These “Terms & Conditions” set out are the terms under which Goods are sold by us ‘’the Company’’ (Sculpt Pro Aesthetics Ltd) to our Business Customers. Please read and review these Terms & Conditions carefully before placing an order. On placement of the order you “the Purchaser” is deemed to have read, understood and agreed to our Terms & Conditions and will be legally bound by them. Acceptance of any goods supplied and / or delivered by the Company also indicates an acceptance of these Conditions.
Subject to the Company’s right to withdraw at any time, the Company’s quotation will remain valid for a period of 30 days from the date thereof unless an alternative period of validity is specifically stated therein. At the end of the said period any extension to the validity is strictly at the Company’s discretion and subject to the Company’s written confirmation. The Company’s scope of work shall be as specified in the Company’s quotation together with any variations agreed pursuant to the contract. All contracts will be deemed to be subject to the Company’s Standard Terms and Conditions of Sale as set out herein and any terms and conditions specified by the Purchaser shall be ineffective, these Terms are not variable unless the Company has expressly agreed in writing to such variation. Once an order has been placed by a Purchaser following the issuance of a Quotation no orders to the Company may be cancelled. Execution of an order is subject to actual availability of goods and will not be binding on the Company.
REFUNDS AND PRICING
The Company do not provide refunds and there is no statutory “cooling off” period. This does not affect the Purchasers statutory rights as a Business to Business Customer. Please note that if the purchaser does not have a registered business at the time of sale, then this will be classed as a Business to Consumer agreement and therefore a 14 day cooling off period will apply. Price and terms of payment are as specified in the Company’s quotation. All additional cost and expense due to a variation in the goods to be supplied or work to be done or to changes in specifications or information provided by the purchaser on which the quotation is based will be paid by the Purchaser. The price specified in the Company’s quotation is based on the cost of all items including material, labour, utilities and transport on the date of the quotation. Any additional charges arising from the export, import, sale or delivery of the goods shall be the responsibility of the Purchaser.
Payment must be made in full as indicated in the terms shown on the invoice unless agreed otherwise in writing or if the Purchaser is using a third-party finance provider. The Company is entitled to refuse to accept any order of any proposed Purchaser without providing any reason.
All descriptions, and details of weights and dimensions submitted with the Company’s quotation are approximate only. The Company reserve the right to make such reasonable changes as we consider are necessary to the quotation details either before any order is placed or during the course of the contract provided that the Company shall not thereby render the goods unsuitable for the purpose for which they are intended. The Company make all reasonable efforts to ensure that all descriptions and graphical representations of goods available from the Company correspond to the actual goods. Images of goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions. Images and / or descriptions of packaging are for illustrative purposes only.
Unless expressly stated otherwise in the Company’s quotation, all packing cases, pallets and crates accompanying the goods shall be disposed of by the Purchaser at the Purchaser’s cost.
TESTS AND PERFORMANCE
All of the Company’s products are carefully inspected and where practicable submitted to standard tests in the Company’s Workshop, in accordance with the details stated in the Company’s quotation, before despatch. If any additional tests are required by the Purchaser these, unless otherwise agreed, must be made in the Company’s Workshop and will be the subject of an additional charge. In the event of the Purchaser failing to attend any tests, having been given at least 2 days prior notice thereof, the tests will proceed in the Purchaser’s absence and shall be deemed to have been made in his presence.
DELIVERY, SUSPENSION AND DELAY
The period within which the goods are to be delivered and / or services performed will commence from the date of the Company’s acceptance of the order. If delivery is interrupted by any cause outside the Company’s reasonable control, then the delivery dates will be varied to such an extent as may be reasonable. If for any reason the Purchaser is unable to accept delivery of the goods when the goods are ready for despatch we may, at the Company’s discretion, arrange storage of the goods at the purchaser’s own risk whereupon the goods shall be deemed to have been delivered for all purposes, and the purchaser shall be liable to us for the reasonable costs of such storage, including insurance, handling charges and any other charges incurred. This provision is without prejudice to any other rights which we may have in respect of the Purchaser’s failure to take delivery of the goods or to pay for them in accordance with the contract.
Where we are responsible for the transport of the goods then, unless stated otherwise in the Company’s quotation, we have based the price upon carriage by road to the specified destination by the most direct route on the assumption that the approval, if any, required for such carriage will be forthcoming from the appropriate authorities. Should such approval be refused rendering necessary changes in the goods, their mode of carriage or the route to be taken then the Purchaser shall bear the additional cost arising therefrom. Save where expressly provided otherwise in these Terms and Conditions of Sale, risk in the goods shall pass to the Purchaser upon delivery.
Any requests by the Purchaser to suspend or delay delivery (‘Suspension”) must be made in writing. Any agreement to comply with this request shall be at the Company’s absolute discretion and subject to the following conditions:
- any additional cost we reasonably and necessarily incur in complying with a Purchaser’s request for Suspension will be the purchaser’s responsibility and payable in full before delivery;
- following a request to resume delivery we will be entitled to an extension of time and we will notify the purchaser of the revised delivery date;
- we will not be required to complete delivery if any additional costs incurred are outstanding.
Delivery shall be deemed complete once We have delivered the Goods to the address you have provided. Ownership of the Goods passes to you once the Company have received payment in full of all sums due (including any applicable delivery charges). Responsibility for (the risk in) the Goods will pass to you when ownership of the Goods passes to you.
To the extent permitted under the applicable law and without prejudice to any other rights and remedies under the terms and conditions, we shall be entitled to terminate the contract forthwith by written notice to the Purchaser if:
(a) the Purchaser makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
(b) an encumbrancer takes possession, or a receiver is appointed of any of the property or assets of the Purchaser; or
(c) the Purchaser ceases or threatens to cease its business; or
(d) we reasonably consider that any of the events mentioned in (a), (b) or (c) above is about to occur in relation to the Purchaser and we notify the Purchaser accordingly; or
(f) the Purchaser shall commit a breach of any of the term and conditions and shall fail to remedy such breach within fourteen days of dispatch by us of a letter requiring him to remedy such breach;
In the event of termination, the Purchaser shall pay to us the valuation of any expenditure reasonably incurred by us in the expectation of the performance of, or in consequence of the termination of, the contract and the Company’s loss of anticipated profit.
We will repair or replace (at the Company’s discretion), the machine and its components which within 24 calendar months (or within extended warranty period) from the date the goods were delivered to the Purchaser, proves defective by reason of manufacturing fault, faulty materials or workmanship. We will repair or replace (at the Company’s discretion), the machine applicators which within 12 calendar months from the date the goods were delivered to the Purchaser, proves defective by reason of manufacturing fault, faulty materials or workmanship. We will not be liable in respect of repairs made or attempted to be made without Company’s express sanction in writing. Replacement parts supplied will be delivered free of charge provided that the defective parts (which thereafter become Company’s property) are promptly returned to the Company’s workshop at the purchaser’s cost. We will re perform any part of the services which within 3 months from the date of completion of the services proves to be inadequate or defective.
Please note that we are able to supply to customers outside of the United Kingdom. However, responsibility for all costs of carriage, import duties and compliance with local laws and regulatory requirements for sales and delivery outside the United Kingdom is the sole responsibility of the Purchaser.
Company’s training courses will take place at the Company’s training centre or occasionally at the Purchasers location. Depending on the location that you reside, additional charges may apply for transport and accommodation. Each course will give the trainees an in-depth knowledge of the theory behind each technology used, operation of the machine and practical training. We have various providers for training. Training is included with the purchase of the Cryo Quattro and the Liposhape Pro machines for up to 2 trainees. Training is included with the purchase of the Sculpt HIFU for 1 trainee. The Purchaser must request a quotation to enrol any additional trainees onto the course. The Purchaser must also give the Company 48 hours written notice to enrol additional trainees. We have the right not to certify any trainees if they are incompetent, therefore they must re-attend the training until the training provider is satisfied with their outcome.
Depending on the country that you reside, training can be conducted in various ways. Training can be carried out at the Purchasers location by one of the Company’s trainers providing flights, transfers and accommodation is paid for by the Purchaser. The Purchaser may find their own training provider, or we can recommend a trainer for you, an additional training session will be required to learn how to operate the equipment. We can train you via telecommunications applications such as Skype that specialises in providing video chat and voice calls between computers, tablets, mobile devices.
COMPLAINTS AND FEEDBACK
The Company always welcome feedback from the Company’s Customers and, whilst we always use all reasonable endeavours to ensure that the Purchaser’s experience as a customer is a positive one, we nevertheless want to hear from the Purchaser if you have any cause for complaint. If you wish to give us feedback on any aspect of the Purchasers dealings with us, please contact us in one of the following ways:
▪ By email, addressed to email@example.com
▪ Using the Company’s Contact Us form at https://www.sculptpro.co.uk/contact-us/ following the instructions included with the form;
▪ By telephone on 0161 989 3388.
LIMITATION OF LIABILITY
We shall not,
- To the fullest extent that we are permitted to exclude the Company’s liability under the applicable law, be responsible whether in contract or in tort (including negligence, economic tort or otherwise) or by operation of law or by way of any indemnity obligation arising under the contract or howsoever arising for incidental, special, economic, indirect or consequential loss and / or damage of whatever nature (whether or not claimed or suffered by the Purchaser and / or any person, business or entity not a party to the contract) including, but not limited to, loss of use or availability of the goods and / or other equipment and / or systems, loss of production, down time costs, loss of contract, loss of business opportunity, loss of profits (including overheads and fixed costs), and / or loss of revenue arising out of or in connection with the performance of the Company’s obligations under the contract and / or the performance, adequacy and / or suitability of the goods and / or service supplied, including any such damages as may be reasonably foreseeable at the date of the contract.
- To the fullest extent that it is permitted to limit liability under the applicable law, and regardless of any provision to the contrary contained elsewhere in the contract, the Company’s total cumulative liability to the purchaser arising from the contract for any acts or omissions whether in contract and / or in tort (including negligence, economic tort or otherwise) and/or by operation of law and/or by way of any indemnity obligation arising under the contract or howsoever arising shall in all cases be limited to, and in no case exceed, either (i) the contract price or £250,000 (two hundred and fifty thousand pounds) whichever is the lesser or (ii) where the Purchaser’s claim is recoverable under the Company’s insurance, the aggregate of the sum specified in (b)(i) plus the sums recovered under the Company’s insurance.
- In the event of there being any ambiguity or discrepancy between the provisions of this clause and any other clause in the contract then this clause shall take precedence.
- Nothing contained in this clause is intended to, or shall be construed as, limiting and / or excluding the Company’s liability for (i) personal injury and/or death arising out of negligence; (ii) liability for fraud or fraudulent misrepresentation; and / or (iii) any other liability which cannot be limited or excluded by applicable law.
All reasonable care is taken to ensure that the use of the goods in the normal course do not infringe any patent or other intellectual property right of third parties. The Purchaser will indemnify us in the event of an infringement or alleged infringement of any patent or other intellectual property right by us as a consequence of the Company’s acting in accordance with instructions, designs or specifications supplied wholly or in part by the Purchaser.
WARRANTIES AND REPRESENTATIONS
Any warranties and guarantees intended to be provided by us to the Purchaser are those expressly included herein and, in the Company’s quotation, and no additional warranties, guarantees or representations shall be implied into the contract and are to the fullest extent permitted under the applicable law expressly and intentionally excluded. The Purchaser acknowledges and agrees that, in entering into a contract with us, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether a party to the contract or not) other than as expressly set out or referred to herein and in the Company’s quotation. For the avoidance of any doubt, nothing herein shall exclude or limit the Company’s liability for fraudulent misrepresentations or shall exclude the Company’s liability for any fundamental misrepresentation.
These Terms & Conditions, and the relationship between the Purchaser and the Company (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
Any disputes concerning these Terms & Conditions, the relationship between the Purchaser and the Company, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.