COMMERCIAL TERMS AND CONDITIONS

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.

 

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. Customer Responsibilities

6.1 Customers maintenance and care:

• 6.1.1 Customers must follow the maintenance and care instructions provided in the user manual, accessible through our website and via the printed material delivered with the product, to keep the warranty valid.
• 6.1.2 Customers are encouraged to 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.

6.2 Usage Limitations:

• 6.2.1 Customers are recommended to limit member, guest, or consumer plunges to no more than 20 plunges per day to maintain the health and safety of the bath water.
• 6.2.2 If more people need to use the Monk ice bath daily, additional Monks should be used to accommodate the increased usage.
• 6.2.3 Customers should refill their Monk at least once per week based on a minimum of 10 member, guest, or consumer plunges per day/week.

6.3 Safety Guide:

• 6.3.1 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.

6.4 Member Suitability:

• 6.4.1 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. Quality and Warranty

7.1 Monk warrants the Goods for 12 months from delivery, ensuring they:

• 7.1.1 Conform materially to their description and any Specification.
• 7.1.2 Are free from significant defects in design, material, and workmanship.

7.2 Component-Specific Warranties:

• 7.2.1 Shell superstructure: Covering water loss, cracks, or delamination due to defects in workmanship or materials.
• 7.2.2 Equipment and Controls: Covering malfunctions of pumps, heater, and control system.
• 7.2.3 Plumbing Components: Covering leaks due to defects in workmanship or materials.

7.3 Exclusions and Limitations:

• 7.3.1 Unauthorised self-repairs or repairs not carried out by a Monk electrician, normal wear and tear, damage due to misuse, accidents, aftermarket parts, power outages, restricted airflow, and neglect.
• 7.3.2 Warranty is void if the product is used commercially, altered, neglected, or misused.
• 7.3.3 The commercial customer is responsible for regular maintenance of the product. Any problems or failures arising from failure to provide proper maintenance, including using harsh chemicals or cleaning agents, or housing Monk outside of its operating temperatures, will void this warranty.
• 7.3.4 Repairs and replacements are only available within the UK. Monk is not responsible for products shipped overseas by customers. Coverage is limited to the UK.
• 7.3.5 Variations in colour, grain, and minor imperfections in the wood are not considered defects.
• 7.3.6 Overuse of the Monk ice bath per day, including over 20 plunges by Customer members, guests, or consumers within a 24-hour period.
• 7.3.7 The current version of Monk is not for commercial use in the USA. Residential use only in the USA.

7.4 Remedies:

• 7.4.1 Monk will repair or replace defective products. If not feasible, Monk may reimburse the purchase price upon return of the product.
• 7.4.2 In the event of a defect covered by this warranty, Monk will, at its discretion, repair or replace the defective product or part. If a dispute arises regarding compliance with the warranties, it can be referred to an independent expert chosen by the parties or appointed by the President of the Law Society if the parties fail to agree.
• 7.4.3 Monk aims to fix reported issues within 3 working days. However, this timeframe is an estimate and is not legally binding.

7.5 Procedure for Claims:

• 7.5.1 Email your point of contact at Monk with a defect description and include as much information about the issue as possible, or raise a support ticket on our website or email support@discovermonk.com.

7.6 Most issues can be solved over the phone with a Monk engineer. Monk reserves the right to determine whether a covered part or item should be replaced or repaired. If an on-site repair covered under this Limited Warranty is necessary, the cost of part(s) is covered by Monk. However, if an on-site repair is not possible, Monk may, at its discretion, either provide a replacement unit or have the product shipped to or from the in-house facility for repairs. Any repaired or replaced product will be warrantied for the remainder of the original applicable Limited Warranty period.

 

8. Price and Payment

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

8.2 Monk can increase the price before delivery due to:

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

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

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

8.5 Prices include packaging, insurance, and transport costs.

8.6 The Customer must pay 100% of the payment upfront before delivery. Payment timing is critical. 

8.7 Late payments incur interest at 4% above the Bank of England base rate, or 4% if the base rate is below 0%. 8.8 Payments must be made in full without deductions. Monk can offset any owed amounts against Customer payments.

 

9. Limitation of Liability

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

9.2 Monk does not limit or exclude liability for:

• 9.2.1 Death or personal injury from negligence.
• 9.2.2 Fraud or fraudulent misrepresentation.
• 9.2.3 Breach of Sale of Goods Act 1979 terms.
• 9.2.4 Defective products under the Consumer Protection Act 1987.
• 9.2.5 Any matter that cannot be legally limited or excluded. 

9.3 Monk’s total liability is capped at 100% of the fees paid under the relevant Contract. 

9.4 Excluded losses include:

• 9.4.1 Profits.
• 9.4.2 Sales or business.
• 9.4.3 Agreements or contracts. - 9.4.4 Anticipated savings.
• 9.4.5 Software, data, or information use or corruption.
• 9.4.6 Goodwill.
• 9.4.7 Indirect or consequential losses. 

9.5 These terms continue after Contract termination. 

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

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

 

10. Termination

10.1 Monk may terminate immediately if:

• 10.1.1 The Customer fails to pay on time.
• 10.1.2 The Customer breaches a material Contract term and does not remedy it within 30 days.
• 10.1.3 The Customer faces insolvency.
• 10.1.4 The Customer ceases or threatens to cease substantial business operations.
• 10.1.5 The Customer’s financial position deteriorates significantly.

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

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

10.4 The termination does not affect accrued rights or remedies.

11. Force Majeure

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

 

12. General

12.1 Marketing:

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

12.2 Assignment and Subcontracting:

• 12.2.1 Monk may transfer or subcontract its obligations.
• 12.2.2 The Customer cannot assign the Contract without Monk’s consent.

12.3 Confidentiality:

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

12.4 Entire Agreement:

• 12.4.1 The Contract represents the entire agreement and supersedes prior agreements.
• 12.4.2 Any prior statements not included in the Contract are not binding.

12.5 Variation:

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

12.6 Waiver:

• 12.6.1 No failure or delay in exercising rights constitutes a waiver.
• 12.6.2 Waivers must be in writing and signed.

12.7 Severance:

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

12.8 Notices:

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

12.9 Governing Law:

• 12.9.1 The Contract is governed by English law.
• 12.9.2 Disputes are subject to English court jurisdiction.

12.10 Third-Party Rights:

• 12.10.1 Only parties to the Contract have rights under it.
• 12.10.2 This does not limit Monk’s subcontracting rights.

12.11 Pricing and wholesale:

• 12.11.1 Monk requests prior approval on any pricing discounts or promotions the Customer wishes to offer via their own channels.
• 12.11.2 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
Date of Policy: 18.07.2024