Components Of The Agreement
This Purchase Agreement (“Agreement”) is made up of the following documents:
Terms & Conditions: These Terms & Conditions, which become effective on the date you place your order (”Order Date”).
Purchase Invoice: The Purchase Invoice describes the Product that you ordered (“Product”), confirms the base price for your Product (“Base Price”) and any taxes, if applicable. The Purchase Invoice will be sent to you shortly after you make your order.
High-level summary of the order process (as set out in these Terms and Conditions):
Order Date: The date you place your order (“Order Date”).
Purchase Invoice : The Purchase Invoice will be sent to you shortly after you make your order, confirming your order and the Product Price, and any taxes if applicable.
Deposit: In order for your order to be valid, you must pay us the Deposit in full on receipt of the invoice. The deposit is 100% of the Purchase invoice for New builds and 50% of the purchase invoice for Refurbished builds.
Week 1 until delivery: We will prioritise production of your Product (unless it is already in stock). We anticipate order fulfilment will take up to approximately 6 to 10 weeks.
Delivery: We will endeavour to deliver your order within 1 week upon assembly completion, provided payment has been made in full.
Terms & Conditions
1. Agreement To Purchase
1.1. Agreement: When you place an order you will purchase the Product from AddaptX (Adapt Ability Limited).
1.2. Availability of features: The Product is priced and configured based on features and options available at the time of order. Options or features released after you place your order may not be included in your Product.
1.3. Discontinuation: We may cancel your order and refund your payment, or part of your payment if we discontinue a product, feature or option after the Order Date.
2. Payments And Charges
2.1. Timing of payments:
2.1.1. Deposit : The Deposit is payable on receipt of the Purchase Invoice
2.1.2 Payment in full: The full amount is payable before delivery of your order.
2.1.3. Delivery: Delivery of your Product will occur in accordance with clause 5 of this Agreement.
3. Your Deposit
3.1. Refundable: Your deposit will be held by us and applied against the Purchase Price. If your order does not proceed to a sale, your deposit will only be refunded to you where:
3.1.1 you withdraw your order within the time period set out in clause 4.1.1; or
3.1.2. you are not (and have not been) in breach of any of your obligations under this Agreement (including any payment obligation) and we fail to make your Product available for shipping to you in accordance with this Agreement.
4. Production and Assembly of Your Order
4.1. The provisions of this clause 4 apply where you are purchasing a Product that has not yet been assembled as at the Order Date:
4.1.1 Week 1: We will submit your order production one (1) week after receipt of the payment in full. During this period prior to the submission of your order to the production line, you may cancel your order or make any changes to your configuration without incurring any costs. Once production commences, 10% of your payment becomes earned and non-refundable. Production Lead time is approximately eight (8) weeks unless you opt for airfreight.
4.1.2. Assembly commences after production. Once the assembly of your Product is actually underway, changes to your configuration will be difficult, if not impossible, for us to accommodate. If you want to make changes to your configuration, we will try to accommodate your request. If we can accommodate your request, you will be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made to your configuration, including changes to the Base Price, will be reflected in a revised Purchase Invoice confirmation that once prepared, will replace the original Purchase Invoice and form part of this Agreement.
4.1.3 Upon commencement of the assembly of your Product, 20% of your payment becomes earned and non-refundable.
5.1. Notification of shipping and delivery: We will notify you of when we expect your Order to be ready for delivery by email (or any other reasonable means of communication available to us) (“Delivery Notification”). We will arrange for your Order to be delivered to you (or you may pick up from us), so that we can induct you in the features and train you in the use of your Product (“Product Training”).
5.2. Extension: If you are unable to take delivery at the specified delivery date, please contact us to request additional time, which we may grant at our sole discretion.
5.3. Estimate: The estimated delivery dates of your Order is an estimate only and is not a guarantee of when your Order will actually be delivered.
6.1. Warranty: Subject to clause 7.1, Warranty will apply upon delivery of you Order.
6.2. Except as specified in schedule 6.1 and to the extent that we cannot exclude any warranty implied by law, you acknowledge and agree that we provide no additional warranties in respect of your Product.
7. Limitation Of Liability
7.1. Product Training: if you do not undertake the Product Training referred to in clause 5.1:
7.1.1. to the extent permitted by law, you will be deemed to have waived your rights to claim under any Warranty which arises as a consequence of your use of your Product, where such claim would not (or would be unlikely to) have arisen had you undertaken Product Training (as determined by us, acting reasonably);
7.1.2. you acknowledge and agree that we (and our associates and Agents) shall have no responsibility or liability to you whatsoever in respect of your use of your Product or any loss or damage suffered or incurred by you in connection with your use of your Product; and
7.1.3. you will indemnify us (and our Authorised Agents and affiliates) (“indemnified persons”) against any loss, liability, cost or claim suffered or incurred by an indemnified person (“Loss”) as a consequence of your use of your Product, where such Loss would not (or would be unlikely to) have arisen had you undertaken Product Training (as determined by us, acting reasonably).
7.2. No consequential damages: We accept liability to you for our breach of contract or negligence under the principles applied by the courts and for breach of any non-excludable rights under consumer protection laws and otherwise on the terms of this Agreement but, to the maximum extent permitted by law, we are not liable for any incidental, special, consequential or punitive damages.
7.3. Liability cap and time limit: Our aggregate liability under this Agreement is capped at the price actually paid to us by you under this Agreement. Any claim against us under this clause 7 must be made within one (1) year from the occurrence of the first event giving rise to that claim.
7.4. Application of consumer law: If you are, or hold yourself out to be, acquiring the Product for business purposes, the provisions of the Consumer Rights Act 2015 shall not apply.
7.5. You acknowledge that the minimum safe weight limit of the user is 40kg and the maximum safe weight limit of the user is 110kg. You will indemnify us (and our Authorised Agents and affiliates) (“indemnified persons”) against any loss, liability, cost or claim suffered or incurred by an indemnified person (“Loss”) as a consequence of your use of your Product outside of these weight limitations.
8.1. No resale: You acknowledge and agree that we sell Products directly to end consumers for personal use, and that you are not purchasing our Products for any other purpose, including the purposes of resale or reverse engineering (or to enable another person to carry out that purpose). We may unilaterally cancel any order that we believe (in our sole discretion) has been made for this purpose (or a similar purpose) or has otherwise been made in bad faith, without compensation to you.
9.1. Severability: If one or more provisions of this Agreement are held to be unenforceable under applicable law, such provision shall be excluded from this Agreement and the balance of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms.
9.2. Force Majeure: Despite any other provision of this Agreement, we will not be liable to you under this Agreement to the extent that any breach of this Agreement by us was caused by an event (or events) outside of our reasonable control, including acts of God, war, civil unrest, sabotage, epidemics, legislative change, labour stoppages or disputes, and electrical or telecommunications faults.
9.3. Assignment: We may assign this Agreement, at our sole discretion, by notice to you.
9.4. Entire Agreement: The terms of this Agreement constitute the entire understanding and agreement in relation of the subject matter of this Agreement between us and you. Terms not expressly contained herein are not binding.
10. Returns Policy
10.1. Returns: Following the delivery of the Product from AddaptX (Adapt Ability), a return can be made subject to the following conditions:
10.1.1. A request for return is made within 14 days of delivery.
10.1.2. There is no evidence of use and the packaging remains in good condition.
10.1.3. A handling fee of 5% of the purchase price will be payable if a request for return is made after 14 days of delivery.
10.1.4. There will be an additional collection charge of up to £400.00 within the UK (if applicable). For international orders, collections charges will be quoted upon request and payable upon acceptance.