation or contract law prevents us from doing so. In no circumstances will Gymaid be liable for any interruptions in the use of the equipment. In particular, Gymaid can accept no liability for any damage or injury to any person or property caused by mishandling or improper use. It is the Customer’s responsibility to ensure that all persons using the equipment are properly qualified.

TERMINATION If the Customer defaults in complying with any of these conditions or in the event of the Customer committing any act of bankruptcy or going into liquidation or if there is any reasonable reason to suspect that bankruptcy or liquidation proceedings may be imminent or suspending payment of debts or making any arrangement with creditors, Gymaid shall be entitled to cancel any contract without notice. The customer will return any goods then in their possession but not paid for in full. The Customer has the right to terminate the contract within 5 working days from placing the order, after that period the customer agrees to pay in full, either upfront or within 30 days for account holders, for any goods or services ordered. If the customer requires an urgent delivery then they forgoe this cooling off period and will be pay for any expenses incurred in making or despatching the order. If required by Gymaid, a further payment will be charged to cover the cost of disposal of the goods to a third party.

EXPORTS No equipment or materials supplied by Gymaid shall be exported or transported in any manner to any foreign country outside England, Wales, Northern Ireland or Scotland without the express permission in writing of Gymaid. In particular this applies to the United States of America and Canada to which countries the export of equipment or materials supplied or manufactured by Gymaid or in which countries the use of such equipment in any way whatsoever is expressly forbidden in any circumstances by any persons.

MISCELLANEOUS The contract shall be read and construed in accordance with English law.

Disputes will be submitted to the exclusive jurisdiction of the Courts of England and Wales.

Force Majeure: The Seller will not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, accidents, war, fire, technical failure acts of terrorism and the seller shall be entitled to a reasonable extension of its obligations.

Waiver: No delay, act or omission by either you or us in exercising any remedy or right shall be deemed a waiver of that, or any other remedy or right.

Rights of third parties: This contract is not enforceable by any third party under the contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement: This contract constitutes the entire agreement between you and us in relation to its subject matter. No other forms apply.

0845 230 3036 or email info@gymaid.com
Gymaid Ltd. Registered Office: Jumpers Rebound Centre, Mill Road, Gillingham, Kent, ME7 1HN.
Directors M Laws & E Laws. Reg. in England No 1223414 VAT No. 215765459