Sales Terms.

These terms are issued by Moofit B.V., trading as iQQuip^®, Compagnonsfeart 59, 9241 HJ Wijnjewoude, the Netherlands, registered with the Dutch Chamber of Commerce under number 84531649 and VAT number NL861859625B01 (“Moofit”, “we”, “us”).

They apply to our quotations, order confirmations, sales and supply of PlyoDyne^® equipment, parts and expressly agreed services. A “Consumer” is a natural person acting outside a trade, business, craft or profession. A “Business Customer” is every other customer. Mandatory consumer law prevails over any conflicting term.

Website information and an enquiry are invitations to discuss a possible order; they are not offers and do not create a contract. A quotation is valid for the period stated in it and may be withdrawn before acceptance unless it expressly says otherwise.

An agreement is formed when the customer accepts the quotation in the stated manner and Moofit confirms the order in writing, when both parties sign an agreement, or when Moofit begins performance at the customer’s express request. Electronic acceptance is writing for this purpose.

If documents conflict, the following order applies: a signed agreement or order confirmation; the accepted quotation and its schedules; these terms; and the product documentation. Customer purchasing terms apply only if Moofit expressly accepts them in writing.

The accepted quotation or accompanying information identifies the product, configuration, price, taxes, delivery or collection arrangements, estimated lead time, payment schedule, installation scope and any applicable commercial warranty. Consumers receive all information required by law in a form they can retain before being bound.

The customer must check names, delivery address, product configuration, site requirements and other quotation details before acceptance and promptly report any error.

The agreed specification is the specification in the order confirmation or accepted quotation, read with the applicable current manual and drawing. Website images and demonstrations illustrate the product but are not a substitute for the agreed specification.

Moofit may make non-material engineering or production changes that do not materially reduce agreed functionality, safety or quality. A material requested change requires the customer’s agreement and may affect price and lead time.

PlyoDyne^® is professional movement-training equipment and is not sold as a medical device. Product selection, assessment, exercise prescription and supervision remain the responsibility of the appropriately qualified person using or supervising the equipment.

Prices, currency, VAT treatment, delivery costs, duties and other charges are stated in the quotation. If the quotation is silent, prices exclude VAT and costs of transport, customs clearance, import duties, site preparation and installation.

The quotation or invoice states the payment schedule. If it is silent, an invoice is due within 14 calendar days of its date. The customer may not withhold or set off payment except where mandatory law permits. Moofit may require agreed advance payment or security before production or dispatch.

After a payment becomes overdue, statutory interest and reasonable recovery costs may be charged in accordance with applicable law. A Consumer will first receive any notice and additional payment period required by law.

Delivery dates are good-faith estimates unless the order confirmation expressly makes a date essential. Moofit will inform the customer of a material expected delay. Partial deliveries are allowed when reasonable and do not impose material extra cost on a Consumer.

For a Business Customer, the delivery rule or Incoterm in the quotation applies. If none is stated, delivery is Ex Works (EXW), the Netherlands, Incoterms^® 2020. Risk passes under that rule. For a Consumer, risk passes only when the Consumer or a nominated third party other than the carrier takes physical possession, unless mandatory law provides otherwise.

Ownership remains with Moofit until all amounts due for the relevant goods have been paid, to the extent permitted by law. Until then, a Business Customer must keep the goods identifiable, protected and insured and may not pledge or dispose of them outside its ordinary use.

The customer must provide safe access, adequate working space, a stable and suitable location, required utilities and accurate information about the site. Site preparation and building work are excluded unless the quotation expressly includes them.

PRO ONE must stand on a stable, level floor with the required clear movement area. PRO WALL must be installed by a competent installer on a suitable load-bearing wall, using all six fixing positions. The installer must select the final drill diameter, anchors and tightening requirements for the actual wall construction and fixing hardware and must verify the complete dimensioned pattern before drilling. The technical drawing is not a drilling template.

If Moofit expressly agrees to provide installation or commissioning, the quotation defines that scope. The customer remains responsible for concealed services, hazardous site conditions and the structural information it supplies unless Moofit has expressly accepted responsibility for a specific survey.

A Business Customer must inspect the delivery promptly and record visible transport damage on the carrier’s documentation. It must notify Moofit of visible shortage or damage within five business days and a hidden defect promptly, normally within ten business days after discovery, with the serial number, description and reasonable evidence. These periods do not exclude rights that cannot lawfully be excluded.

A Consumer should report a suspected lack of conformity as soon as reasonably possible. Delay does not remove statutory rights where the law protects them.

The owner and operator must follow the current operating, installation and safety manual; keep the movement area clear; use only supplied or iQQuip-approved parts and weights; complete the prescribed pre-use and periodic checks; retain equipment records; and stop use if damage, looseness, unusual movement or another unsafe condition is suspected.

Unauthorised modification, use outside the documented purpose, exceeding the approved removable weight, use of prohibited lubricants, or continued use after a safety warning is at the customer’s risk and may invalidate a commercial warranty to the extent the issue was caused by that act.

After an agreement is formed, requested changes or cancellation require Moofit’s written acceptance. A Business Customer must pay reasonable work, materials, supplier commitments and other documented costs already incurred, together with agreed cancellation charges. This clause does not limit a Consumer’s statutory withdrawal or cancellation rights.

A Consumer who concludes a distance or off-premises contract may withdraw without giving a reason within 14 days after the Consumer, or a nominated third party other than the carrier, receives the goods. For multiple goods delivered separately under one order, the period starts on receipt of the last item.

To withdraw, the Consumer must send an unambiguous statement before the period expires to order@iqquip.com or to Moofit’s postal address above. The model form in section 20 may be used but is not required.

The Consumer must return the goods without undue delay and no later than 14 days after giving notice. Moofit will refund payments received, including the cost of the least expensive standard outbound delivery offered, within 14 days after notice, but may withhold reimbursement until the goods are received or the Consumer supplies evidence of return. Refunds use the original payment method unless otherwise agreed and without a refund fee.

The Consumer bears the direct return cost only if informed before the contract. Because the equipment cannot normally be returned by post, the quotation will state a reasonable estimate of collection or return cost. If legally required information about that cost was not provided, the Consumer will not bear it. The Consumer is responsible only for diminished value caused by handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not apply to goods made to the Consumer’s specifications or clearly personalised where the statutory exception applies and this was disclosed before the contract. Selecting a standard listed configuration does not by itself make the product personalised.

If a Consumer expressly requests an installation or other service to begin during the withdrawal period, the Consumer must pay a proportionate amount for work properly performed before withdrawal. The right to withdraw from that service ends only after it has been fully performed where the Consumer gave prior express consent and acknowledged that the right would then be lost, to the extent permitted by law.

Consumer goods must conform to the contract and applicable law. The statutory legal guarantee is free of charge and exists independently of any commercial warranty. Where EU consumer rules apply, legal protection lasts at least two years from delivery and may be longer under national law.

If goods do not conform, the Consumer may request repair or replacement, unless the selected remedy is impossible or disproportionate. A price reduction or termination may be available where the legal conditions are met. Nothing in these terms restricts those mandatory remedies. See the EU Legal Guarantee page.

Unless a quotation provides a different written warranty, Moofit warrants to a Business Customer for 12 months from delivery that the goods materially conform to the agreed specification and are free from material defects in manufacture under documented normal use.

The warranty does not cover normal wear, cosmetic change that does not affect function, site or wall failure, incorrect installation by others, misuse, impact, corrosion or unsuitable environment, unauthorised modification or repair, third-party parts, prohibited lubrication, or failure to inspect and maintain the equipment. Moofit may inspect the goods. For a valid claim, Moofit may repair, replace or credit the affected part at its reasonable option. Replaced parts become Moofit’s property. Mandatory rights remain unaffected.

Nothing excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, fraud, wilful misconduct, or mandatory product-liability and consumer rights.

For a Business Customer, Moofit is liable only for direct, reasonably foreseeable loss caused by an attributable breach. Moofit is not liable for indirect or consequential loss, loss of profit, revenue, production, use, data, goodwill or anticipated saving. Subject to the first sentence, aggregate liability arising from an agreement is limited to the net amount paid or payable for the affected goods or services, or the amount paid under Moofit’s applicable liability insurance if higher. A series of connected events counts as one event.

A Consumer’s claim is limited only to the extent permitted by mandatory law. The customer must take reasonable steps to prevent and mitigate loss.

Neither party is liable for delay caused by an event beyond its reasonable control, including natural disaster, war, civil disorder, epidemic, government restriction, transport disruption, utility failure, cyber incident despite appropriate safeguards, or critical supplier failure not reasonably avoidable. The affected party must notify the other and use reasonable efforts to reduce the effect.

If performance is materially prevented for more than 60 days, either party may terminate the affected unperformed part by written notice. The customer must pay for goods and services already properly supplied and for reasonable non-cancellable work specifically committed to its order. Mandatory Consumer rights remain unaffected.

All intellectual-property rights in products, drawings, manuals, software, photographs, trade marks and other materials remain with Moofit or its licensors. The customer receives a non-exclusive right to use supplied documentation only for installation, operation, inspection, maintenance and resale or transfer of the relevant genuine product.

The customer may not manufacture from, reverse engineer for manufacture, remove notices from, or commercially reproduce supplied documentation except where mandatory law permits. Each party must protect confidential technical and commercial information received from the other and use it only for the agreement.

Moofit processes contact, order, delivery, service and equipment-record information as described in the Privacy Policy. The customer must ensure that any personal data it provides has been collected and disclosed lawfully. Medical records and identifiable patient information must not be sent unless Moofit expressly requests them under an appropriate written arrangement.

A party may terminate an agreement for a material breach that is not remedied within 14 days after a written notice describing the breach, unless the breach cannot be remedied or immediate termination is permitted by law. Moofit may suspend performance while an undisputed payment remains overdue after required notice.

For a Business Customer, Moofit may terminate immediately where the customer becomes insolvent, ceases business or is subject to analogous proceedings, to the extent permitted by law. Termination does not affect accrued rights, confidentiality, intellectual-property rights, payment obligations or clauses intended to continue.

Notices relating to an order must be sent to the email or postal address stated in the order confirmation, with the order or invoice number where available. A failure or delay in enforcing a right is not a waiver. If a provision is invalid, it will be adjusted only as far as necessary and the remaining provisions continue.

Moofit may update these website terms for future agreements. The version supplied before acceptance governs the agreement and cannot be changed retrospectively without agreement or a lawful basis.

Dutch law applies. The United Nations Convention on Contracts for the International Sale of Goods is excluded for Business Customers. Business disputes are submitted exclusively to the competent court of the District Court of Northern Netherlands, unless the parties agree another forum. A Consumer retains the mandatory protection and competent courts of the country of habitual residence where applicable.

Complaints may be sent to order@iqquip.com. Moofit will acknowledge a complaint promptly and aims to provide a substantive response within 14 days.