Sales Terms and Conditions

These Sales Terms and Conditions (“Terms and Conditions”) are applicable to all agreements, purchase orders, quotations and sales of all POWER PLATE® Product (“Product(s)”) from Performance Health Systems UK Ltd., a company registered in England and Wales. Our company registration number is 08102963 and our registered office is at Unit G-11 140 Wales Farm Road, London W3 6UG (“PHS UK”). Any terms and/or conditions different than, or in addition to, these Terms and Conditions that may appear on any purchase order or other document furnished to PHS UK at any time by you (“You”) or customer (“Customer”) shall have no force and effect unless otherwise expressly referred to and agreed by PHS UK in writing. Please read these terms carefully before you make a purchase, place an order or otherwise shop on the website at https://powerplate.co.za (the “Website”) or through PHS’s telephone sales team.

In conjunction with Customer’s purchase of Product, PHS UK or its designated agents, independent contractors and trainers may perform ancillary services for Customer on Customer premises such as delivering, ordering, training, installing Product, or putting-away the Product (collectively, the “Service(s)”). These Terms and Conditions shall apply to such Services.

How to contact us. You can contact us by telephoning our customer service team at +44 (0)20 7317 5000 or by writing to us at [email protected] or Business Design Centre, Unit 115, 52 Upper Street London N1 0QH. Our registered VAT number is 150519040.

PHS UK’s acceptance of any order is subject to Customer’s assent to all of the terms and conditions set forth herein. Customer’s submission of an order shall constitute Customer’s full acceptance of these Terms and Conditions. Customer’s assent to these Terms and Conditions shall otherwise be presumed from Customer’s receipt of PHS UK’s acknowledgment, or from Customer’s acceptance of all or any part of the Product ordered. No additions or modifications to these Terms and Conditions by a Commercial Customer (defined below) shall be binding upon PHS UK, unless agreed to in writing by an authorised representative of PHS UK. If a purchase order or other correspondence submitted by Customer contains terms or conditions contrary or in addition to the terms and conditions contained herein or in PHS UK’s acknowledgment, PHS UK’s fulfillment of any such purchase order shall not be construed as assent to any of the terms and conditions proposed by Customer, and will not constitute a waiver by PHS UK of any of the terms and conditions contained herein or in PHS UK’s acknowledgment.

NO OTHER TERMS APPLY. IF YOU ARE NOT WILLING TO ACCEPT THESE TERMS AND CONDITIONS, PHS UK ASKS THAT YOU DO NOT PURCHASE PHS UK’s PRODUCT OR SERVICES.

1. Introduction.

  • a. PHS UK is the manufacturer and an authorised distributor of Products in the United Kingdom and other localities. When Customer purchases a Product or Services from this Website, Customer is purchasing the Product or Services from PHS UK.
  • b. By making a purchase, placing an order through the Website or through PHS UK’s sales team or otherwise shopping on or browsing the Website, Customer also accepts PHS UK’s Privacy Policy, and PHS UK’s Website Terms of Use. Please note that we may update and amend these Terms and Conditions from time to time. Any such changes shall not apply to orders that have been accepted prior to the date of the change.
  • c. The Sales Terms and Conditions and other terms and conditions posted on this Website or otherwise in force at the time Customer places an order will govern the order in question, unless otherwise agreed in writing by PHS UK. If these Terms and Conditions are translated into another language, the English language version will prevail in the event of any conflict between the translation and the English language version.

2. Certain Defined Terms. In addition to terms defined elsewhere in these Terms and Conditions, the following terms have the following meanings:

  • “Commercial Customer” means a Customer that is not a Consumer Customer.
  • “Consumer Customer” means a Customer that meets the definition of “consumer” as defined in the Consumer Rights Act 2015 being “an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”.Orders. Customer’s order constitutes an offer to PHS UK to buy the Product and/or Services under these Terms and Conditions. PHS UK reserves the right to accept or reject any order including if PHS UK is unable to authorise Customer’s payment or if Customer does not meet any other eligibility criteria set out in these Terms and Conditions. If you are a Commercial Customer, PHS UK reserves the right to limit the quantities on any order. All orders are subject to availability. PHS UK may be unable to accept Customer’s order in certain circumstances, for example, if the Product in question is not in stock or Customer’s credit card has not been approved or the Product has been discontinued, or is unable to be delivered due to circumstances beyond PHS UK’s control, or for any other reasonable reason.
  • If PHS UK accepts Customer’s order, then PHS UK shall sell the Product to Customer at the price set forth at the time Customer places an order via this Website. Notwithstanding any order confirmation or other communications sent by PHS UK, Customer’s order shall not be deemed accepted by PHS UK until PHS UK informs Customer of PHS UK’s acceptance of an order by email or telephone.

3. Prices. The price of a Product shall be as stated on this Website from time to time except in the case of obvious error. Please see clause 8a for our procedures is there is an error in pricing.

  • If you are a Consumer Customer, the costs of delivery will be displayed to you on our Website.
  • If you are a Commercial Customer, prices stated are Free On Board Origin (Incoterms 2010); and prices shown do not include shipping, handling, taxes, and/or duties, and are subject to correction or change without notice. A Commercial Customer is responsible for all compliance with applicable laws in its own country.

4. Taxes; Duties; Export Charges. All prices displayed on our Website include VAT and will be shown on and added to Customer’s invoice. If you are a Commercial Customer including if you purchase for export, you agree to pay any UK or foreign import or export taxes, charges, duties and tariffs that have not been collected by PHS UK, and which PHS UK subsequently is required to pay to HMRC or other authorities, including authorities in foreign countries. If you are located outside of the UK, additional charges may be applicable. We shall inform you about such charges by email before shipping the Product.

5. Shipping and Handling; Risk of Loss; Export Orders.

  • a. This Website is primarily aimed at customers in South Africa ordering Products for delivery to an address in South Africa.
  • b. If you are a Consumer Customer, PHS UK will deliver the Products to you as soon as reasonably possible after your order and in any event within 30 days after the day on which we accept your order or, if this is not possible, we will contact you to agree a delivery date.
  • c. If you are a Consumer Customer and ordering Services, PHS UK will contact you within 48 hours of accepting your order to agree a date to begin and complete the Services.
  • d. If you are a Commercial Customer, PHS UK shall endeavour to deliver Product and/or provide Services to Customer as soon as possible after Commercial Customer places Customer’s order, usually within four (4) weeks. However, all shipping dates are estimates only. PHS UK shall have no liability to Commercial Customer if PHS UK, for any reason, does not accept and fulfil any order submitted by Customer to PHS UK, or for delays associated with delivery.
  • e. PHS UK will use its discretion in selecting a reputable carrier and appropriate means of shipment and, if you are a Commercial Customer, then, shipment is also by Free On Board (Incoterms 2010) PHS UK’s Durban warehouse. Export orders are governed by Ex Works (2010 Incoterms).
  • f. Additional delivery charges may be payable including without limitation, expedited same day delivery, air freight, freight collect, export orders, Customer’s carrier, or other special handling by the carrier (“Other Freight Services”). Any charges incurred for Other Freight Services must be paid by Customer. Fuel surcharges may be applied and due by a Commercial Customer to PHS UK.

6. Title and Risk. If you are a Consumer Customer, a Product will be your responsibility from the time we deliver the Product to the address you gave us, or you or a carrier organised by you collect it from us. You own a Product once we have received payment in full. If you are a Commercial Customer, title and risk of loss pass to Commercial Customer upon PHS UK’s tender of shipment to the carrier; except that title to any software embedded in the Product will remain with the applicable licensor or PHS UK and is subject to any licence agreement related to the software. If the Product is damaged in transit, Commercial Customer’s only recourse is to file a claim with the carrier. Export orders are governed by EX Works (2010 Incoterms).

7. Product and Model Changes. PHS UK continually updates and revises its Product and Services. PHS UK may revise and/or discontinue Product and Services at any time. PHS UK Products are new unless specified as refurbished. The acceptance of Customer’s order in no way obligates PHS UK to continue to furnish any particular model after delivery of the Product to Customer. Repairs and spare parts for discontinued Product will be provided by PHS UK for one year after discontinuation. PHS UK may, at its option, offer upgrade packages or an opportunity to replace for a discontinued Product if spare parts are not available during any such period. Please note this does not affect your warranty or statutory rights.

8. Payment Terms.

  • a. General Payment Terms. PHS UK does not accept cash, cash on delivery, purchase orders or personal cheques unless specific arrangements have been made in writing with duly authorised PHS UK personnel. In the unlikely event that a price stated on this Website is incorrect, then the following policy shall apply: If a Product’s correct price in is lower than PHS UK’s stated South African price, PHS UK will charge the lower price, ship Customer the Product, and refund any overcharge. If a Product’s correct price is higher than PHS UK’s South African stated price, PHS UK will, at its discretion, either contact Customer for instructions before shipping, or cancel Customer’s order and notify Customer of such cancellation, refund you any sums you have paid and, if applicable, require the return of any Product provided to you.
  • b. PHS UK accepts MasterCard, Visa, and other acceptable cards. All payments must be made in South African Rand.
  • c. Consumer Customers. If Customer is a Consumer Customer, then unless otherwise indicated, the purchase price of Product and/or Services will be billed in full at the time the Product and/or Services are ordered. PHS UK will charge credit cards upon ordering.
  • d. Commercial Customers. The terms of this clause 8d(i) to 8d(v) apply only to Commercial Customers:
    i. PHS UK’s payment terms are subject to change without notice at PHS UK’s sole discretion.
    ii. PHS UK shall not be liable for any billing errors unless Commercial Customer advise PHS UK of such billing error within 60 days of its transaction date.
    iii. Commercial Customers shall pay all amounts due to PHS UK within 30 days of the receipt of any PHS UK invoice. Without prejudice to PHS UK’s rights and remedies, Commercial Customer shall pay interest on any overdue amount at the rate of 8% per annum above Barclay Bank base rate from time to time. PHS UK reserves the right to revise its regular credit terms from time to time as it determines appropriate upon written notice to Commercial Customer. All credit extended by PHS UK to Commercial Customer, and the limits of such credit, is at PHS UK’s sole discretion, and may be reduced or revoked by PHS UK at any time, for any reason. PHS UK Export orders are subject to special export payment terms and conditions. PHS shall have the right of set-off and deduction for any sums owed by Commercial Customer to PHS.
    iv. If Commercial Customer fails to make payment within 30 days of shipment or pick-up, or fails to comply with PHS UK’s credit terms, or fails to supply adequate assurance of full performance to PHS UK within a reasonable time after requested by PHS UK (such time as specified in PHS UK’s request), PHS UK may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, legal fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order.
    v. Commercial Customer agrees to assume responsibility for, and Commercial Customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by Commercial Customer, its subsidiaries and affiliates. Each of Commercial Customer’s subsidiaries and affiliates purchasing from PHS UK will be jointly and severally liable for purchases with Commercial Customer, and Commercial Customer is also acting as agent for such subsidiaries and affiliates.

9. Retention Of TitleThis Section Applies Only To Commercial Customers:

  • a. If Commercial Customer has not made full payment for the Products but PHS UK nevertheless agrees to send the Products to Commercial Customer, then title to Products shall not pass until PHS UK receives payment in full.
  • b. Until title to Products has passed to Commercial Customer, Commercial Customer shall store those Products separately from all other goods held by the Customer so that they remain readily identifiable as PHS UK’s property; and not remove, deface or obscure any identifying mark or packaging on or relating to those Products; and maintain those Products in satisfactory condition, and keep them insured on PHS UK’s behalf for their full price against all risks with an insurer that is customary and reasonably acceptable.
  • c. If, before title to the Products passes to Commercial Customer, and the Commercial Customer becomes subject to any of the events listed in clause 16 (c) (ii) to 16(v) then, without limiting any other right or remedy, PHS UK has the Customer’s right to resell Products or use them in the ordinary course of its business ceases immediately; and PHS UK may at any time require the Commercial Customer to deliver up all Products in its possession that have not been resold, or irrevocably incorporated into another product; and if the Commercial Customer fails to do so promptly, PHS UK may enter any premises of the Commercial Customer or of any third party where the relevant Products are stored to recover them.

10. No Resale Or Export For Consumer Customer. If Customer is a Consumer Customer, then you hereby promise that you are purchasing Product and/or Services only for your own personal use and not for resale or export. If Customer is a Commercial Customer, then it hereby covenants and represents that it will not resell or otherwise export the Product outside south Africa unless otherwise agreed.

11. Change Orders. Any modification to any existing order that changes the Services or a Product’s quantity, shipment location, or shipment date will be considered a “Change Order.” If you wish to make a change to the Product and/or Services you have ordered please contact us. Change Orders are accepted up to 10 business days before a scheduled shipment date or, in respect of Services, a provision of services date unless otherwise agreed. Customer will be responsible for costs incurred by PHS UK when a Change Order is requested. Change Orders involving quantity changes will be assigned new shipment dates consistent with PHS UK’s current projected delivery schedule and product availability. Requests for expedited shipment dates may incur additional charges, for which Customer shall be solely responsible. We shall inform you of such additional charges and request confirmation.

12. Your Rights To End The Contract If You Are A Consumer Customer. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

  • a. If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 20.
  • b. If you want to end the contract because of something we have done or have told you we are going to do, see clause 13;
  • c. If you have just changed your mind about the Product or Service, see clause 15. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Product. Due to the size and weight of the Product, this will cost, on average, R2,000 to return;
  • d. In all other cases (if we are not at fault and there is no right to change your mind), see clause 14.

13. If You Are A Consumer Customer: Ending The Contract Because Of Something We Have Done Or Are Going To Do. If you are ending a contract for a reason set out at 13a to 13d below, the contract will end immediately and we will refund you in full for any Products which have not been provided and you may also be entitled to compensation. The reasons are:

  • a. we have told you about an error in the price or description of the Product you have ordered and you do not wish to proceed; or
  • b. there is a risk that supply of the Products may be significantly delayed because of events outside our control; or
  • c. we have suspended supply of the Products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
  • d. you have a legal right to end the contract because of something we have done wrong.

14. If You Are A Consumer Customer: Ending The Contract Where We Are Not At Fault And There Is No Right To Change Your Mind. Even if we are not at fault and you do not have a right to change your mind (see clauses 13 and 15), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Product is delivered, and paid for. A contract for Services is completed when we have finished providing the Services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for Products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contrac

15. Cancellation Rights If You Are A Consumer Customer

  • a. In addition to the above, for most Products bought online you have a legal right to change your mind within 14 days and receive a refund. How long you have depends on what you have ordered and how it is delivered.
  • b. With PHS UK, you have 14 days from the day after you (or someone you nominate) receives the Products to change your mind and receive a refund, unless:
    i. Your Products are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the Products.
    ii. Your Products are for regular delivery over a set period (for example once a week for one month). In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the Products.
  • c. Refunds will be processed in accordance with our returns policy below.

Please note that if you have bought a Product which is made to your specifications or is clearly personalised then this legal right does not apply and you may not cancel because you have changed your mind.

  • d. If, as a Consumer Customer, you have purchased Services, you have 14 days after the day we email you to confirm we accept your order to change your mind and receive a refund. However, once we have completed the Services, you cannot change your mind, even if the period is still running. If you cancel after we have started the Services, you must pay us for the Services provided up until the time you tell us that you have changed your mind.

16. Cancellation Rights If You Are A Commercial Customer

  • a. If you are a Commercial Customer, all Product and/or service order cancellations must be approved by PHS UK, and may be subject to restocking fees, shipping charges incurred by PHS UK and, if the order previously placed with PHS UK required custom modification requested by Customer, then Customer will be charged for all actual costs incurred at the time of cancellation, including without limitation, special materials, dyes, plates, artwork, labour, tools and overheads. If you cancel after we have started the Services and we have approved such cancellation, you must pay us for the Services provided up until the time you tell us that you have changed your mind. No cancellations are accepted for modified or bespoke Products.
  • b. If for any reason Commercial Customer is not satisfied with a Power Plate®– Product purchased through this Website, then Commercial Customer may return the Product to PHS UK during the 30 calendar day period following the date of delivery of the Product to Customer, and PHS UK will refund the purchase price of the Product, less a 15% (of the Product(s)) restocking fee and shipping and handling charges, in accordance with the return policy.
  • c. Without affecting any other right or remedy available to it, PHS UK may terminate the contract with immediate effect by giving written notice to the Commercial Customer if:
    i. the Commercial Customer commits a material breach of any term of this contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified to do so;
    ii. the Commercial Customer takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
    iii. the Commercial Customer suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business;
    iv. the Commercial Customer’s financial position deteriorates to such an extent that in the terminating party’s opinion the other party’s capability to adequately fulfil its obligations under this Contract has been placed in jeopardy; or
    v. the Commercial Customer fails to pay any amount due under this Contract on the due date for payment and remains in default not less than 30 days after being notified to make such payment.
  • d. On termination of this contract for whatever reason:
    i. the Commercial Customer shall immediately pay to PHS UK all of PHS UK’s outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the services Supplier may submit an invoice, which shall be payable immediately on receipt;
    ii. termination of the contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of a Contract which existed at or before the date of termination; and
    iii. any provision of the contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.

17. Returns Policy (including How to Tell Us If You Want to End the Contract)

  • a. To process returns, we request that the Customer tells us it wants to end the contract by contacting us by:
    – Phone or email. Call customer services on +44 (0)20 7317 5000 or email us at [email protected] Please provide your name, home address, details of the order and, where available, your phone number and email address.
  • b. Please obtain a PHS UK return merchandise authorisation number (“RMA”) before the expiration of the return period. An RMA number can be obtained by contacting PHS UK’s customer service representatives at +44 (0) 20 7317 5000, and should be noted on the outside of the returned Product’s container.
  • c. PHS UK will arrange to have the Product picked up from the address to which it was shipped. If you are a Commercial Customer, shipping and handling charges for both the initial delivery and for the return are non-refundable and Commercial Customer shall be responsible for all such charges. If you are a Consumer Customer we shall refund you the least expensive kind of delivery we offer. If you are a Consumer Customer, shipping charges for the return are non-refundable and Consumer Customer shall be responsible for all such charges.
  • d. Refunds will be issued in the same form as the original payment as soon as possible and, if you are a Consumer Customer 14 days after the day on which we are informed of your decision to cancel the contract.
  • e. If you are a Consumer Customer, we will refund the price of the Product by the end of 14 calendar days after the day you inform us of your decision to cancel the contract.
  • f. If you are a Commercial Customer, you should allow up to 30 days after PHS UK’s receipt of the returned Product for PHS UK to credit Customer’s account. This return policy applies only to Power Plate®-branded Product that are ordered through this Website and delivered, installed and picked-up by PHS UK-authorised partners. Product acquired from PHS UK through third parties, leasing or financing programmes are excluded from this return policy.

18. Return Conditions. Product must be returned in their original condition with all paperwork, parts and accessories included. Any damage to the Product caused by Customer will be deducted from the amount refunded to Customer. If Commercial Customer returns a Product to PHS UK without an RMA number from PHS UK, PHS UK retains the right to refuse delivery of such return. Failure to return a Product within the applicable return period will be deemed to be an acceptance of the Product.

19. Your Legal Rights If You Are A Consumer Customer. We are under a legal duty to supply goods that are in conformity with this contract.

20. If There Is A Problem With The Product. If you have any questions or complaints about the Products, please contact us. you can telephone our customer service team at +44 (0)20 7317 5000 or write to us at [email protected]

21. Trade Marks. The Terms Of This Section Apply Only To Commercial Customers.

  • a. Subject to a specific reseller licence agreement or equivalent agreement being entered into and subject to clause section 27b., PHS UK hereby authorises and grants to Commercial Customer the non-exclusive, revocable right to use the brand names, trade marks, domain names and other indicia of manufacturing origin and quality of the PHS UK Product (collectively, the “Trade marks”); and if the Product is sold for commercial use, to advertise and promote the availability of PHS UK Product so long as Commercial Customer is using or selling the PHS UK Product in connection with Commercial Customer’s business of selling or selling the use of the Products. Commercial Customer acknowledges and agrees that it has no right, title or interest in or to any of the Trade marks, other than as a purchaser and user of the PHS UK Product, and that all use of the Trade marks inures to the benefit of PHS UK. Commercial Customer shall make no contrary representations and will not in any way contest PHS UK’s rights to the Trade marks. Notwithstanding the foregoing, Commercial Customer shall have no other rights to use or incorporate any of the Trade marks including, without limitation, in any domain or business names; and shall upon request convey to PHS UK any domain or business names that Commercial Customer owns or controls that incorporates any of the Trade marks.
  • b. The Commercial Customer shall always act reasonably and in good faith. The Commercial Customer acknowledges and agrees that it may not use the Trade marks in a manner which would have an adverse effect on PHS UK’s business or compete with PHS UK’s business.

22. Intellectual Property. Except as expressly stated in these Terms and Conditions, Customer shall have no right, title, or interest in the trade names, trade marks, trade dress, copyrights, patents, domain names, product names, catalogues and any other intellectual property rights which subsist or will subsist now or in the future in any part of the world for the benefit of PHS UK, or any trade marks or service marks owned by suppliers to PHS UK. All materials contained on the Website are subject to the ownership rights of PHS UK and its suppliers. Customer shall have no right to copy or use any of the intellectual property of PHS UK or its suppliers without PHS UK’s permission.

23. Limited Warranties; Disclaimer of Warranties.

  • a. Limited Warranty. With respect to Power Plate®-branded Products, all such Products are subject to a limited warranty against defects in material and workmanship under normal use, details of which can be seen in the Warranty Statement below.
  • b. NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPRESSLY STATED IN THE WARRANTY STATEMENT, IS MADE OR AUTHORISED BY PHS UK. PHS UK DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. IF YOU ARE A COMMERCIAL CUSTOMER, PHS UK EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT: (i) IS OF SATISFACTORY QUALITY; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DO NOT AND WILL NOT INFRINGE UPON OTHER’S INTELLECTUAL PROPERTY RIGHTS.
  • c. If you are a Commercial Customer then with respect to third party (i.e. non-Power Plate®-branded) product that may be available for purchase through this Website, such Product are sold by PHS UK “as is”. However, the third party manufacturer or supplier of such Product may offer its own warranties, and Commercial Customer agrees to look solely to such manufacturer or supplier for any third party non-Power Plate® branded warranty-related claims.
  • d. PHS UK does not assume responsibility for any specific use or application of any Product inconsistent with its known purpose, including, but not limited to, compatibility with other equipment and fitness programmes or regimens used by Customer or recommended to or by Customer by a third party. If you are a Commercial Customer, all statements, technical information or recommendations relating to PHS UK Product given by us are based upon information believed to be reliable, but do not constitute a guarantee or warranty and we disclaim liability for such information.

24. LIMITATION OF LIABILITY.

  • a. Nothing in these Terms and Conditions exclude or limit our liability for death or personal injury resulting from our negligence or from any fraud or fraudulent misrepresentation nor any other liability which cannot be excluded or limited under applicable law.
  • b. If you are a Consumer Customer, nothing in these Terms and Conditions shall restrict your statutory rights (more details about which can be obtained from your local Trading Standards Office or Citizen’s Advice Bureau).
  • c. If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract, but we are not responsible for any loss or damage that is not foreseeable or not our fault. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the process.
  • d. We are not liable for loss or damage that results from our failure to comply with these Terms and Conditions that fall into the following categories (whether direct or indirect):
    – loss of income or revenue;
    – loss of business;
    – loss of profits;
    – loss of anticipated savings;
    – loss of data;
    – loss of expected returns;
    – losses that were not caused by our breach; and
    – waste of management or office time.
    However, this will not prevent claims for loss of or damage to your tangible property that are foreseeable or any other claims for direct loss that are not excluded in the former categories. In respect of Services we provide, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the Services.
  • e. Subject to the above, our maximum aggregate liability under or connection with these Terms and Conditions whether in contract, tort (including negligence), shall in all circumstances be limited to the greater of (i) a sum equal to 100% of the price paid for the Product or (ii) £10,000.
  • f. COMMERCIAL CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE USE OF THE PRODUCT.

25. Cautionary Health Recommendations and Warnings.

  • a. WE RECOMMEND THAT YOU CONSULT A PHYSICIAN BEFORE BEGINNING ANY EXERCISE PROGRAMME, INCLUDING A PROGRAMME INVOLVING THE USE OF THE POWER PLATE® PRODUCT.
  • b. IF YOU HAVE ANY KNOWN MEDICAL CONDITION, OR ANY PHYSICAL LIMITATIONS ON YOUR ABILITY TO EXERCISE, PHS UK STRONGLY RECOMMENDS THAT YOU SEEK THE ADVICE OF A PHYSICIAN BEFORE USING THE POWER PLATE®
  • c. IF, WHILE USING THE POWER PLATE® MACHINE, YOU FEEL DIZZY, FAINT, SHORT OF BREATH, OR ANY PAIN, STOP USING THE POWER PLATE® PRODUCT IMMEDIATELY, AND CONSULT A PHYSICIAN.

26. PHS UK’s Performance of Services. If you are a Commercial Customer, Commercial Customer will hold harmless, defend and indemnify PHS UK, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, incurred by PHS UK or its designated agents related to the performance of Services for Commercial Customer (including without limitation, settlement costs, legal fees, and any and all other expenses for defending any actions or threatened actions) arising out of, in whole or in part, any act or omission of Customer, its employees, agents, subcontractors or representatives.

27. Independent Contractors; No UK Agency or Foreign Dealer Status Acquired.

  • PHS UK and Customer are independent contractors and not principal and agent. Nothing contained in these Terms and Conditions shall be construed to create a franchise, partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate PHS UK in any manner, nor will Customer represent to anyone that it has the right to do so.
  • As a condition of, and in consideration of PHS UK accepting any order pursuant to these Terms and Conditions, all Commercial Customers (whether in the UK or otherwise) purchasing for export, or for resale within the UK acknowledge and accept the applicability of these Terms and Conditions. Absent a specific contrary written agreement, all Commercial Customers further agree that by PHS UK accepting any order that no agency, franchise, dealer or other similar commercial relationship is established. All orders shall thus be individual trade orders.

28. Events Outside Our Control. PHS UK shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any event outside our control, including but not limited to, acts of God, labour disruptions, acts of war, acts of terrorism (whether actual or threatened), epidemics, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licences, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of PHS UK in the conduct of its business. If PHS UK’s supply is delayed by an event outside our control, PHS UK will contact you as soon as possible to let you know and PHS UK will take steps to minimise the effect of the delay. PHS UK shall not be liable for any such failure or delay in manufacture or delivery of Product and/or the provision of Services as a result of any such matter or occurrence wholly or partially beyond its control. In the event of shortage, PHS UK may allocate sales and deliveries in its sole discretion.

29. Other Liability Conditions; Indemnification; Disclaimer.

  • a. If you are a Commercial Customer, Commercial Customer shall defend, indemnify and hold harmless PHS UK, its successors, assigns, affiliates, agents and contractors, and the officers, managers, directors and employees of each of them (each a “PHS UK Indemnified Party”), from and against any damage, loss, claim, judgment or other liability or expense (including but not limited to reasonable legal fees) that may in any way relate to or arise out of any act or omission in connection with (i) Commercial Customer’s use of this Website and, (ii) except to the extent caused by PHS UK, the purchase, resale, use or misuse of Product by Commercial Customer, any third party or Customer’s successors, assigns, affiliates, agents and contractors, or the officers, managers, directors or employees of any of them. PHS UK reserves the right, without being required to do so, and without waiver of any indemnity hereunder, to defend any claim, action or lawsuit coming within the scope of this indemnity provision.
  • b. PHS UK will not be liable for personal injury or property damage arising out of (i) the Customer’s neglect, alteration or improper use, including failure to follow installation, operating and maintenance conditions prescribed in the Product’s installation manual; (ii) repairs performed by anyone other than authorised PHS UK service representatives; or (iii) use of supplies or parts that do not meet PHS UK’s specifications. If you are a Commercial Customer, Commercial Customer shall indemnify, defend and hold harmless each PHS UK Indemnified Party against any damage, loss, claims, liabilities, costs, expenses, legal fees arising out of any or all of (i), (ii) or (iii) in the preceding sentence.

30. Other Important Term.

  • a. Assignment. Commercial Customer shall not assign any order, or any interest therein or in these Terms and Conditions, without the prior written consent of PHS UK. Any actual or attempted assignment without PHS UK’s prior written consent shall be void and shall entitle PHS UK to cancel such order upon notice to Commercial Customer.
  • b. Transfer of Rights. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  • c. Amendments. These Terms and Conditions may not be altered, supplemented or amended by the use of any other document unless otherwise agreed in writing by both PHS UK and Customer.
  • d. No Third Party Benefit. Except as expressly set out elsewhere, the provisions stated herein are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity under the Contracts (Rights of Third Parties) Act 1999.
  • e. Waivers. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Products, we can still require you to make the payment at a later date.
  • f. If a Court finds part of this Contract illegal, The rest will continue in force. Each of these terms operates separately. If any provision of these Terms and Conditions is determined to be invalid, illegal or unenforceable then the remaining provisions of these Terms and Conditions remain in full force.
  • g. Complete Agreement. If you are a Commercial Customer, the terms and conditions in: (i) PHS UK’s forms; (ii) acknowledgments, (iii) quotations; (iv) invoices; (v) websites; (vi) catalogues or brochures; (vii) extension of credit and (viii) any other documents or terms referred to within are incorporated herein by reference, and constitute the final, entire and exclusive agreement between Commercial Customer and PHS UK. Any attempt by a Commercial Customer to supplement or amend these Terms and Conditions or to enter an order for Product pursuant to terms that are subject to additional or altered terms and conditions shall be null and void. If you are a Commercial Customer, the provisions of these Terms and Conditions may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In the event that a customer’s relationship is governed by a written agreement, reseller or licence agreement then that respective agreement to the extent applicable shall take precedence over the terms stated in (g) herein.
  • h. Headings. The section headings used are for convenience or reference only and do not form a part of these Terms and Conditions, and no construction or inference shall be derived from them.
  • i. Rights and Remedies Cumulative. If you are a Commercial Customer, please note any enumeration of PHS UK’s rights and remedies set forth in these Terms and Conditions is not intended to be exhaustive. PHS UK’s exercise of any right or remedy under these Terms and Conditions does not preclude the exercise of any other right or remedy. All of PHS UK’s rights and remedies are cumulative and are in addition to any other right or remedy stated in these Terms and Conditions or that may now or subsequently exist at law or in equity, by statute or otherwise.
  • j. GOVERNING LAW. These terms are governed by English law without regard to choice of law rules, and you can bring legal proceedings in respect of the Products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Products in either the Northern Irish or the English courts.
  • k. Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform and you can click here for more information. If you are not satisfied with the outcome You can still bring legal proceedings.

{PHS UK Sales Terms and Conditions 11916 V1 Final SA Version}


Delivery

Please note that PHS UK Limited (“PHS UK”) only accepts orders from our website (https://powerplate.co.za) or through our telesales team.

Consumer Customers

  • If you are a consumer customer, the costs of delivery will be displayed to you on our website OR communicated to you via email subsequent to order. Freight terms will be Free on Board (Incoterms 21010), PHS UK’s Durban Warehouse.
  • PHS UK will deliver the products to you as soon as reasonably possible after your order and in any event within 30 days after the day on which we accept your order or, if this is not possible, we will contact you to agree a delivery date.
  • If you are ordering services, PHS UK will contact you within 48 hours of accepting your order to agree a date to begin and complete the services.

Commercial Customers

  • If you are a commercial customer, prices stated are Free On Board (Incoterms 2010) PHS UK’s Durban warehouse origin. Prices shown do not include shipping, handling, taxes, and/or duties, and are subject to correction or change without notice.
  • PHS UK shall endeavour to deliver the products and/or provide services to you as soon as possible after you place an order, usually within four (4) weeks. However, all shipping dates provided to a commercial customer are estimates only. PHS UK shall have no liability to a commercial customer if PHS UK, for any reason, does not accept and fulfil any order submitted by to PHS UK, or for delays associated with delivery.
  • PHS UK will use its discretion in selecting a reputable carrier and appropriate means of shipment and shipment is by Free On Board (Incoterms 2010) PHS UK warehouse origin. Export orders are governed by Ex Works (2010 Incoterms).
  • Additional delivery charges may be payable including without limitation, expedited same day delivery, air freight, freight collect, export orders, customer’s carrier, or other special handling by the carrier (“Other Freight Services”). Any charges incurred for Other Freight Services must be paid by commercial customer. Fuel surcharges may be applied and due by a commercial customer to PHS UK.

{PHS UK Delivery Terms 11916 V1 Final SA Version}


Warranty Statement

All Power Plate® Products sold for home use come with a limited warranty against defects in material and workmanship for two (2) years from the date of order. Details of the Performance Health Systems UK Ltd Home Warranty terms will be included with your Products, or otherwise set out in our product guides or related literature on our Website, or, in the case of optional extended warranties issued by us, such extended warranty documentation. Please be aware that this warranty:

(i) is valid for addresses in South Africa only;
(ii) does not apply to any commercial use made of the Products.

YOU HAVE CERTAIN STATUTORY RIGHTS. THESE INCLUDE THAT ANY PRODUCTS SUPPLIED BY US WILL BE OF SATISFACTORY QUALITY, FIT FOR THEIR INTENDED PURPOSE, AND WILL CONFORM TO ANY DESCRIPTION GIVEN ON OUR WEBSITE AND OUR DIRECT SALES MATERIALS. NOTHING IN THESE TERMS AND CONDITIONS IS INTENDED TO LIMIT OR AFFECT THESE STATUTORY RIGHTS. FOR MORE INFORMATION ON YOUR STATUTORY RIGHTS, CONTACT YOUR LOCAL TRADING STANDARDS OFFICE OR CITIZENS ADVICE BUREAU.