VELOPTIMA - Aerotesting Terms and Conditions
Below are the terms and conditions on which services will be provided to you on behalf of Sports Metrics Ltd.
Before we supply our services to you please read this document carefully and ask if you have any questions that may arise.
The following expressions shall have the following meanings:
- “Supplier” means Sports Metrics Ltd.
- “Veloptima” is the trading name under which services are marketed and delivered by and on behalf of Sports Metrics Ltd.
- ”Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
- “Proposal” means a statement of work, quotation or other similar document describing the Services;
- “Services” means the services as described in the Proposal and include any materials required to complete the work;
- “Terms and Conditions” means the terms and conditions of supply of Services set out in this document and any subsequent terms and conditions as set out in writing by the Supplier;
- “Order” means the formal acceptance by the Customer of the Proposal;
- “Agreement” means the contract between the Supplier and the Consumer for the provision of the Services incorporating these Terms and Conditions.
These Terms and Conditions shall apply to the Agreement for the supply of Services by the Supplier to the Consumer and shall supersede any other documentation or communication between the Supplier and the Consumer.
As a supplier we will endeavour to give you as much notice as is reasonably possible of any change in our terms and conditions. Such changes in the terms of this Agreement shall be in writing and agreed by the Supplier.
Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Services, by virtue of any statute, law or regulation.
Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
The services that the Supplier shall provide are set out in the Proposal as is detailed on the Suppliers website (www.veloptima.co.uk).
The Proposal must be accepted by the Customer in its entirety.
Any variation to the Proposal must be agreed in writing between the parties before the agreed Proposal is accepted by the Consumer.
The Customer shall be deemed to have accepted the Proposal by placing an Order with the Supplier.
PRICE AND PAYMENT
The price for Services is as specified in the Proposal and any other charges as outlined in the Proposal.
The terms for payment are as specified on the website (www.veloptima.co.uk) and are correct at the time of booking.
Payments must be made via bank transfer or cheque as described in the terms for payment.
Payments must be made in full at the time of booking. Reservation of testing slots will only be made upon receipt of payment.
The Supplier is entitled to vary the price to take account of:
any additional Services requested by the Consumer which were not included in the original Proposal;
any increase in the cost of materials;
any additional work required to complete the Services which was not anticipated at the time of the Proposal;
and any variation must be intimated to the Consumer in writing by the Supplier.
The Consumer is responsible for ensuring their bike to be in full working order, with any equipment that might be need to be adjusted or fitted having the ability to be loosened, adjusted and re-tightened.
Bikes and tyres must be clean and free from dirt. Bikes that are not regarded as being clean will be required to be cleaned before use on the track.
In the case of the use of a road bike for testing, the Consumer’s own 10 or 11 speed cassette must be able to be removed from their own rear wheel in order to be fitted onto the supplier’s own testing wheel. The Consumer may supply an alternative 10 or 11 speed cassette that is compatible with their bike instead.
The Consumer agrees and understands that the supplier may need to make changes to the Consumers equipment.
The Consumer will be notified of any necessary changes and all changes to the consumer’s equipment will be agreed between the Supplier and the Consumer.
The Supplier does not accept any liability for damage to the equipment, or accidents arising from the changes or use of the Consumer’s equipment.
HEALTH AND FITNESS
The Consumer is responsible for ensuring that that they are not suffering from any medical conditions that may prevent them from taking part in the testing or may affect their ability to carry out the tests consistently.
The Consumer must inform the supplier of any medical conditions that might cause accident or injury. The customer may be required to provide a doctors letter that approves the participation in the testing carried out pursuant to the agreed proposal of work.
The Consumer confirms that they have a high level of cycling specific fitness that will allow them to repeat the agreed number of laps and runs at the target testing velocity. The supplier can not be held responsible should the planned number of laps or runs not be able to be completed due to illness, injury or fatigue.
The Supplier shall perform the Services as set out in the Proposal with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice.
The Supplier shall comply with all relevant health and safety regulations.
The Supplier shall ensure that all necessary licences and permissions required to provide the Services are current.
The Supplier shall hold valid public liability insurance policies.
The Consumer is responsible for ensuring that they comply with Derby Arena’s Terms and Conditions at all times. These can be found on their website.
Consumers under the age of 18 must be supervised at all times by their parent, guardian or appropriate adult who shall be responsible for them.
MAKING AN ORDER
When you place an order you are making an offer to buy the Services you have specified at the price stated. At this stage there is not a binding contract between you and us.
We will acknowledge your order to confirm that we have received your order for Services whether by email, or in some cases, by post. The confirmation will provide details of what you have ordered, the price that will be charged as well as other information about your order and the Services. At this stage there will not be a binding order between you and us.
We will contact you by email, or in some cases, by post, to let you know that your order for the Services has been confirmed. This communication will be our acceptance of your order ('Order Acceptance'). At the time the Order Acceptance is sent by us (which may be different to the time you receive it) there will be a binding contract between you and us.
In the case of a two-rider test, in some cases we may only provide an ‘Order Acceptance’ once both places have been confirmed by the respective Consumers.
Cancellation by the Supplier
In the case where the supplier has to cancel a test due to illness, equipment malfunction or any other event outside the suppliers control, a full refund will be provided.
The Supplier will not be liable for any other costs incurred by the consumer as a result.
At any time during a Session if in my opinion I consider that:
you appear to be unwell or becoming unwell; and/or are not following my reasonable instructions (such as not following instructions intended to protect your, my or another person's safety); and/or you are behaving or acting unreasonably or are offensive, then I may wish to stop a Session and not continue it. In the event that one of these events occurs you will not be entitled to a refund.
Cancellation by the Consumer
The Consumer may cancel an Order for Services by notifying the Supplier in writing, email (if confirmed upon receipt), or telephone (with verbal confirmation of receipt).
Upon notification in the form as set out above the Supplier will do their best to limit any costs incurred to the Consumer by trying to find a replacement Consumer for the booked session. But this will not always be possible.
If an order is cancelled more than 28 days prior to the scheduled date of the start of the agreed service then a full refund will be provided.
If an order is cancelled within less than 28 days but more than 14 days of the scheduled date of the start of the agreed service a full refund less the amount charged by the venue for the hire of the track (currently £270) will be provided.
If an order is cancelled less than 14 days prior to the schedule sate of the start of the agreed services a refund will not be provided unless an alternate consumer can be found for the booked session. In the case of a two-rider Aero Test a refund will not be provided unless an alternative consumer can be found for the booked session.
Where the Services do not comply with the Agreement the consumer must notify the Supplier in writing within 14 days from the date of the supply of the services.
In the event that the consumer has not paid for the Services in full by the date the defect in Services is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause.
All intellectual property rights, registered or unregistered, including but not limited to patents, trademarks, design rights and know-how remain the property of the Supplier and cannot be used by the Consumer without the written permission of the Supplier.
All collection and storage of customers test data will be held in accordance with the EU Data Protection Directive.
Unattributed test data may, from time to time be shared to Alphamantis Technologies Inc., 325-4148A Ste Catherine Street West, Westmount, Quebec, Canada, for quality assurance purposes.
Risk in any property or materials used to provide the Services shall pass to the Consumer when they are in the physical possession of the Consumer.
Title or ownership of any property or materials belonging to the Supplier remains with the Supplier until payment is received from the Consumer in full.
LIMIT OF LIABILITIES
The Supplier shall not be responsible for:
Losses that were not caused by any breach on the part of the Supplier; or any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or any indirect or consequential losses that were not foreseeable to both the Consumer and the Supplier at the time of the loss.
The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause that is beyond its reasonable control. This condition does not affect the Consumer’s legal right to have Services provided within a reasonable time or to receive a refund if Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Supplier’s negligence or wilful misconduct unless that failure is attributable to: the Consumers own fault; a third party unconnected with the provision of Services under this contract; or events which the Consumer could not have foreseen or forestalled even if all reasonable care had been taken.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligation.
The Consumer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.
CONTRACTS (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 this agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
The Consumer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise directly or indirectly from the Consumer’s breach of any of its obligations under these Terms and Conditions.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.
Any notice to be given by either party to the other may be served by email, fax, personal service or by post to the address of the other party given in the Proposal or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
These Terms and Conditions supersede any previous agreements, arrangements, documents or other undertakings either written or oral.
This disclaimer shall be governed by and construed in accordance with English law, and any disputes relating to this disclaimer or our services will be subject to the exclusive jurisdiction of the courts of England and Wales.
If the Customer is unhappy with the services provided, we hope the Customer will discuss any problems or issues with the supplier as soon as possible after the provision of the services. In addition, or alternatively, you may wish to contact the EU Commission’s Online Dispute Resolution website dedicated to help consumers and traders resolve dispute out-of-court. If you wish you may, at any time, take court proceedings. If so, you must do so within the courts of England and Wales.
In this disclaimer, "we" means (and "us" and "our" refer to) Sports Metrics Ltd, a company registered in England and Wales under registration number 8431577, with a Registered Address at 11 High Street, Ruddington, NG11 6DT, UK.