1. Definitions

You. the Customer a person or company buying Fitness Products from us.

Consumer a private person buying Products for private use. If you are a Consumer. please find your specific rights and exceptions in Section 19.

PhD Ltd. (us. our) the Product vendor as identified on your invoice and. where relevant. Service Provider.

Order Confirmation formal acknowledgement of Product ordered by you. sent by PhD Ltd..

Price stated in Order Confirmation.

Product as described in Order Confirmation may include PhD Ltd.-branded products. 3rd Party Products and Service Offerings.

Service Offering as described in Order Confirmation and PhD Ltd. Service description document.

Service Provider PhD Ltd. or its authorised Service experts.

3rd Party Products all goods that are not PhD Ltd.-branded Products.

How to pay:

* Cash/cheque: Made Payable to: Peak Health Distribution Ltd. Credit/Debit Card - most cards accepted A range of credit plans are available on request including 0%
* Interest Free Credit via Able to Buy on selected items - Call free on 01482 609850 for details

2. Application

This Agreement applies to this sale. Service and all statements made by PhD Ltd. in brochures. price lists. adverts. quotations. on the internet or verbally. Any variations to this Agreement must be confirmed by PhD Ltd. in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.

3. Quotations/Orders/Contract

Quotations are only valid in writing and during the period that they state. If un-stated. the period is 10 days (incl. 3rd Party Products). Orders may be received by writing. internet. telephone or fax but are only binding when accepted by PhD Ltd. in a written Order Confirmation. Please check the Order Confirmation and notify PhD Ltd. of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. PhD Ltd. reserves the right to change Products (incl. 3rd Party Products) at any time but PhD Ltd. guarantees you at least equivalent functionality and performance.

4. Price & Payment Terms

Products and Service Offering prices. tax. shipment. insurance and installation are as shown on your invoice. Changes to exchange rates. duties. insurance. freight and purchase costs (incl. for components and Services) may cause PhD Ltd. to adjust prices accordingly. Payment will be made before supply or Service or. if agreed. within 30 days of the invoice date without further notice from PhD Ltd. Payment timing is of the essence. PhD Ltd. may suspend deliveries or Service until full payment for that order. If payment is late. and you purchase as a company. the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer. interest will be at 2% above the minimum lending rate on the late amount. In either case. the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.
PhD Ltd. are not responceable to sell items at price stated on the website. PhD Ltd. can not be held responceable if a priceing error on the website has occurred

5. Delivery/Title/Risk

The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify. pledge or sell them. PhD Ltd. may enter the storage premises to repossess the goods. Should you sell them before title passes. you will become PhD Ltd.'s agent and the proceeds of that sale shall be held on our behalf. separately from your general funds. PhD Ltd. may sue for the Price before title passes. If you refuse delivery without PhD Ltd.'s agreement. you must pay PhD Ltd.'s expenses (30% of total cost of the order) or loss resulting from that refusal. including storage costs. until you accept delivery. Risk of the loss of the goods passes to you on delivery.

6. Acceptance

When you receive Product you must inspect it for any defects or non-conformity within 48 Hours. After this period. you will have accepted Product. If PhD Ltd. agrees to the return of Product at its choosing. it must be in its original condition with packaging. a return note and proof of purchase; the return costs may also be payable by you.

7. Warranty

Unless otherwise stated. PhD Ltd. guarantees to you that Products will be free from defects for 14 days from delivery and spare parts for 14 days from installation or delivery date. whichever is the earlier. Should Product be defective within this period. PhD Ltd. will repair or replace Product within a reasonable time. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances. PhD Ltd. manufactures and repairs using components. which are new or equivalent to new in accordance with industry standards and practice. Notebook batteries are delivered with one-year warranty (not upgradeable). PhD Ltd. warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent. PhD Ltd. may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change.

PhD Ltd. does not give a warranty guarantee protection for:

* Damage caused by incorrect installation. use. modifications or repair by any unauthorised 3rd party or yourself;

* Damage caused by any party (except PhD Ltd.) or other external force;

* Fitness for any particular purpose;

Any instruction given by you and correctly performed by PhD Ltd.. You must provide PhD Ltd. with all reasonable courtesy. information. cooperation. facilities and access to enable PhD Ltd. to perform duties. failing which PhD Ltd. shall not be obliged to perform any Service or assistance. You are responsible for the removal of non PhD Ltd.-supplied products during Service. the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.

Please note that your calls to PhD Ltd. may be monitored for training purposes.

8. Services

Will be provided by PhD Ltd. Response times are estimates and may vary according to the remoteness or accessibility of Product location. Service may be provided via telephone or internet where appropriate. You must allow PhD Ltd. to examine Product at your or PhD Ltd.'s premises (at our choosing). PhD Ltd. owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request.

9. Liability

PhD Ltd. accepts no liability for any private property loss or damage. death or personal injury caused by the negligence or deliberate misconduct of PhD Ltd.. Service Provider or our employees. agents. subcontractors. Except for death/personal injury. this liability is limited to the lesser of £250.000 or Price.

PhD Ltd. does not accept liability for 1) indirect or consequential loss. 2) loss of business profits. salary. revenue. savings. 3) damage remedied by PhD Ltd. within reasonable time. 4) loss avoidable by you through reasonable conduct. including backing up all data and following PhD Ltd.'s reasonable advice generally. 5) all items excluded from the Warranty or by Force Majeure.

10. Force Majeure

PhD Ltd. is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes. terrorist acts. war. supplier / transport / production problems. exchange fluctuations. governmental or regulatory action and natural disasters. If this lasts more than 2 months. this Agreement may be terminated by either party without compensation.

11. Confidentiality

Each party must treat all information received from the other marked "confidential" or reasonably obvious to be confidential as it would treat its own confidential information.

12. Termination

PhD Ltd. may terminate this Agreement with immediate written notice if you:
1) fail to pay on time.
2) breach or PhD Ltd. suspects you have breached export control laws.

Either party may terminate if the other:
1) commits a material or persistent breach of this Agreement and fails to remedy this within 14days of written notice from the other; or
2) becomes insolvent or is unable to pay debts as they fall due.

13. Your obligations as a Customer

You are responsible for:

* your own choice of Product and its suitability for purpose;

* your telephone & postal charges in contacting PhD Ltd.. if any;

You must provide PhD Ltd. with all reasonable courtesy. information. cooperation. facilities and access to enable PhD Ltd. to perform duties. failing which PhD Ltd. shall not be obliged to perform any Service or assistance. You are responsible for the removal of non PhD Ltd.-supplied products during Service. the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.

Please note that your calls to PhD Ltd. may be monitored for training purposes.

14. Data Protection

Your data will be held and/or transferred in strict accordance with the applicable data protection laws and PhD Ltd.'s data protection registration. You consent to your personal data being transferred to a PhD Ltd. company outside of the EEA. You may instruct PhD Ltd. not to use your data for direct marketing purposes.

15. Consumer Rights

If you are a Consumer you may cancel your purchase at any time within 14 days of receipt without cause and receive a refund of the Price paid. To do this you must inform PhD Ltd. in writing and return the products immediately. in the same condition you received them and at your own cost and risk. After the 14 days. a 20% restocking fee will be charged. and subtracked from the refund fee. Any statutory Consumer rights are unaffected by this Agreement. This does not apply to any business customer or user.

16. Jurisdiction

UK law and the exclusive court jurisdiction of the UK courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.

17. Returns & Miscellaneous

If any part of the Agreement is found to be invalid or unenforceable by a court. the rest is unaffected. PhD Ltd. may subcontract. assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand. email. fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party. Any cancellations will be charged at 30% of the total cost 14 days after the order has been placed. PhD Ltd will not accept return products after 14 days of receipt.

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