Commercial Terms & Conditions

Monk for Business Commercial Terms & Conditions
Last updated: 13th August, 2026

Definitions

In these Conditions, the following terms have the following meanings:

• Business Day: a day, other than a Saturday, Sunday, or public holiday in England, when banks in London are open for business.
• Commercial Warranty Terms: the Monk Shiver Pro Commercial Warranty Terms, the Monk Cocoon Commercial Warranty Terms, or such other product-specific commercial warranty terms as Monk publishes for the Goods from time to time, the current version of each being hosted at https://help.discovermonk.com/hc/en-gb
• Conditions: these terms and conditions, as amended from time to time in accordance with clause 13.5.
• Contract: the contract between Monk and the Customer for the sale and purchase of the Goods and, where applicable, Services, comprising the Order, these Conditions, and any Specification.
• Customer: the business, company, partnership, or other organisation named in the Order that purchases Goods and/or Services from Monk for use in its trade, business, or profession.
• Delivery Location: the location for delivery of the Goods set out in the Order, or such other location as the parties agree in writing.
• Force Majeure: any event or circumstance beyond a party's reasonable control, including acts of God, fire, flood, storm, or natural disaster; war, terrorism, civil commotion, or riot; epidemic or pandemic; strikes, lock-outs, or other industrial action (whether of the affected party's own workforce or a third party); failure of a utility service or transport network; and acts, restrictions, regulations, or omissions of any government or regulatory authority.
• Goods: the products (including the Monk Shiver Pro chiller, Monk Cocoon bath, and any related fittings or accessories) supplied by Monk to the Customer under the Contract, as described in the Order and/or on Monk's website.
• Installation Services: the on-site installation services described in clause 4.
• Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, goodwill, rights in designs, database rights, and all other intellectual property rights, whether registered or unregistered, including all applications for and renewals or extensions of such rights, in any part of the world.
• Maintenance Services: the repair and maintenance services described in clause 4.
• Monk: Monk Global Limited, a company registered in England and Wales, of 71-75 Shelton Street, Covent Garden, London WC2H 9JQ.
• Monk for Business Maintenance Guide: Monk's maintenance guide for Goods supplied under a Monk for Business account, the current version of which is hosted at https://help.discovermonk.com/hc/en-gb and supersedes any prior version or printed copy.
• Order: the Customer's order for the Goods and/or Services, as set out in the Customer's purchase order, order form, or as otherwise agreed in writing with Monk.
• Services: the Installation Services and/or Maintenance Services.
• Specification: any specification for the Goods, including any related plans and drawings, agreed in writing by Monk and the Customer.
• Subscription: the Monk for Business Subscription described in clause 8.
  Interpretation

A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time, and includes all subordinate legislation made under it.
Words in the singular include the plural and vice versa.

A reference to one gender includes a reference to the other genders.
Any words following "include," "includes," "including," "in particular," or similar expressions are illustrative and do not limit the generality of the preceding words.

A reference to "writing" or "written" includes email.
Clause headings do not affect the interpretation of these Conditions.

A reference to a clause is to a clause of these Conditions, unless stated otherwise.

1. Basis of Contract

1.1 These Conditions govern the Contract, excluding any other terms the Customer attempts to apply or incorporate, including those implied by law, trade custom, practice, or previous dealings.

1.2 The Order is an offer by the Customer to buy the Goods under these Conditions. The Customer must ensure the Order's terms and any provided Specifications are complete and accurate.

1.3 The Order is considered accepted only when Monk provides written acceptance, at which point the Contract becomes effective.

1.4 Any samples, drawings, or advertisements created by Monk and any images on Monk’s website are for illustrative purposes only and do not form part of the Contract.

1.5 Any quotation provided by Monk is not an offer and is valid only for 7 Business Days from the issue date.

 
2. Goods

2.1 The Goods are as described on Monk’s website, subject to any applicable Specification changes.

2.2 If the Goods are made according to a Customer-supplied Specification, the Customer must indemnify Monk against all related liabilities, costs, damages, and losses, including those from infringement claims regarding Intellectual Property Rights. This indemnity survives Contract termination.

2.3 Monk reserves the right to alter the Specification if required by law or regulation and will notify the Customer of any changes.
 

3. Delivery

3.1 Monk will coordinate with the Customer to schedule a delivery date. Monk will book the delivery with our delivery partner and confirm the agreed delivery date with the Customer.

3.2 Delivery is complete once the Goods are unloaded at the Delivery Location specified by the Customer.

3.3 Delivery dates are coordinated in advance. Monk is not liable for delivery delays due to Force Majeure, Customer's fault, or inadequate delivery instructions provided by the Customer.

3.4 If the Customer does not accept delivery on the agreed date, except in cases of Force Majeure or Monk’s failure:

3.4.1 Delivery is considered complete at the scheduled time.
3.4.2 Monk will store the Goods and charge the Customer for storage costs, including insurance.

3.5 If after 10 Business Days from the agreed delivery date the Customer has not accepted delivery, Monk may sell or dispose of the Goods, deduct storage and selling costs, and charge the Customer for any shortfall.

3.6 For deliveries to the EU, Goods are supplied on a Delivery Duty Unpaid (DDU) basis. The Customer is responsible for import duties, VAT, and customs charges arising on delivery. This is separate from the warranty-replacement duty reimbursement set out in the applicable Commercial Warranty Terms.

4. Supply of Services

4.1 Monk will supply the Customer with a technical specification sheet detailing power supply and specific requirements for the Goods.

4.2 If a site visit for installation is required, Monk can provide this service for an agreed charge, which will be confirmed with the Customer upfront.

4.3 Monk’s responsibility for Installation Services is limited to the specifications provided in this document.

4.4 If third-party pre-installation work is required at the Customer’s premises:

4.4.1 Monk is not liable for any related costs or losses.
4.4.2 The Customer must reimburse Monk for any related costs or losses.

4.5 Upon request, Monk may offer repair and maintenance services for the Goods. 

4.6 Maintenance Services will be billed on a time and materials basis according to Monk’s current fee rates. 

4.7 The Customer agrees to cover expenses reasonably incurred by Monk’s personnel for Maintenance Services, including travel, accommodation, subsistence, third-party services, and materials.

4.8 Monk will perform any Maintenance or Installation Services with reasonable care and skill.

4.9 The Customer must:

4.9.1 Collaborate with Monk on all Service matters.
4.9.2 Provide access to premises and facilities as needed.
4.9.3 Supply complete and accurate information and materials required by Monk.
4.9.4 Prepare the premises for Services, including any pre-installation work.
4.9.5 Obtain and maintain necessary licences, permissions, and consents for Services. 

4.10 These Conditions apply to any future Service requests by the Customer.

4.11 If the Customer’s failure to comply with clause 4.9 hinders Monk’s performance:
4.11.1 Monk may suspend Services.
4.11.2 Monk is not liable for related costs or losses.
4.11.3 The Customer must reimburse Monk for any related costs or losses.

5. Title and Risk

5.1 Risk transfers to the Customer upon delivery (or collection by the Customer). 

5.2 Title remains with Monk until full payment is received. 

5.3 Until title passes, the Customer must:

5.3.1 Hold the Goods in trust for Monk.
5.3.2 Store the Goods separately and visibly as Monk’s property.
5.3.3 Keep all identification marks intact.
5.3.4 Maintain the Goods in satisfactory condition and insure them for their full price.
5.3.5 Inform Monk immediately if subject to insolvency events.
5.3.6 Provide Monk with requested information about the Goods and the Customer’s financial position. 

5.4 If the Customer faces insolvency before title passes, Monk can demand the Goods' return and enter premises to reclaim them. Monk retains the right to payment despite title retention.

6. Safety, Compliance, and Customer Responsibilities

6.1 Monk’s Responsibility: Monk is responsible for ensuring the Goods are designed, manufactured, and supplied in compliance with UK product safety law in force at the time of supply, including the Electrical Equipment (Safety) Regulations 2016 and the General Product Safety Regulations 2005 (each as amended or replaced from time to time), and for applying UKCA and/or CE marking to the Goods as required by that law. This does not extend to, and Monk accepts no responsibility for, compliance with regulations, codes of practice, or licensing requirements applicable to the Customer's premises, activity, or industry, or to the electrical installation at the Customer's premises.

6.2 Customer’s responsibility:

6.2.1 The Customer is solely responsible for the safe use, installation, and operation of the Goods at its premises, including ensuring the electrical installation is carried out by a suitably qualified electrician in accordance with the technical specification sheet provided by Monk and applicable UK wiring regulations (BS 7671).
6.2.2 The Customer is solely responsible for ensuring its premises, facilities, and operation of the Goods comply with all laws, regulations, codes of practice, and licensing requirements applicable to its business, including relevant health and safety legislation and industry guidance such as that published by the Pool Water Treatment Advisory Group (PWTAG). PWTAG guidance is not itself a statutory requirement, but is a widely recognised industry standard and compliance with it is a condition of this Contract and of the applicable Commercial Warranty Terms.
6.2.3 The Customer is solely responsible for maintaining a safe physical environment around the Goods, including appropriate supervision of use, signage, access control, and management of slip, trip, and fall hazards.
6.2.4 Nothing in this clause limits, replaces, or reduces the product compliance obligations Monk retains above.

6.3 Customers maintenance and care:

6.3.1 The Customer must operate and maintain the Goods strictly in accordance with the Monk for Business Maintenance Guide, the current version of which is hosted at https://help.discovermonk.com/hc/en-gb and supersedes any prior version or printed copy. This is a condition of the warranty set out in Section 7.
6.3.2 Customers must report any defects within 30 days of discovering the defect to ensure timely processing of the warranty claim and to prevent issues from escalating further.

6.4 Usage Limitations:

6.4.1 If more people need to use the Monk ice bath daily, additional Monks should be used to accommodate the increased usage.
6.4.2 Water must be changed in line with the thresholds set out in the Monk for Business Maintenance Guide (TDS 1,000–1,500ppm above baseline, or 14 days, whichever is sooner).

6.5 Safety Guide:

6.5.1 The Customer and all their staff interacting with Monk must read our Commercial Partner Training Guide to ensure they are adequately trained and can safely guide their members and customers through an ice bath.

6.6 Member Suitability:

6.6.1 The Customer takes full responsibility for ensuring their members and customers are suitable to take part in an ice bath. Monk will provide a sample Health and Safety Waiver, and it is the Customer’s responsibility to ensure their members and customers sign it.

7. Warranty

7.1 The Goods are covered by the applicable Monk Commercial Warranty Terms for that product (currently the Monk Shiver Pro Commercial Warranty Terms and the Monk Cocoon Commercial Warranty Terms), the then-current version of which is hosted at https://help.discovermonk.com/hc/en-gb and is incorporated into this Contract by reference.

7.2 Warranty cover under those terms is conditional on the Customer maintaining an active Monk for Business Subscription (Section 8) and complying with the Monk for Business Maintenance Guide, as set out in the applicable Commercial Warranty Terms.

7.3 Monk excludes all other warranties and conditions not expressly stated in the applicable Commercial Warranty Terms or this Contract, save for those that cannot be excluded by law (see Section 10).

8. Monk for Business Subscription

8.1 Monk for Business hardware is supplied together with a mandatory Monk for Business Subscription (the "Subscription") for each Shiver Pro chiller, at Monk's then-current subscription fee.

8.2 The Subscription includes:

8.2.1 A discounted annual supply of filter cartridges, supplied in line with the rotation schedule set out in the Monk for Business Maintenance Guide.
8.2.2 Priority support access.

8.3 The Subscription does not include a guaranteed on-site service level agreement. On-site attendance outside the applicable Commercial Warranty Terms is chargeable under Section 4.

8.4 The Subscription is billed annually in advance and renews automatically each year unless either party gives at least 30 days' written notice before the renewal date.

8.5 Monk may vary the Subscription fee on renewal, on no less than 30 days' notice.

8.6 If the Subscription lapses or is cancelled, the Customer's warranty cover under the applicable Commercial Warranty Terms is suspended from the date of lapse, as set out in those terms. This does not affect the Customer's statutory rights.

8.7 Filters and consumables supplied under the Subscription remain chargeable to the Customer at Monk's discretion if usage materially exceeds the standard rotation schedule (e.g. through non-compliant water chemistry).

8.8 Extension of the Monk for Business Subscription does not extend the product’s warranty. Rather, it extends the provision of discounted filter supply, and priority support.

9. Price and Payment

9.1 The price is as stated in the Order or, if not quoted, as per Monk’s current price list at delivery. 

9.2 Monk can increase the price before delivery due to:

9.2.1 Factors beyond Monk’s control (e.g., exchange rate changes, tax increases, higher utility costs).
9.2.2 Customer requests for changes.
9.2.3 Customer-caused delays or inaccurate information. 

9.3 Prices exclude VAT, which the Customer must pay at the applicable rate. 

9.4 For international deliveries, the Customer is responsible for import duties and taxes. 

9.5 Prices include packaging, insurance, and transport costs.

9.6 The Customer must pay 100% of the payment before delivery. Monk may, at its discretion, offer 50/50 payment terms, with the first installment due on order and the second installment due prior to delivery. Payment timing is critical. 

9.7 Late payments incur interest at 4% above the Bank of England base rate, or 4% if the base rate is below 0%. 

9.8 Payments must be made in full without deductions. Monk can offset any owed amounts against Customer payments.

 

10. Limitation of Liability

10.1 Liability includes all types arising from or related to the Contract. 

10.2 Monk does not limit or exclude liability for:
10.2.1 Death or personal injury from negligence.
10.2.2 Fraud or fraudulent misrepresentation.
10.2.3 Breach of Sale of Goods Act 1979 terms.
10.2.4 Defective products under the Consumer Protection Act 1987.
10.2.5 Any matter that cannot be legally limited or excluded. 
10.3 Monk’s total liability is capped at 100% of the fees paid under the relevant Contract. 

10.4 Excluded losses include:

10.4.1 Profits.
10.4.2 Sales or business.
10.4.3 Agreements or contracts. 
10.4.4 Anticipated savings.
10.4.5 Software, data, or information use or corruption.
10.4.6 Goodwill.
10.4.7 Indirect or consequential losses. 
10.5 These terms continue after Contract termination. 

10.6 Monk excludes all other warranties and conditions not expressly stated. 

10.7 The Customer acknowledges these limitations are reasonable and reflected in the pricing.

 
11. Termination

11.1 Monk may terminate immediately if:

11.1.1 The Customer fails to pay on time.
11.1.2 The Customer breaches a material Contract term and does not remedy it within 30 days.
11.1.3 The Customer faces insolvency.
11.1.4 The Customer ceases or threatens to cease substantial business operations.
11.1.5 The Customer’s financial position deteriorates significantly.

11.2 Monk can suspend Goods provision if the Customer faces insolvency or payment issues. 

11.3 Upon termination, the Customer must pay all outstanding invoices and for Goods already delivered. 

11.4 Termination of this Contract also terminates the Customer's Monk for Business Subscription and associated warranty cover under Section 8.6.

11.5 The termination does not affect accrued rights or remedies.

12. Force Majeure

12.1 Monk is not liable for delays or failures due to Force Majeure. If affected, Monk will notify the Customer and resume performance when possible. 

13. General

13.1 Marketing:

13.1.1 Monk may use Customer’s name and Goods for marketing unless otherwise agreed.
13.1.2 Customer feedback may be used for marketing unless opted out by the Customer.

13.2 Assignment and Subcontracting:

13.2.1 Monk may transfer or subcontract its obligations.
13.2.2 The Customer cannot assign the Contract without Monk’s consent.

13.3 Confidentiality:

13.3.1 Each party must keep the other’s confidential information secure and not disclose it without consent.
13.3.2 This does not apply to information already public or legally required to be disclosed.

13.4 Entire Agreement:

13.4.1 The Contract represents the entire agreement and supersedes prior agreements.
13.4.2 Any prior statements not included in the Contract are not binding.

13.5 Variation:

13.5.1 Changes to the Contract must be in writing and signed by both parties.

13.6 Waiver:

13.6.1 No failure or delay in exercising rights constitutes a waiver.
13.6.2 Waivers must be in writing and signed.

13.7 Severance:

13.7.1 Invalid or illegal provisions are severable and do not affect the remainder of the Contract.

13.8 Notices:

13.8.1 Notices must be in writing and delivered by hand, pre-paid post, or email.
13.8.2 Email notices are effective at 9.00am the next Business Day after sending.

13.9 Governing Law:

13.9.1 The Contract is governed by English law.
13.9.2 Disputes are subject to English court jurisdiction.

13.10 Third-Party Rights:

13.10.1 Only parties to the Contract have rights under it.
13.10.2 This does not limit Monk’s subcontracting rights.

13.11 Pricing and wholesale:

13.11.1 Monk requests prior approval on any pricing discounts or promotions the Customer wishes to offer via their own channels.
13.11.2 The Customer may not sell, wholesale, or distribute Monk products or services to other customers without explicit written approval from Monk.
 

Company Information: Monk Global Limited, 71-75 Shelton Street, Covent Garden, London WC2H 9JQ