Custom Gyms Ltd – Terms & Conditions of Sale

1. GENERAL

1.1 All contracts entered into by Custom Gyms Ltd for the supply of goods and services are subject exclusively to these Terms and Conditions. No other terms or conditions (including any attached to customer purchase orders or correspondence) shall apply unless agreed in writing by a duly authorised officer of Custom Gyms Ltd.

1.2 Any representations made before or after contract formation are non-binding unless confirmed in writing by Custom Gyms Ltd.

1.3 Catalogues, brochures, samples, drawings, and advertisements are for illustrative purposes only and shall not form part of any contract.

1.4 If there is any conflict between these Terms and the customer’s order, these Terms shall prevail unless otherwise agreed in writing.

1.5 Telephone orders must be confirmed in writing. Custom Gyms Ltd accepts no liability for errors in verbal orders.

2. ORDER ACCEPTANCE

2.1 No order shall be deemed accepted until confirmed in writing by Custom Gyms Ltd via a Confirmation Order or signed Equipment Proposal.

2.2 Written quotations remain valid for 30 days (1 month) unless otherwise stated or withdrawn. Acceptance after this period requires written reconfirmation.

2.3 Quotations must be accepted in full. Partial acceptance may result in a revised quotation.

3. PRICE

3.1 All prices stated on the Custom Gyms Ltd website and in quotations are inclusive of VAT, unless otherwise explicitly stated.

3.2 Delivery and installation charges are not included unless specifically itemised in the Confirmation Order.

3.3 Custom Gyms Ltd reserves the right to adjust pricing where information supplied by the customer is found to be incomplete, incorrect, or misleading.

4. PAYMENT TERMS

4.1 Unless otherwise agreed in writing, the customer must pay a non-refundable deposit of 50% of the total invoice upon placing an order for installation.

4.2 The remaining balance is due one (1) day prior to installation, by electronic bank transfer or draft.

4.3 Payment timing is of the essence. Late payments may incur interest at 4% per annum above the Bank of Ireland base rate, accruing daily.

4.4 If the customer fails to make full payment as required, Custom Gyms Ltd reserves the right to recover the goodsand retain any deposit paid.

4.5 Payment for delivered items must be made even if part of the order remains undelivered.

4.6 Custom Gyms Ltd may allocate customer payments to other outstanding contracts at its discretion.

5. CANCELLATION

5.1 Orders cannot be cancelled after dispatch of a Confirmation Order without written consent from Custom Gyms Ltd.

5.2 A cancellation fee may be charged to cover Custom Gyms Ltd’s losses or costs.

6. DELIVERY

6.1 Delivery times are estimates only and are not guaranteed unless explicitly agreed in writing.

6.2 Risk passes to the customer upon delivery to the specified address.

6.3 The customer is responsible for site preparation and any lifting or mechanical equipment required for delivery or installation.

6.4 Failure to accept delivery may result in additional storage, insurance, and re-delivery costs.

6.5 Each part-delivery constitutes a separate contract. Delays in one delivery do not entitle the customer to cancel remaining deliveries.

7. CLAIMS

7.1 Claims for damaged or missing items must be made within 48 hours of delivery.

7.2 Claims that goods do not conform to contract must also be made in writing within 48 hours.

7.3 Goods must not be used or altered until inspected by Custom Gyms Ltd.

7.4 If no defect is found, inspection costs will be charged to the customer.

8. TRANSFER OF TITLE

8.1 Title to goods remains with Custom Gyms Ltd until full payment has been received.

8.2 If full payment is not received, Custom Gyms Ltd may enter the customer’s premises and reclaim the goodswithout liability.

8.3 Until title passes, the customer must:

• Store the goods separately and in good condition;

• Not remove, deface or obscure identifying marks;

• Not resell the goods without prior written consent;

• Hold sale proceeds on trust for Custom Gyms Ltd.

9. WARRANTY TERMS

9.1 Custom Gyms Ltd warrants that goods:

• Conform substantially to specifications;

• Are new and of satisfactory quality;

• Are free from material defects at delivery.

9.2 Any warranties for parts or labour are only valid as stated in the contract documents.

9.3 Warranty claims must be reported within 14 days of becoming aware of a fault.

9.4 Warranty exclusions apply for:

• Misuse, neglect, or poor maintenance;

• Unauthorised modifications or repairs;

• Moving equipment without Custom Gyms Ltd’s written approval.

9.5 Unless specifically stated, labour is not included under warranty and will be billed separately.

9.6 Warranty support is limited to the original location and intended use.

9.7 Third-party products are only covered by the manufacturer’s warranty.

10. LIABILITY

10.1 Custom Gyms Ltd excludes liability for:

• Loss of profit or business;

• Indirect, consequential, or special loss;

• Injury resulting from improper use or self-installation.

10.2 Maximum liability is limited to the amount paid under the specific contract.

10.3 Nothing in this clause excludes liability for death or personal injury caused by negligence or fraud.

11. FORCE MAJEURE

11.1 Custom Gyms Ltd shall not be liable for delays or failure to perform caused by events beyond its control, including but not limited to:

• Natural disasters;

• Government restrictions;

• Transport delays;

• Industrial disputes.

11.2 Performance deadlines will be extended during such events.

12. TERMINATION

12.1 Custom Gyms Ltd may terminate the contract if the customer:

• Becomes insolvent or bankrupt;

• Fails to make due payments;

• Breaches contract terms;

• Fails to accept delivery.

12.2 Upon termination, Custom Gyms Ltd may reclaim any unpaid goods and seek further damages.

13. SAFETY ZONES

13.1 Equipment will be installed in accordance with a CAD plan specifying required safety zones.

13.2 Relocating equipment without written approval voids Custom Gyms Ltd’s liability.

13.3 Relocation support may be available at additional cost.

14. BOLTING & ANCHORING

14.1 Certain equipment must be secured according to Custom Gyms Ltd’s Equipment Anchoring Guidelines.

14.2 Failure to comply voids liability for any resulting damage or injury.

15. MISCELLANEOUS

15.1 The customer may not assign rights without written consent. Custom Gyms Ltd may subcontract freely.

15.2 These Terms are governed by Irish law, and the Irish courts have exclusive jurisdiction.

15.3 If any clause is found invalid, the remaining clauses remain effective.

15.4 Changes or waivers must be in writing and signed by an authorised Custom Gyms Ltd representative.

15.5 Equipment intended for export must meet destination country safety standards. The customer indemnifies Custom Gyms Ltd from related claims or penalties.

By placing an order, the customer confirms acceptance of these Terms & Conditions in full.