Terms and Conditions
1 General
i)Any contract entered into by Olympic Gymnasium Services ("the Vendor")
for the supply of goods or services is subject to these conditions.
No other terms, or conditions (including any written on or attached to
any purchase order, form, document or correspondence) shall be included
or implied unless previously agreed upon in writing and signed by an
authorised officer of the vendor. No purported variation of the terms will
be effective unless confirmed in writing by the vendor, and in no event will
any customer's standard terms and conditions of business apply. No liability
shall attach to the vendor, its agents or employees in respect of any representations
or statements made, whether before or after agreement is reached unless confirmed in
writing by the vendor. No forbearance nor indulgence by the vendor in enforcing any
term shall constitute a variation of it or a waiver of the vendor's rights under it.
ii)In the event of any conflict or inconsistency between these terms and conditions of
trading and the terms of your order, these terms and conditions prevail, unless otherwise
agreed by the vendor in writing.
iii)Telephone orders must be confirmed in writing. No responsibility can be expected nor accepted for inaccuracies of orders
given by telephone.
2 Definitions
In these conditions the expression (the order acknowledgement) shall mean the form sent in accordance with these conditions under clause 3 and the expression "the customer", "the equipment" and "the price" shall have the respective meanings shown in the order acknowledgement.
3 Acceptance
i)No order shall be deemed accepted by the vendor unless received in writing and upon receipt of the vendor's official order acknowledgement. Once the vendor has notified the customer of acceptance of the written order by despatch of the order acknowledgement the contract between vendor and customer shall be deemed to be made.
ii)Any quotation issued by the vendor shall be open for acceptance at any time up to and including the acceptance date shown on the quotation. After the expiration of the acceptance date the quotation must be confirmed in writing by the vendor.
iii)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 may be sent by the vendor to the customer.
4 Prices
i)All prices shown on the vendor's price list or any price quoted by the vendor are provisional only and subject to variation without notice.
ii)Goods are invoiced at the price ruling at the date of despatch.
iii)Prices do not include installation costs, costs of preparing site foundations, removal of old equipment, provision of access towers or ladders, carriage, packing and insurance on deliveries, unless otherwise stated.
iv)Prices quoted are exclusive of VAT which is chargeable at the rate ruling at time of supply of goods or services.
v)The vendor reserves the right to amend the price to cover any alterations in labour, raw material, transport or production costs or fluctuations in foreign exchange rates in the event that completion of delivery is delayed for any reason beyond the vendor's control.
5 Additional costs
The customer shall pay for any loss or extra cost incurred by the company through the customer's instructions or lack of instructions or through failure or delay in taking delivery or through any act or default on the part of the customer, its servants or agents.
6 Terms of Payment
A 25% deposit is required with the order, the balance of payment being due in 21 days unless other terms are stated in writing by the vendor, before the date of despatch of the invoice. Where goods are delivered in instalments, the company shall be entitled to invoice each instalment when delivery or performance thereof has been effected. The time for payment shall be the essence of the contract. In the event of default in payment by the due date the vendor reserves the right at any time to impose an interest charge of 4.5% a month over bank base rate (or any rate defined in Statute whichever is greater) or part thereof on monies overdue and to suspend delivery or terminate the contract in respect of any of the equipment remaining undelivered.
7 Delay
While time of delivery shall not be the essence of any contract the vendor shall make every reasonable effort to deliver the equipment by the agreed delivery date. The vendor shall not be liable for any delay or for any consequence of any delay on production or delivery of any goods if caused by fire, strikes, lockouts, dispute with workmen, flood, accidents, delay in transport, shortage of fuel, default of supplier, inability to obtain material, embargo act or demand of any government, government department or local authority as a consequence of war or of hostilities, (whether war be declared or not) or by Act of God or by any other matter whatsoever beyond the vendor's reasonable control. If any such delay occurs then (unless the cause frustrates or renders impossible or illegal the performance of this contract or otherwise discharges it) the period for the vendor to perform its obligations shall be extended by such period (not limited to the length of the delay) as the vendor may reasonably require to complete the performance of its obligations.
8 Cancellation
i)Cancellation of an order prior to delivery will be accepted only on payment of 15% of the order value however, if goods have been placed in the works cancellation cannot be made and the full price is payable.
ii)Cancellation after delivery and/or after delivery and installation cannot be accepted and payment must be made in full.
iii)Cancellation of the order by the customer for whatever reason shall entitle the vendor to recover any ancillary cost and expenses incurred over and above these terms laid down in 8(i) and 8(ii) above.
9 Delivery and Collection
i)Any time or date given by the vendor for delivery is given as an estimate only and the vendor shall not be liable to make good any damage or loss arising directly or indirectly from delay or advance in delivery. Two weeks written notice must be given to the vendor of any change likely to affect delivery for the change to be implemented.
ii)The vendor shall arrange for the carriage of the equipment to the customer unless otherwise specified in the order acknowledgement. The equipment shall be at the customer's risk as from the moment of delivery to the customer's premises. Claims for loss or damage to the equipment in transit shall be made by the customer directly to the vendor within 3 days of receipt of the equipment or if the equipment is not delivered within 21 days of the date of the vendor's invoice for the equipment.
iii)Items may be collected from the vendor's premises provided payment is made at the time or a written order has been charged to an approved credit account beforehand.
iv)The vendor reserves the right to charge storage where the customer delays installation of a non standard or special order more than 2 months after the date of installation requested by the customer. This rate will be 4.5% above current bank base rate multiplied by the sales contract value of the goods in storage.
10 Transfer of Title
Although the customer may acquire possession of the goods, ownership and title shall not pass to the customer until the customer has paid all debts in full due to the vendor and until such time the customer shall:
i)Hold the goods in a fiduciary capacity as agent for the vendor and shall be accountable to the vendor for the proceeds of sale of such goods.
ii)Inform any sub-purchaser that the goods are sold subject to a retention of title clause and impose a clause in similar terms to the sub-purchaser providing the same rights as in this clause.
iii)Pay the proceeds of sale of goods belonging to the vendor into a separate bank account.
iv)If requested to do so by the vendor, produce payment by a sub-purchaser direct to the vendor.
v)In the event of any breach of this clause, if requested by the vendor, permit the vendor to enter the premises where their equipment and goods are being stored and permit removal of the equipment or goods into the vendor's possession.
vi)Until full payment has been received not sell, charge, or otherwise dispose of the equipment (except if it is the express wish of the vendor to do so), shall keep the equipment safe and insured at its own expense and shall return the equipment to the vendor on demand.
11 Installation and Maintenance of Equipment
i)When installation is to be undertaken by the vendor the contract price is based upon the particulars supplied by the customer and/or from a visual inspection at the time of quotation and assuming normal mechanical equipment can be utilised and a mutually acceptable programme of works agreed. Any additional works or materials or equipment or drainage or damp or infestation treatment found to be necessary subsequently which was not apparent from the particulars or visual inspection will be charged extra. The price does not include the supply and installation of any conduit or power supply and cable to any electrically operated equipment or the supply of site security for any curing period or for plant and equipment storage deemed necessary by the vendor or for disposal of waste or any materials removed unless otherwise stated.
ii)The customer shall allow the vendor adequate opportunity to install the equipment before ceiling or wall panels or any other permanent fixtures, which could conflict with the installation of any fixed equipment are put in place. The customer shall give the vendor adequate reasonable notice regarding the position of any lighting, heating, ventilation, public address systems or any other equipment which will conflict with the installation of equipment. The customer will provide 2 weeks notice in writing that the site is ready for work to commence.
iii)The customer shall be responsible for ensuring clear, adequate and uninterrupted access to the installation site for the vendor to enable installation and/or maintenance to take place. Where reasonable, exclusive and safe access is denied at any time the vendor reserves the right to charge for extra time and travelling costs incurred. Where a specific completion date is required by the customer, the vendor may require access to the installation site outside normal working hours, in which case such access must be given without the vendor being liable for any cost incurred by the customer or third parties. The customer shall supply all site power and heating and services required by the vendor for the purposes of installing the equipment.
iv)The commencement or continuation of site work is at the discretion of the vendor should climatic or site conditions be deemed inadequate to produce an installation to the vendor’s standards. Where preparation works have been undertaken by other contractors the vendor reserves the right to inspect these prior to work commencing and any irregularities that do not conform with the vendor’s specifications will be brought to the attention of the customer and any additional materials and labour required to meet the vendor’s standards and/or meet the work schedule will be charged extra. The vendor accepts no responsibility for the quality of its works where recommended preparations have not been carried out.
v)Where flooring works are required the customer shall ensure all curtains, blinds, decorations and openings except the main entrance have been removed or masked. The vendor is not responsible for any cleaning of items not suitably masked nor any cleaning above 2m height. Where new line markings or seals are added to existing surfaces the customer shall ensure that all floors and surfaces are clean and clear of all substances adhering to them before any works have commenced and that the vendor has been informed of all seals and polishes used and that the floor area is completely clear of all other scaffolding or equipment or obstructions. Where any preparations required or recommended by the vendor have been either carried out by another party or deemed unnecessary by the customer the vendor accepts no responsibility whatsoever for the works quality meeting the vendor’s standards. In the event that, in the opinion of the vendor, the surfaces are not properly prepared or have been damaged during the course of the works the vendor shall not commence or continue any works and the customer shall be responsible for any additional costs thereby incurred. The customer shall ensure that a minimum temperature of 50F is maintained during installation of work carried out with PVC.
vi)The company reserves the right to instruct or employ a sub-contractor of its choice for the purpose of installing the goods.
vii)The colour of the equipment will be that normally supplied unless variation is agreed in writing.
12 Claims
i)Any claim by the customer that equipment supplied does not conform to contract must be made in writing within three days of delivery. The equipment concerned shall not be subject to any process nor disposed of until the vendor has had the opportunity to make an inspection and/or test the equipment. The customer should examine the equipment upon delivery and if any items are damaged or missing should state details on the goods received note. Equipment should be signed for "not examined" unless opened on receipt and found correct otherwise the vendor cannot accept responsibility.
ii)If the equipment is not found to be defective the vendor's cost of inspection shall be borne by the customer. If the equipment is found to be defective, the vendor shall at its option replace them or credit the customer with their invoiced value or part thereof and this shall be the limit of the vendor's responsibility.
iii)The customer should inform the vendor if goods have not been received within three days of despatch (in mainland UK).
13 Warranty and Exclusions
i)The vendor warrants the equipment to be free of defects in materials and workmanship for a period of one year from the date of delivery. During such period any servicing or rectification due to such defects shall be effected by the vendor without charge. If the equipment is damaged, abused or worn from extended use during the warranty period it will be repaired if economically possible at the customer's expense.
ii)No other conditions or warranties express or implied shall apply except insofar as they are bound by law.
iii)The equipment should be serviced regularly. The vendor cannot accept responsibility for any loss or damage as a result of:
1 The equipment having been serviced by persons other than those approved by the vendor.
2 Replacement parts, additional parts and accessories other than those approved by the vendor.
3 The equipment having been adapted for use or operated in such a way that does not conform with the recommendations of the vendor.
iv)In no circumstances whatsoever shall the vendor, its employees or agents be liable for any special indirect or consequential damage arising out of any matter contained, implied or referred to herein. In particular the vendor cannot accept any liability for any expenses or losses incurred as a result of any interruptions in the use of the equipment. The liability of the company to the customer for any loss or damage of whatsoever nature and howsoever caused shall in no circumstances exceed the purchase price of the goods and/or services.
14 Invalidation and Termination of contract
If the customer shall fail to pay the contract price to the vendor on the due date or, if a natural person die or be subject of an order under the Mental Health Act 1959, or if any distress or execution is levied upon the customer's property or assets or if the customer shall offer to make a scheme or arrangement with creditors or commit any act of bankruptcy or, being a company has a receiver/manager appointed over any part of its undertaking or assets or if a resolution for the winding up of the company be passed then the vendor may treat all sums due or to become due on any accounts as immediately payable and/or suspend or cancel further deliveries or require payment in advance or recover any goods which are unsold wherever they are stored or treat the contract as repudiated by the customer but without prejudice to any other rights of the vendor.
15 Costs
In the event of non payment or other default by the purchaser the vendor shall be entitled to recover all legal costs incurred thereby and interest on the monies outstanding calculated at 4.5% over the current bank base rate compounded on a monthly basis.
16 Waiver
Waiver by the vendor of any of these conditions shall not in any way affect the validity of any other conditions herein.
17 Exports
i)No goods or materials supplied by the company shall be exported or transported in any manner to any foreign country outside the European Community without the express permission in writing of the company and in countries outside the European Community the use of such equipment is expressly forbidden in any circumstances by any persons.
ii)The customer shall indemnify the company against all claims and demands arising out of any breach by the customer of the provisions of this condition and against all costs, damages, losses and expenses incurred by the company incidental to or consequent on such claims and demands.
18 Miscellaneous
i)The customer shall not assign any rights or delegate any duties hereunder.
ii)The vendor reserves the right to sub-contract any or all of its obligations hereunder.
iii)These conditions shall be subject and construed in accordance with English law and the customer shall submit to the jurisdiction of the English courts.
iv)If any dispute as to the proper interpretation of these terms cannot be settled by mutual agreement it shall be referred for determination to a single referee pursuant to the provisions of the Arbitration Act 1950 or any statutory modification thereof and to be appointed in default of agreement by the current president of the Law Society.
19 Amendments to specifications
The vendor reserves the right to amend equipment specifications or prices without prior notice.
20 Small orders
A minimum order charge of £25 applies for any order less than £25 exclusive of VAT.
ALL PRICES ARE QUOTED EXCLUSIVE OF VAT WHICH WILL BE CHARGED AT THE CURRENT RATE.