Definitions
In these conditions the following definitions shall apply:-
Gym Solutions Ltd (GSL), Lymore Villa, 162a London Road, Chesterton, Newcastle, ST5 7JB
Customer – The person, firm or company employing to carry out maintenance services in accordance with the agreement.
Contract – The agreement made between GSL and the customer for the said maintenance services and comprising these conditions, GSL quotation for the services and the customer’s acceptance thereof.
Equipment – The agreed items to be serviced.
Agreement price – As set out in GSL quotation.
Terms of the agreement
Provided the customer notified its acceptance of the GSL quotation and these conditions and has agreed to pay the price in full within 30 days of the submission of a valid invoice for the products and services. The Agreement shall come into effect as and from the date of the customer’s authority to proceed or by way of the customer’s official purchase order number. The Agreement shall remain in force until expiry being 12 calendar months from the date of the customer’s authority to proceed with the services.
Prices may be reviewed, giving at least one month’s notice.
Maintenance Services
GSL undertakes, during the term of an agreement, to maintain the equipment in proper working order. In the manner described below:
Following receipt of a request for maintenance, GSL will visit, inspect and carry out maintenance on the equipment between the hours of 08:30am and 17:30pm, Monday to Friday, excluding public holidays. GSL will endeavor to respond within 72 hours (excluding bank holidays) on receipt of request.
GSL will maintain the equipment and in the event of required repairs, will seek approval from onsite staff for minor repairs. Significant repairs will be quoted for on a separate basis.
GSL shall have the right to remove any part of the equipment if, in its opinion, is necessary for carrying out proper maintenance.
GSL personnel will provide, as soon as they are able (typically within one working day), advice and explanation concerning the operation of the equipment as the customer may reasonably require in the form of a service report.
GSL will, at its own discretion, render equipment ‘out of action’ if it is deemed unsafe and will make members of staff aware.
For further detailed information regarding the service level agreement for GSL services and products, please refer to ‘Service Level Agreement.PDF’.
Customer Responsibility
The customer shall during the term of Agreement:
4.1) Use the equipment in a proper and normal manner for the purpose of which it is intended and ensure it’s operated by competent personal only (by way of introduction and demonstrations).
4.2) Use the equipment in a suitable environment in accordance with the manufacture’s operation recommendations. Also maintain and clean the equipment in accordance with the manufacturer’s instructions, including any reasonable recommendations made by GSL.
4.3) Offer GSL personnel adequate and prompt access to equipment.
4.4) Notify GSL of any defect or suspected defect to the equipment.
4.5) DO NOT permit any other persons other than GSL personnel to repair, replace or otherwise, maintain any part of the equipment unless authorized by GSL.
4.6) DO NOT make any additions or alterations to the equipment or its performance or change the location without first advising GSL in writing.
4.7) Take equipment out of service if a fault becomes apparent to minimize further damage.
Agreement Price
The Agreement price is for the services to be performed by GSL as laid out in your quotation and is based on the labour costs only and does not include parts.
GSL is entitled to adjust the Agreement price in the event that the equipment is relocated to a location other than that on which the original GSL quotation was based. GSL costs of performing maintenance are affected by changes in the law or in order, regulation or bylaw having the force of tax taking effect after the date of the GSL quotation.
Time of Completion
Nothing in the Agreement shall be construed as constituting a guarantee by GSL of the time for commencing or completing maintenance or repairs. GSL will, in any event be excused performance or delayed performance of its obligations in the event of “acts of God”, acts or regulations or governments, industrial disputes, non-availability of labour or materials, manufacturers delays, suppliers or sub-contractors, failure of transport and any other cause beyond the control of GSL.
Materials and Equipment used in Maintenance
All parts, materials and equipment used at GSL will remain the property of GSL until the customer has paid for the goods in full.
All parts, materials and equipment used by GSL in the performance of maintenance services shall, whilst on the premises of the customer or other premises where the equipment is installed, be insured by the customer who will indemnify GSL against all loss and damage to such parts, materials and equipment whilst on the said premises.
Termination
Both parties shall have the right to terminate the Agreement by one calendar month in writing for its own convenience. No payments received by GSL prior to termination by GSL for customers default or by the customer for convenience shall be refundable.
Indemnity
GSL will indemnify the customer in respect to injury or death of any person, or direct damage to any property caused by negligence of its personnel in performing work on the customers premises or on other premises where the equipment is installed, provided that GSL total liability for damage to property shall not exceed the amount covered by GSL public liability insurance policy.
GSL shall not be liable for any injury (other than personal injury caused by GSL negligence as defined in section 1 of the Unfair Contract Terms Act 1977) or damage occurring after completion of any services on the aforesaid premises.
Limit of Liability
GSL shall not be liable to the customer for any indirect or consequential loss, including but not limited to loss of profit, business, contracts or goodwill suffered by the customer and arising out of GSL breach of or by way of any indemnity under the Agreement.
Any notice to be given under the terms of the agreement shall be observed by sending the same by post or leaving the same at the other party’s registered office. Gym Solutions take no responsibility for the condition and safety of the equipment. If due to an error in their work, a machine is rendered unsafe to use, the Gym Solutions technician will advise you on the day and discuss whether to put the machine out of use, or not. Gym staff should continue to carry out routine maintenance and safety checks in line with your own risk assessments and owner’s manual. Gym Solutions will not (unless asked to do so) put equipment out of use. If provided with a service report, is to be considered as advice, and we advise that you cross reference this against your own risk assessments and determine whether a machine is safe to use, or not. Gym Solutions accept no responsibility for injury or damaged caused before, during or after the service visit unless the incident was caused by damage or danger caused by the technicians. This includes injury caused by pre-existing and new defects. During service intervals it is the responsibility of on-site staff to report all concerns to their nominate service provider, regardless of suspected severity.
Assignment
Neither party shall, without the previous written consent of the other, assign the Agreement or any other rights, or obligations there under without prior written consent of the other.
Law
The Agreement and all matters arising for it shall be governed in accordance with the English law.
Payment
Invoices will be due on the date of presentation unless a credit account is in place and in such a case, the payment terms will be clearly outlined in the credit approval form, typically 14 or 30 days from date of invoice.
If an invoice becomes overdue, reminders will be sent via email. GSL will make multiple attempts to contact our point of contact, however if this is not successful, as a last resort we will refer the invoice to a collection agency. In the event of the invoice being passed over to a collection agency, it is likely that administration charges and other fees will be added to the original invoice value.
GYM SOLUTIONS - Gym Equipment Specialists
