POINT-2 EQUINE LIMITED - TERMS AND CONDITIONS
These terms and conditions apply to all sales of the Point Two Air Jacket and any other goods or items by POINT-2 EQUINE LIMITED, (Company No. 06665386) SOLO HOUSE, THE COURTYARD, LONDON ROAD, HORSHAM, WEST SUSSEX, UNITED KINGDOM, RH12 1AT trading as Point Two (“Point Two”).
Horse riding and motor cycle / quad bike riding are extremely hazardous sports and activities. Death or injury can occur. No Air Jacket can or will protect the user against all injury or death and the Air Jacket does not come with any warranty or representations that it will protect the user against injury or death. The user of the Air Jacket assumes these risks.
Due to the pressure applied to the mid and upper body following inflation of the Air Jacket, it should not be used by anyone who is 18 weeks or more pregnant. Inflation of the Air Jacket may cause complications to the pregnancy or damage to the unborn child.
If you are pregnant, your must always consult your doctor prior to using the Air Jacket.
These terms contain a non-exhaustive list of inspection, safety, storage and maintenance instructions relating to the Air Jacket. A more detailed list of these instructions and recommendations is contained in the relevant “User Guide” which accompanied the purchase of the Air Jacket and a copy of which is available at www.point-two.co.uk. This User Guide must be read in conjunction with the terms and conditions and prior to use of the Air Jacket. If you have any questions or concerns about the Air Jacket or the information contained in the User Guide, please contact us by telephone on +44 (0) 1403 754007 or via email at firstname.lastname@example.org.
1. Interpretation and Application
In these terms and conditions, the following definitions shall apply:
“Buyer” shall mean any person, sole trader, partnership, business, body corporate or other entity detailed in the appropriate section of the sales invoice/order form and shall include all successors, heirs and assigns. Where a person deals entirely as a consumer, legal rights shall remain unaffected. Where the term buyer appears within these terms it shall mean consumer buyer/buyer unless specified as relating to a trade buyer or consumer buyer individually.
“Goods” or “equipment” shall mean the Air Jacket and / or any other item(s) detailed in the appropriate section of the sales/order form and it shall be a core term of this agreement that all ancillary items are additional to this agreement unless specifically detailed within the sales invoice/order form.
“Price” shall mean the consideration due for purchase and shall include VAT unless otherwise stated. Buyers should note that prices quoted may vary during the currency of brochures (upwards or downwards) and current prices are quoted at the time of order. In respect of orders placed via the Internet, these shall not be accepted by us until confirmed.
"Working day" shall mean any day excluding Saturdays, Sundays and public holidays.
These conditions shall apply to all of Point Two's quotations and contracts, orders (including telephone and internet orders) for the sale or supply of Goods accepted by Point Two. For the trade buyer, any other terms or representations, whether implied by statute, made prior to, collateral with or subsequent to the contract or order are hereby excluded and shall not be binding upon Point Two. For the buyer, additional conditions shall only be binding upon Point Two if confirmed in writing by Point Two.
Point Two reserves the right to amend technical or clerical errors in any order without notice. In addition, the buyer shall ensure that all details contained within the order are correct and no liability for any error or inaccuracy shall lie with Point Two.
2. Limitations upon Liability
2.1 The Air Jacket is classified as a horse riding or a motor cycle /quad bike Air Jacket.
Each Air Jacket has not been designed for use in any other kind of sport or activity and therefore we cannot recommend its use in any other sport or activity where there is a potential for fall, impact or injury.
2.2 Structural or cosmetic changes are not permitted to the Air Jacket due to the possibility of damage to the internal inflation element.
2.3 Do not alter or modify the structure of the Air Jacket or any of its component parts. Alteration or modification of the Air Jacket in any way will void all warranties relating to the Air Jacket due to the risk that the Air Jacket’s capabilities may be impaired.
2.4 WARNING: do not apply stickers or paint to the Air Jacket which contain substances that may affect the strength of the Air Jacket.
2.5 Where modifications or alterations to goods have been made, or where the Air Jacket or accessories have been poorly maintained, Point Two shall accept no liability for death or personal injury unless caused directly by its own negligence.
2.6 No liability is accepted by Point Two where buyers attempt to modify or install components supplied where it is known or ought reasonably to be known that the part supplied is incorrectly supplied, defective or otherwise not in accordance with the order.
2.7 Advice given by agents or servants of Point Two during telephone/Internet orders is based entirely upon information given by the buyer. Where advice is given after a visual inspection by agents or servants of Point Two, such advice shall amount to an opinion only and Point Two shall not accept liability for any inaccuracies. Additionally, goods supplied are supplied only to correspond to the purpose for which goods of that kind are commonly supplied and not alternative uses to which they may be put.
2.8 Where goods purchased by the buyer are alleged to be defective, the buyer agrees to return such goods to Point Two for inspection and report (without Point Two replacing the said goods prior to such inspection). The buyer further confirms that it shall be reasonable for Point Two to inspect, repair or replace (at its option) such defective goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. The buyer also accepts that it is reasonable to inform Point Two of any interruption, defect or other failure prior to contacting independent third parties or incurring expense and, in addition, to allow Point Two to remedy the defect, failure or interruption.
2.9 The effectiveness of the Air Jacket may be dependent upon local use and storage conditions and will be affected by the following non exhaustive causes:-
2.10 Point Two accepts no liability in respect of failure to supply or other interruptions caused by matters beyond the reasonable control of Point Two, including strikes, lockouts, civil disputes, acts of God, war or actions by third parties.
2.11 Notwithstanding any other provisions of this Agreement, nothing in this Agreement shall confer, nor is it intended to confer, a benefit on any third party (for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose).
3. Fitting and Use
3.1 For best results, you must choose an Air Jacket size that fits your upper body. To determine correct fit, check with us or an authorised seller of the Air Jacket.
3.2 It is the user’s responsibility to ensure that he/she understands the correct and safe use of this Air Jacket. Prior to use, you must read the User Guide that was issued with this Air Jacket and the user must ensure that all maintenance, safety, inspection and storage instructions contained therein are followed explicitly.
3.3 Point Two accepts no responsibility or liability for any improper installation or usage of any of its products.
4. Inspections and Safety
4.1 Immediately prior to every use and not less than once every 3 months, the user MUST carry out a visual and functional inspection of the Air Jacket to ensure that it is in a serviceable condition and operates correctly. The shell should have no splits, tears or other deformities. If the Air Jacket has been involved in a severe fall or the Air Jacket has made contact with any abrasive surface, please contact us as the Air Jacket should be inspected by us or an authorised service facility.
4.2 Your safety may depend upon your Air Jacket. The user should be fully aware of the Air Jacket’s history (use, storage, inspection etc.).
4.3 If you are in any doubt whatsoever about the safe condition of this Air Jacket REPLACE IT IMMEDIATELY or arrange for it to be inspected by us or an authorised service facility.
4.4 If this Air Jacket is not for personal use (e.g. is being used as part of a commercial enterprise) we strongly recommend a systematic approach to use, maintenance and storage record keeping. This should always be carried out by a competent person.
4.5 Air Jackets are designed to absorb part (but not all) of the energy during an impact. Damage from an impact can however impair the Air Jacket’s ability to perform correctly thereafter and this damage may not be visible. If in doubt as to whether an Air Jacket has been damaged or compromised following an impact or fall of any sort, DO NOT USE the Air Jacket and arrange for it to be inspected by us or an authorised service facility.
4.6 If following any inspection or test inflation of the Air Jacket which is carried out by you or on your behalf (other than by us or an authorised service facility), the Air Jacket does not appear to operate as normal, REPLACE IT IMMEDIATELY or arrange for it to be inspected by us or an authorised service facility.
4.7 No responsibility will be accepted by Point Two for damage, injury or death resulting from misuse of the Air Jacket.