Terms and Conditions of Sale

  • General Terms
  • Definition of Terms
  • Buying Items and Services (Products/Services)
  • Provision of Goods and Services
  • How to Pay 
  • Deposit
  • Delivery and Collection of your Goods and Services
    • Parcels/Pallet curbside delivery
    • Customer collections
  • Delivery and Installation
  • Service of Equipment
  • Repair of Equipment
    • Buy Backs
  • Delay
  • Your Right to Cancel
    • Stock Items
    • Made to Order
    • Services
  • Security
  • Warranties
  • Extended Warranties
  • Ownership of Goods/Transfer of Title
  • Data Protection
  • Complaints
  • Disclaimer
  • Environmental Policy
  • Anti Slavery Policy

General Terms

Staffs Fitness Limited 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 Staffs Fitness 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 Staffs Fitness 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 Staffs Fitness Ltd. in writing.

Definition of Terms

Customer Means those customers notified by Staffs Fitness Ltd in writing that they are authorised customers
Staffs Fitness Ltd Means Staffs Fitness Ltd. (Registration number 3418160) whose registered office is at Unit 1 Staffs Industrial Estate, Alan Alfred Avenue, Fenton, Stoke-On-Trent ST4 2LY
Contract Means any contract between Staffs Fitness 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 Staffs Fitness Ltd. accepting a customer order
Goods Means any goods agreed in the contract to be supplied by Staffs Fitness Ltd. to the customer
Stock Items Means generic products or services held in Staffs Fitness 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 manufacture rendering the product unsaleable for any other customer
Services Means any services performed by Staffs Fitness Ltd. in accordance with the contract
D and I 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.
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 start up 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 Staffs Fitness Ltd or another third party at the customers cost and entirely at the customers own risk
Delivery Means delivery to the curbside and following conditions set down by carriers we use.

Buying Products and Services

No order shall be deemed accepted by Staffs Fitness Ltd. without an order acknowledgment and means to pay. Only when the Staffs Fitness Ltd. has notified the customer of acceptance of the order shall the contract between Staffs Fitness 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 Staffs Fitness Ltd. 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 Staffs Fitness 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 supplier Staffs Fitness Ltd.  But may be honoured or a new quotation issued at the supplier’s discretion.

Submission of a quotation in no way obliges Staffs Fitness 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 Staffs Fitness Ltd have converted into a sales order acknowledgment then the order is deemed to be a legally binding commitment to purchase goods or services.

Buying 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 Staffs Fitness Ltd will resource the relocation work based on this acknowledgement.

If Staffs Fitness 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 Staffs Fitness 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 Supply Chain work

In addition to the above “Buying Products and Services “Staffs Fitness Ltd will complete a supply agreement for any supply chain work that a customer requires.  This will include contract terms and a service level agreement.  This contract will be a time limited legally binding document and signed off by both parties (Staffs Fitness Ltd and the customer) prior to the commencement of any work.

Buying Service and Repair of Equipment work

In addition to the above “Buying Products and Services” Staffs Fitness Ltd. 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 (Staffs Fitness Ltd and the customer) prior to the commencement of any work

In addition to the above “Buying Products and Services” Staffs Fitness 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 a Staffs Fitness Ltd. 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

Staffs Fitness 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. Staffs Fitness 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.

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 Staffs Fitness Ltd. 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 Staffs Fitness Ltd.

If Staffs Fitness 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 Staffs Fitness Ltd 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, then the equipment profile is different that agreed on the order acknowledgment Staffs Fitness 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

Staffs Fitness 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 web sites /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 Staffs Fitness Ltd. price list are provisional and shall be subject to variation without notice.

Goods and services are invoiced at the price prevailing at the date of dispatch.

Staffs Fitness 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 Staffs Fitness control.

Carriage prices with 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.  

Deposit

All orders purchased through web sites /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 amount may be required when the order is placed.  A non-refundable deposit will always be required for products and services supplied on a bespoke make to order basis.

The balance of payment is become due prior to the time of installation or delivery of any order unless other terms are stated in writing by Staffs Fitness Ltd. before the date of despatch of the equipment.  

All goods will remain the property of Staffs Fitness Ltd until full payment has been received by either the customer or any nominated third party leasing company.

If for any reason the customer cancelled their order prior to despatch for any products without any such justification, and Staffs Fitness Ltd suffered a financial loss as a result of this cancellation then the deposit will not be refunded.  

If Staffs Fitness Ltd are unable to supply to 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.

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 Staffs Fitness Ltd. 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 Staffs Fitness Ltd. shall become due for immediate payment. 

In the event of no payment Staffs Fitness 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 you to pay for Goods prior to their dispatch or collection from Staffs Fitness Ltd. and /or

Charge you interest of 2% a month or part thereof on monies overdue and 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.

Delivery and Collection of Your Goods and Services

Goods

Parcels/Pallet (Curb-side delivery)

No goods will be released until all orders are paid for in full and funds are cleared.

Staffs Fitness Ltd will aim is to deliver the goods or perform the services within the agreed service level for this standard of service.

Staffs Fitness Ltd. shall arrange for the carriage of the equipment to the customer unless otherwise specified in the order acknowledgement. 

If for any reason, when goods are received, there is any noticeable damage on the packaging, then the customer should sign for the package as damaged, check the order and if for any reason, there is damage to the product/s inside call Staffs Fitness Ltd to resolve the issue. 

Photographic evidence will be required in all cases by Staffs Fitness Ltd. And return of the product may be required in some circumstances. Staffs Fitness Ltd. Also reserves the right to send out one of its engineers to inspect any damage at the customer site.  Entry to the customer premises should be allowed.

Packaging damage must be notified to Staffs Fitness Ltd head office in e-mail and writing within 48 hours of receipt of the goods. Staffs Fitness will then process the claim on behalf of the customer.

The equipment shall be at the customer’s risk from the moment of signing for the delivery at the customer’s premises.  

Failure to comply with the above will invalidate any damage claim to Staffs Fitness Ltd. 

Customer Collection

Please note, no goods will be released until all orders are paid for in full and funds are cleared.

Once the order has been placed, a collection time will be allocated to the customer.  If for unforeseen circumstances the customer is unable to collect at the agreed time then they will be required to call Staffs Fitness Ltd. to reschedule. 48 hours’ notice must be given for rescheduling.

On arrival to collect the order, the customer will be required to follow on-site warehouse ‘goods out’ rules and restrictions. Visitors will always be supervised and stay within the parameters set out by Staffs Fitness Ltd. Employees. 

Any orders collected, will have dispatch documentation with them. This documentation will be signed for by the customer. Goods will not be released with a signature. 

Once goods are collected, visitors will be expected to leave the warehouse goods out area promptly for safety and security reasons. 

Delivery & Installation

Please note, no goods will be released until all orders are paid for in full and funds are cleared.

Delivery and/or installation dates are estimates only and given in good faith but are not guaranteed.

At the point of placing the order, the customer will be asked to explain the site details for the arrival of the order. Staffs Fitness Ltd will provide an installation document to collect the relevant information. No installation will be booked without the documentation being completed and returned. 

On the return of the completed documentation, the Staffs Fitness Ltd salesperson will finalise the delivery and installation charge to the customer. Once agreed and paid for in full, the delivery and installation will be booked within the agreed service levels.

Two weeks written notice must be given to Staffs Fitness Ltd of any change likely to affect delivery for the change to be implemented. This change must be given in writing to the relevant salesperson. 

Once the delivery dates are agreed the order will be passed to the Staffs Fitness Ltd. despatch department and the installation team will be booked to come to complete the job. 

If Staffs Fitness 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 Staffs Fitness Ltd reserves the right to cancel and rearrange the relocation. The customer will be liable for any costs incurred when a relocation is rearranged. 

Any order delivered will require the signature for dispatch and delivery documentation. 

Staffs Fitness Ltd. reserves the right to charge storage where the customer delays installation. This rate will be based on the current industry standard pallet rate.

Part delivery shall be deemed to be a separate contract for the purposes of these conditions. Failure to comply with one or more delivery dates shall not be deemed to be a repudiation of the balance of the contract. 

With orders that require installation, Staffs Fitness Ltd will deliver to the point where the equipment is required.  There will only be a limited amount of wall and floor mounted items that will be installed and fastened to customer surfaces.

Service and repair of equipment

Staffs Fitness Ltd will give written notice of an engineer’s presence on site prior to arrival

When a Staffs Fitness Ltd service engineer arrives at a customer site, they will always make themselves known and sign in with the relevant person at site, ascertain the work required and then keep the customer abreast of progress during the completion of work.

At the point of leaving site the Staffs Fitness Ltd engineer will always ensure that the service job sheet is signed off by the customer for work completed on the day.

This job sheet will then be used as the basis for any further follow up work required 

Any job sheet will always be sent to the customer with any additional paperwork – Invoice/service certificate.

Buy Backs

No goods will be collected until all documentation has been completed and received e.g. brand names, serial number etc. Once this has been received, Staffs Fitness Ltd. will agree a date with the customer to extract the agreed equipment. 

Where equipment is secured to the structure or fabric of the building and needs to be unfastened from either the wall or floor, then Staffs Fitness Ltd will advise the customer of which pieces Staffs Fitness. Ltd can remove, and which pieces will need to be removed by themselves before the extraction. 

Prior to extraction date, a set of RAM’s will be completed and signed off by the customer.

Prior to arrival at site, Staffs Fitness Ltd will always advice the customer of a key contact-name and telephone number.  

On arrival at site on the agreed delivery date, any site induction will be completed as appropriate. Full PPE will be worn as appropriate and the upmost care taken to protect the customers facilities. Time for collection is given as accurately as possible but is not guaranteed.

It will be the responsibility of the customer to ensure the safety of its customers, staff and agents.  Clear warning signs may need to be provided to clear access routes for Staffs Fitness Ltd. technicians/engineers.  Staffs Fitness Ltd will need assurance that the customer is operating within current health and safety legislation.

Any changes to the delivery schedule may incur costs and any unreasonable delay time by Staffs Fitness Ltd Engineers at the point of taking the equipment away may also incur costs.

Whilst every care is taken during collection, delivery or installation, the equipment is heavy and bulky and slight damage to the building and surroundings may be unavoidable. If this is the case any damage/ issues would annotated on the paperwork.

Delay 

Staffs Fitness Ltd aim is to deliver the goods or perform the services within the agreed timescale on the order. However, it is not always possible to do this.  Staffs Fitness Ltd accept no liability for any incidental expenses caused by late or failed deliveries.

Staffs Fitness Ltd shall not be liable for any delay or for any consequence of any delay on production or delivery of any equipment if caused by force majeure (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 any Act of God or by any other matter whatsoever beyond the Staffs Fitness Ltd reasonable control. 

 

Your Right to Cancel

Stock Items 

If an order is cancelled prior to delivery, then any deposit paid will be non-refundable as stated in the Staffs Fitness Ltd deposit policy.

A cooling off period is time allowed under law to enable a consumer to cancel an agreement without incurring any penalty. In consumer credit, the cooling off period permitted by the Consumer Credit Act 1974 as part of your Right to Withdraw is 14 days. 

Cancellation of an order by the customer for whatever reason shall entitle Staffs Fitness Ltd to recover any reasonable ancillary costs and expenses incurred over and above these terms above.

Staffs Fitness Ltd customers have 14 working days cooling off period to decide whether they want to keep goods that they have purchased. If they choose to return the cost of post and packaging will be borne by the customer and goods must be received in perfect condition and in their original packaging.  

There may be a re stocking charge for any returned good of 10%

If not in their original condition Staffs Fitness Ltd. reserve the right not to accept the goods at its warehouse nor issue a refund or credit. If the goods gave been removed from their original packaging or assembled, then the customer right to cancel may be forfeited.

Made to Order Items

The right to cancel does NOT apply to products that are made to the customer specifications. This includes customed coloured products, flooring cut to specification before installation, lifting platforms, customised dumbbells, wear strips and any other personalised/bespoke products.

Service Items

For any relocation, installation or general movement of kit the following cancellation conditions apply:

Shipping – All Shipping/Freight/ Transport costs already incurred prior to notification to be reimbursed.

Cancellation – Cancellation in writing up to 12 noon on day prior to previously agreed and scheduled delivery will incur no charges other than shipping charges etc as outlined above.

Cancellation after 12noon on day prior to previously agreed and scheduled delivery handling charge will apply for unloading vehicles and restocking warehouse.  This will be 10% of the total value of the order.

 

Security

Online payments may be made by debit or credit card. Payment using a debit or credit card is taken at the time a customer places an order and is processed using an independent company’s secure payment processing system. Staffs Fitness Ltd does not have access to the customer card payment information.

Warranties

All equipment sold by Staffs Fitness Ltd. is covered by a warranty as specified at the point of sale on the order acknowledgement.

All refurbished equipment sold by Staffs Fitness Ltd. is covered by a warranty as specified at the point of sale on the order acknowledgement.

All sold as seen equipment is not covered by warranty of any kind.  

Any queries around warranties or policies must be direct to Staffs Fitness Ltd head office. A full copy of our warranty policy can be found through our website. 

Warranties only apply to goods within mainland UK.

Extended warranties may be available on some products.  These will be chargeable and discussed with the customer at the point of “Buying goods or services”

Extended Warranties

Extended warranties may be available on some products.  These will be chargeable and discussed with the customer at the point of “Buying goods or services”

Ownership of Goods/Transfer of Title

Until the customer has paid in full for the goods, they will remain the ownership of Staffs Fitness. Ltd. and the goods will need to be stored in a proper manner and conditions which adequately protect and preserve the goods separately from any other goods and ensure that they are clearly identifiable as belonging to Staffs Fitness Ltd. The good shall be insured without any charge to Staffs Fitness Ltd.

If the payment terms are not adhered to then Staffs Fitness Ltd may proceed with legal action to ensure the return of the equipment. 

If the customer sells any of the goods prior to paying in full, then they will be required to hold the proceeds of sale on trust for Staffs Fitness Ltd. and shall immediately pay the proceeds of the sale into a separate bank account.  

Data Protection

All customer information will be treated under the terms of the Data Protection Act 2018. As required by GDPR regulations Staffs Fitness Ltd will not pass on customer details to other companies.  Staffs Fitness Ltd may identify and inform the customer of other products and services offered by Staffs Fitness Ltd. in the scenario that the customer has previously expressed an interest. Opportunities to unsubscribe from Staffs Fitness Ltd mailing will be given at every opportunity.

Complaints

Staffs Fitness Ltd. endeavour to offer the best possible service available to customers.  In the unlikely event of an issue then a customer in the first instance should contact their relevant sales representative to resolve any issue.  All issues will be treated seriously, and a prompt resolution provided.

Disclaimer

Staffs Fitness Ltd. reserves the right to amend equipment specifications or prices without prior notice and such amendments shall take effect upon notice to the customer.  

Staffs Fitness Ltd will endeavour to keep product information as up to date as possible. However, specifications may be liable to change without notice.  

Due to the nature of Staffs Fitness Ltd refurbished product 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. 

Staffs Fitness Ltd makes every effort to provide accurate and up to date information.  but cannot be held responsible for any errors or omissions on the Staffs Fitness Ltd web site or marketing material. If a pricing error is discovered on an order, a Staffs Fitness Ltd sales representative will contact the customer to identify whether they wish to cancel or continue with an order.  Staffs Fitness Ltd will not be obliged to supply goods at the incorrect price.

All orders through are web site are subject to acceptance by Staffs Fitness Ltd.  who may choose not to accept an order for any reason and will not be liable to anyone in those circumstances.

Staffs Fitness Ltd does not endorse the views of any supplier or other parties that we meet.

Environmental Policy

Staffs Fitness Ltd aim to comply with WEEE regulations designed to address the environmental impact of electrical and electronic equipment when it reaches the end of its life.  As a distributor they committed to reducing the amount of waste that goes into land fill. 

Staffs Fitness Ltd have an active recycling policy for cardboard, wood, plastics, polystyrene, and metals.

Their commitment is to:

  • Continuously improve environmental performance and integrate recognised environmental management best practice into business operations.
  • Reduce consumption of resources and improve the efficient use of those resources.
  • Measure and take action to reduce the carbon footprint of the business activities to meet our published objectives and targets.
  • Manage waste generated from the business operations according to the principles of reduction, re-use and recycling.
  • Manage the business operations to prevent pollution.
  • Give due consideration to environmental issues and energy performance in the acquisition, design, refurbishment, location and use of buildings.
  • Ensure environmental, including climate change, criteria are considered in the procurement of goods and services.
  • Comply as a minimum with all relevant environmental legislation as well as other environmental requirements to which the firm subscribes.

Anti Slavery Policy

Modern slavery is a crime and a violation of fundamental human rights. It takes various forms, such as slavery, servitude, forced and compulsory labour and human trafficking, all of which have in common the deprivation of a person’s liberty by another to exploit them for personal or commercial gain.

Staffs Fitness Ltd has a zero-tolerance approach to modern slavery, and we are committed to acting ethically and with integrity in all our business dealings and relationships and to implementing and enforcing effective systems and controls to ensure modern slavery is not taking place anywhere in our own business or in any of our supply chains.

Staffs Fitness Ltd are also committed to ensuring there is transparency in our own business and in our approach to tackling modern slavery throughout our supply chains, consistent with our disclosure obligations under the Modern Slavery Act 2015.

We expect the same high standards from all our contractors, suppliers, and other business partners, and as part of our contracting processes, Staffs Fitness will include specific prohibitions against the use of forced, compulsory or trafficked labour, or anyone held in slavery or servitude, whether adults or children, and we expect that our suppliers will hold their own suppliers to the same high standards.

This policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives, and business partners.

This policy does not form part of any employee’s contract of employment, and we may amend it at any time.

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