Terms & Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of Cranlea Human Performance's privacy policy / cookies policy.

License to use website

Unless otherwise stated, Cranlea Human Performance Limited (Herein after referred to as Cranlea Human Performance) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Cranlea Human Performance's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Cranlea Human Performance's express written consent.

Restricted access

Access to certain areas of this website is restricted. Cranlea Human Performance reserves the right to restrict access to other areas of this website, or indeed this entire website, at Cranlea Human Performance's discretion.

If Cranlea Human Performance provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Cranlea Human Performance may disable your user ID and password in Cranlea Human Performance's sole discretion without notice or explanation.

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Cranlea Human Performance a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Cranlea Human Performance the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Cranlea Human Performance or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Cranlea Human Performance reserves the right to edit or remove any material submitted to this website, or stored on Cranlea Human Performance's servers, or hosted or published upon this website.

Notwithstanding Cranlea Human Performance's rights under these terms and conditions in relation to user content, Cranlea Human Performance does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided "as is" without any representations or warranties, express or implied. Cranlea Human Performance makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Cranlea Human Performance does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

Cranlea Human Performance will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Cranlea Human Performance has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Cranlea Human Performance's liability in respect of any:

  • death or personal injury caused by Cranlea Human Performance's negligence;
  • fraud or fraudulent misrepresentation on the part of Cranlea Human Performance; or
  • matter which it would be illegal or unlawful for Cranlea Human Performance to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Disclaimer statement

Whilst every effort has been made to ensure the accuracy of the information supplied herein, Cranlea Human Performance cannot be held responsible for any errors or omissions. Unless otherwise indicated, opinions expressed herein are those of the author of the page and do not necessarily represent the corporate views of Cranlea Human Performance.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Cranlea Human Performance has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cranlea Human Performance's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Cranlea Human Performance's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cranlea Human Performance.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Cranlea Human Performance and undertake to keep Cranlea Human Performance indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cranlea Human Performance to a third party in settlement of a claim or dispute on the advice of Cranlea Human Performance's legal advisers) incurred or suffered by Cranlea Human Performance arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Cranlea Human Performance's other rights under these terms and conditions, if you breach these terms and conditions in any way, Cranlea Human Performance may take such action as Cranlea Human Performance deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Cranlea Human Performance may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Cranlea Human Performance may transfer, sub-contract or otherwise deal with Cranlea Human Performance's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and Cranlea Human Performance in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with England and Wales, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales.

Cranlea Human Performance Limited's details

Cranlea Human Performance Limited is registered in England under registration number 07869243.

Cranlea Human Performance Limited's registered address is: Unit 1 Cyclo Works, Lifford Lane, Birmingham, B30 3DY, United Kingdom.

You can contact Cranlea Human Performance by email to info@cranlea.co.uk.

 

These are the Terms and Conditions of Cranlea Human Performance Ltd, also known within these Terms and Conditions as Cranlea. 

 

Sales 

All sales are subject to these Terms and Conditions and no other shall apply.  

 

Prices 

All prices are subject to alteration without prior notice. Goods will be invoiced at the price ruling at the time of dispatch. Quotations will be valid for a period of thirty days unless otherwise stated. In the event of a product being listed at an incorrect price, Cranlea have the right to cancel the order regardless of whether or not payment has been made. 

 

VAT 

All prices exclude VAT, which is chargeable at the prevailing rate at the time of the order. VAT exemption certificates, if applicable to the products being purchased, must be supplied at point of order. 

 

Carriage 

Carriage and packaging charges will be payable on all orders unless otherwise agreed. 

 

Product Specification 

Details are correct at the time of going to print and may be altered without notice in accordance with the manufacturer’s specifications. 

 

Order Processing 

Calls taken by Cranlea may be monitored for quality control, staff training and service improvements purposes. 

 

Account Payment Terms 

Unless otherwise agreed, the terms of payment for goods shall be net monthly account, due and payable not later than the twentieth day of the month following the date on the invoice. Invoices not paid within this time will cause your account to be placed on hold until payment has been received.  

 

Title of Goods 

All goods remain the property of Cranlea until such time that payment as per the invoice has been made in full. 

 

Insurance and Risk 

Upon delivery, the risk inherit in the goods shall pass to the customer. Cranlea accept no liability for the misuse or incorrect use of the goods.  

 

Deliveries  

Once you have placed an order with Cranlea, your order will be dispatched with our courier. If your order is placed before 14:00 GMT Monday-Thursday, you are eligible for next day UK delivery. Orders placed after 14:00 on a Friday, Saturday or Sunday should be delivered the following Tuesday. Note that this may not apply during UK public holiday periods or if an item you’ve ordered is not in stock. We aim to advise you prior to shipping if your delivery is affected or if shipment is not able to be made by any quoted delivery date. 

 

Please note that you will be responsible for any costs Cranlea incurs and Cranlea will not be held responsible for any losses or damages arising from goods ordered in error, you failing to take delivery of goods or inadequate delivery instructions meaning the courier is unable to deliver. If delivery is attempted by the courier 3 times without success, or if delivery is refused, your order will be returned to our warehouse. You will be contacted to discuss a further delivery attempt for a second delivery charge, or your order can be cancelled and refunded. Please note that our delivery charge is non-refundable and cancelled orders may be subject to a 10% restocking fee. 

 

Online purchases for delivery to addresses within the European Union will no longer be subject to UK VAT. Shipments made to Ireland or Northern Ireland will be sent using incoterms DAP and the price you pay Cranlea will exclude all relevant import duties and sales taxes. As the recipient of the order, you must pay the duties and taxes directly to release the goods from customs. These charges are set by your local country and are extra and not covered by the shipping charge or cost of the goods. Ensure you check your local Duty and Taxes before placing an order for international delivery so you are aware of the additional costs that you must pay your country. If the customs invoice is not paid within the deadline given, your parcel will automatically be returned to Cranlea. The customer will be liable for any added costs Cranlea incur for the return. 

 

Not all Products are available to ship internationally. Please contact us if you require more information on specific products: info@cranlea.co.uk. 

 

Claims 

All goods should be inspected for damage and the shortage upon delivery and any claim for such must be reported within three days of receipt. Cranlea reserves the right to inspect and investigate the complaint before any acceptance of liability is made. 

 

Warranty 

Cranlea guarantees to replace or repair equipment that is faulty due to the manufacturers defects for the period of time agreed at point of sale. This is usually twelve months from the date of invoice, however some items, such as Cortex Turbines and Electronics, may be covered for a shorter period of time. 

 

No liability will be accepted by Cranlea for misuse or incorrect use of goods. 

 

Extended Warranty 

Extended warranty may be available for purchase at point of sale. Unless otherwise agreed, the extended warranty is non-transferrable and non-refundable if the product is resold or passed on during the extended warranty period. 

 

Return of Goods 

No goods will be accepted for credit without prior agreement. Returns or cancelled orders may be subject to a restocking fee of up to 10% of the value of the goods, in addition to the non-refundable delivery charge. Bespoke, made to order products are non-returnable. 

 

Call Offs/Credits 

Call offs and credits must, unless otherwise agreed, be used within 2 years of being issued. 

 

Cranlea do everything in their power to mitigate price increases, however, in exceptional circumstances, this may be unavoidable and, as such will put credit against your account for call off orders rather than supply a certain quantity of goods. 

 

For call offs, Cranlea guarantees to honour the price of goods for up to 12 months after point of sale. After this period of time, unless otherwise agreed, this will automatically become a credit note for the value of the goods, for the remaining 12 months. 

Credit

This document was created using a Contractology template available at www.contractology.com.