Terms and Conditions of Sale – Trade

Entire Agreement

These Terms and Conditions constitute the entire agreement between the parties relating to the sale of goods by Equilibrium Products.

Governing Law

These Terms and Conditions and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales.

The parties submit to the exclusive jurisdiction of the courts of England and Wales.

Retention of Title

  1. The goods supplied by Equilibrium Products (“the Seller”) shall remain the sole and absolute property of the Seller until the Buyer has paid in full all sums due to the Seller in respect of:
    • the goods supplied under the relevant invoice; and
    • all other amounts owed by the Buyer to the Seller on any account whatsoever.
  2. Until title to the goods passes to the Buyer:
    • the Buyer shall hold the goods as fiduciary bailee for the Seller;
    • the goods shall be stored separately from other goods and clearly identified as the property of the Seller;
    • the Buyer shall keep the goods in satisfactory condition and insured against all risks for their full price.
  3. The Buyer may resell the goods in the ordinary course of business before ownership has passed, provided that:
    • any sale shall be affected as principal and not as agent for the Seller; and
    • the proceeds of sale shall be held on trust for the Seller to the extent of any sums outstanding.
  4. The Seller shall be entitled at any time, without prejudice to any other rights or remedies, to recover possession of the goods if payment is overdue or if the Seller reasonably believes the Buyer is insolvent or likely to become insolvent.
  5. The Buyer grants the Seller, its agents and employees an irrevocable licence to enter any premises where the goods are stored in order to inspect or recover them.
  6. Risk in the goods shall pass to the Buyer upon delivery, notwithstanding that title has not yet passed.
  7. Nothing in this clause shall affect any other rights of the Seller under applicable law.

Data Protection

Each party shall comply with all applicable data protection and privacy legislation, including the UK GDPR and any equivalent applicable laws, in relation to any personal data shared under these Guidelines.

Insurance

Retailers and wholesalers shall maintain adequate product liability insurance appropriate to the territories in which the products are sold and distributed.

Evidence of such insurance must be provided to Equilibrium Products upon reasonable request.

Post-Sales

The retailer is responsible to ensure the returns process is a simple and reliable procedure, and the retailer can contact the wholesaler they purchased the product from for support. If the product was purchased directly from Equilibrium, they can contact  info@equilibriumproducts.com. Complaints and faulty products will only be considered if the guarantee period is still valid, which is;

-          3 years for the Portion Pacer Haynet.

-          2 years for electrical goods (Massage Pad Heatsense, Massage Pad Heatsense Small, Massage Pad Small, Standard and XL, Massage Mitt, Massage Mitt Hotspot)

-          1 year for the rest of the ranges

The retailer must provide the PO number, date of purchase and evidence of fault via photos and/or videos. The wholesaler/supplier will support the retailer through the process of replacement or refund.

Goods may not be returned to Equilibrium Products without prior written authorisation from Equilibrium Products.

Liability Limitations

Equilibrium Products accepts no liability for indirect or consequential loss.

Payment

Our standard payment terms are strictly 30 days from month end of invoice date unless other payment terms are agreed in writing.

Equilibrium Products reserves the right to charge interest and compensation on overdue accounts pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

VAT

All prices are exclusive of VAT unless otherwise stated. VAT shall be charged at the prevailing rate where applicable.

Force Majeure

Equilibrium Products shall not be liable for any delay or failure to perform its obligations due to circumstances beyond its reasonable control.