Terms & Conditions
Payment Terms
All orders or contracts must be paid in full prior to delivery and or installation.
Acceptance
No order or contract shall be deemed accepted by us other than upon receipt of our official acknowledgement.
Cancellations
Cancellation before delivery will be at the sole discretion of Newbody Fitness Limited. Cancellation after delivery and installation is not accepted. In the event of cancellation by a distance sale consumer all money paid less delivery & collection costs will be returned or credited within 30 days of the later of receipt of notice of cancellation and the return of any purchased items. If the consumer does not return the goods then Newbody Fitness will be entitled to deduct the cost of recovering the goods from the money received. No refund will be granted for any goods that have been used or damaged by the customer. Regarding orders that are placed on-line or by e-mail, phone, fax or post (“Distance Sale”), the consumer has 7 days from delivery to cancel the order and the customer will be liable for any carriage charge sustained by Newbody Fitness in connection with the return of goods, which must be returned unused, in the original packaging. Proof of charges sustained by Newbody Fitness will be supplied on request. Claims in respect of alleged faulty goods shall not be a ground for withholding payment of accounts and shall not give the customer any right to set off against payment due to the Company. If part of a consignment is not received, this shall not be grounds for withholding payment for the remainder of the invoice on which these goods appear.
Returns
In the case of damaged or faulty products please contact Newbody Fitness immediately. All faults, damaged goods or discrepancies must be notified to Newbody Fitness within 48 hours of receipt. We will arrange for an engineer to call you to arrange an engineer visit to repair the fault. Newbody Fitness reserves the right to repair a faulty product at any time within the guarantee period, according to the terms of the guarantee for that item. Faulty goods will only be exchanged at the discretion of the manufacturer. Faulty products cannot be returned without the prior authorisation of Newbody Fitness. Authorised returns will only be accepted in the original packaging. Unauthorised returns will be refused. If the box or packaging is damaged on receipt the customer is advised to indicate this on the delivery note before signing. Any refund due will be processed upon receipt of item as above. Goods returned for refund will incur carriage costs. Any exchanges will also incur additional delivery charges. An admin charge of 15% of the total value of the Goods will be applied. Above information does not affect your Statutory Rights.
Installation
If you require installation of the product(s), the time between order and installation may be longer than for delivery only, though we always try our hardest to install as soon as possible. We will always try to arrive on time, but will not be held responsible for late arrival due to unforeseen circumstances. It is imperative that the space for the product(s) has been cleared and that access is unrestricted. Therefore we would ask that you provide Newbody Fitness with as much information as possible concerning the placement of the equipment in to your home, e.g. will it be going through single or double front door, lower / ground / first floor?. All prices quoted are for ground floor installations in the main building of the property or a garage at side of the main part of the building. Installations above or below ground floor or outside the main building i.e. an outhouse etc. will be subject to surcharge, especially if not mentioned at the time of order. You,(domestic customers only) may be asked to assist the installer to get the product(s) to their location; if no help is available then a two man installation may be required at extra cost. Adequate parking / vehicle access must be provided by the customer. Any charges incurred by the installer for parking will be chargeable. If the installation time is extended by there being inadequate parking /access then the extra time will also be chargeable at £40.00 per hour. It is the customer’s responsibility to check that the installation has been carried out to their satisfaction. If the customer is not present when the installation is completed the installation will be deemed as completed to the customers satisfaction. Any subsequent visits that may be required will be chargeable at the same rate as the first visit. Newbody Fitness is within its rights to refuse any installation if the installer deems the installation location to be hazardous or the request unreasonable. If the product does not fit into the area where the installation is requested and a representative of Newbody Fitness did not measure the area, then Newbody Fitness cannot be held responsible, therefore the customer will incur the cost of the visit. Agreed installation times must be adhered too. If you intend to use our equipment in a hotel, school, etc. (light commercial environment) or health club (full commercial) it is entirely the responsibility of the customer to check with Newbody Fitness that the product is suitable and manufactured to the required standards. Please provide any further details or information that you think might be useful in making delivery and/or installation easier. Should you have any queries or comments concerning either the forthcoming delivery of your equipment, or other items from Newbody Fitness, please do not hesitate to contact Newbody Fitness on +44 (0)1926 337000
Delivery Terms
Please note: Due to Health and Safety regulations upstairs deliveries are at the carrier’s discretion and are not guaranteed. This includes, but not limited to, steps that are immediately outside the premises, which are required to climb in order to gain access to the property.
Delivery
All orders are processed and shipped in the order that they are received. Normal delivery time is 7 to 10 working days. Delivery times may increase around holidays and peak shipping seasons. The freight delivery service you receive may vary among carrier companies. Since most carriers deliver to the curb side immediately adjacent to their vehicle and regard inside delivery as an extra service cost, it may be necessary for you to assist or move merchandise into your business/home, this is especially relevant if your premises covers several floors as carriers will only deliver to the ground floor entrance to the building. If you have alternative delivery requirements, please contact Newbody fitness and we can make alternative arrangements. Ideally include two telephone numbers so that the carrier can contact you should they need too. All deliveries are made Monday to Friday between 8am and 6pm. Saturday deliveries are available; please contact Newbody Fitness for a low cost quotation. Unfortunately our carriers are unable to give specific times for the delivery service, if you would like a specific time or weekend we would be happy to provide a quotation, please call Newbody Fitness on +44 (0)1926 337000
Newbody Fitness will not be held responsible for any delays/damages due to third party carriers, nor can we entertain any claims for compensation where the carrier fails to deliver at an agreed time. Any claims for damages to property caused by any third party carrier must be taken up direct with the carrier.
Standard Delivery
Time for delivery is given as accurately as possible, but is not guaranteed, and is subjected to extension to cover delay caused by strikes, lock-outs, works, breakdowns, delay in transport, shortage of raw materials, Government regulations or requirements, or any cause whatsoever (whether or not similar to those above-mentioned) beyond our control. Most “in-stock” products, delivered by our standard delivery service arrive within ten working days, but please allow up to twenty-one working days. For out of stock and imported items an estimate of the delivery date will be provided. Where a customer requests delivery on a specific date Newbody Fitness will not be held liable for any claim for compensation whatsoever, arising from failure to deliver on this date.
Timed Delivery
We cannot give a specific time of delivery within our standard delivery service by carrier. However deliveries before 9am, 10am, 12am and Saturday morning can be arranged at an additional cost or premium. Please ask your sales contact at the time of ordering for pricing of specific time deliveries.
Manufacturer – Timed Delivery, Assembly and Installation
This is an additional service at an additional charge which will vary depending on the equipment. Newbody Fitness will arrange for the manufacturer to contact the customer to arrange the installation appointment. The installer will try to install the equipment where the customer wants it, but due to the size and weight of some items, this is not always possible. Newbody Fitness will not be held liable if equipment cannot be delivered or installed and it is the customer’s responsibility to ensure that there is sufficient access. Additional delivery& installation costs will be charged to the customer for additional delivery visits or for additional delivery costs, such as additional staff or lifting equipment.
Newbody Fitness – Timed Delivery, Assembly and Installation
This is an additional service at an additional charge which will vary depending on the equipment. Newbody Fitness will contact you to arrange the installation appointment and we will always try to arrive at the arranged time, but cannot be held responsible for late arrival due to unforeseen circumstances. We will try to install the equipment where the customer wants it, but due to the size and weight of some items this is not always possible. Newbody Fitness will not be held liable if equipment cannot be installed.
Specific Delivery Date Orders
It is often possible to deliver on a specific date. Newbody Fitness will always try to ensure this happens, though we cannot guarantee it. Newbody Fitness cannot entertain any claim for compensation arising from late delivery due to a third party carrier.
Restricted Access
Although our carriers are equipped with detailed road maps of every area of the UK mainland, is there any further information that would make your home/business easier to locate? Due to the overall size of some delivery vehicles, Newbody Fitness or any carriers delivering on behalf of us must be informed of any restrictions regarding access for the delivery vehicle. This includes, though not limited to, steps (including those required to climb to gain access to the property entrance), trees, shrubs, steeply inclined driveways, narrow lanes, tight bends or any other restrictions that may make it difficult for the delivering vehicle to gain access to the point of delivery. Newbody Fitness will not accept any claims for compensation arising from non/failed/refused delivery of any item where the carriers or Newbody Fitness were not made aware of any points regarding access restrictions. In the event that the item is refused /cancelled due to these restrictions, the customer is liable for all carriage charges and a 15% admin fee will be applied. We would therefore recommend that you ensure the product will fit and can be transported to its ground floor point of installation easily. If you need to confirm the total ‘boxed’ dimensions of a product please call Newbody Fitness prior to placing your order.
Description
Colours, packaging and product specification may vary according to manufacturing changes, tolerances and stock availability. All descriptions and particulars furnished in price lists, literature and other documents issued by us are as accurate as possible, but being given for general information are not to be treated as binding unless specifically confirmed in writing. Any performance figures by us are based upon our general experience and are such as we expect to achieve. We do not accept any liability if the performance figures are not achieved unless we specifically guarantee them in writing.
Storage
We reserve the right to charge storage where the customer delays installation after the date of installation requested by the customer.
Prices
All consumer prices include VAT @ 20%. Full payment is required prior to delivery. Prices for all commercial equipment are quoted excluding VAT. Again full payment is required before delivery.
Price Promise
Newbody Fitness endeavours to offer the highest quality products at the most competitive prices. If within seven days of purchasing a product from Newbody Fitness, you discover the list price for the exact same product cheaper elsewhere, we will refund you the difference plus £10 where the product is priced at £200 or more elsewhere.
Information
Whilst Newbody Fitness attempts to ensure that the information available on this website is accurate at all times, we cannot guarantee that it is fault free. Newbody Fitness does not accept liability for any errors and omissions and reserves the right to change information and details of the products available on this site and the conditions relating there to.
Liability
Newbody Fitness makes no representation and excludes any warranty express or implied as to the availability of any product or service listed on the website or in a brochure. Newbody Fitness does not accept any liability for any losses or claims arising from any inability to access the website, any failure to complete a transaction or any corruption that may occur to any system arising from a connection to the website. Newbody Fitness does not accept liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the use of the website or for any of the products or services purchased from Newbody Fitness or relating to the installation of any equipment and would only be liable for direct loss (save in the case of death or personal injury in respect of which there is no limit) up to a maximum total of the price of the product purchased in respect of any claim. Where the products or services are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these terms and conditions.
Exercise is potentially hazardous. It is advisable before undertaking any new form of exercise to seek medical advice. It is up to the individual to understand the proper techniques associated with safe use of equipment purchased. All risks must be accepted by the individual in full.
Law and Jurisdiction
Commercial Buyer
Where the Buyer is a company or organisation, the following conditions apply to the supply and installation of all goods purchased from Newbody Fitness Limited.
The buyer agrees that Newbody Fitness retains the title of all goods supplied until full payment has been received by Newbody Fitness Limited.
The buyer agrees that should payments due to Newbody Fitness be delayed for whatever reason, Newbody Fitness Limited have the right to gain access to their premises and remove equipment to the value of the outstanding balance.
The buyer agrees that where a monthly payment schedule is in place, Newbody Fitness can levy a 1% daily surcharge for any late payments. This levy will be based on the total sum outstanding multiplied by 1% daily and accruing until the balance is cleared.
Without prejudice to the above, Newbody Fitness shall also have the right to file suit against the individual company/organisation either in the UK court or wherever the individual company/organisation registered office is located. In any event, the parties irrevocably agree that proceedings issued out of the said courts may, without prejudice to the rules of service of any court or jurisdiction, be served by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in this contract or otherwise notified by that party to the other.
Domestic Buyer
Where the Buyer is a consumer this contract is to be interpreted according to the law in which the Buyer is habitually resident and the Buyer retains the right to choose whether to file suit against Newbody Fitness in the UK, or in the Buyer’s home court. Without prejudice to the above, Newbody Fitness shall also have the right to file suit against the Buyer either in the UK court or wherever the Buyer is domiciled or has a registered and/or branch office. In any event, the parties irrevocably agree that proceedings issued out of the said courts may, without prejudice to the rules of service of any court or jurisdiction, be served by delivering such proceedings in an envelope addressed to the party to be served at the address for such party set out in this contract or otherwise notified by that party to the other.
General
Any contract concluded with Newbody Fitness shall be governed exclusively by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.In the event of any conflict of inconsistency between these Terms and Conditions of Trading, and the terms of your order, these Terms prevail, unless agreed by us in writing. No alterations to your order will be recognised by us unless requested by you in writing and confirmed by us in the same way.
Product Availability
Newbody Fitness cannot guarantee that all items are in stock at the time of ordering. However if there is a delay beyond our standard delivery time a Newbody Fitness representative will contact you to advise you and/ or make alternative arrangements.
