Terms & Conditions

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COMMERCIAL TERMS OF SALE

IMPORTANT NOTES

These terms cover the sale of our products and/or services to Commercial Clients - like Gyms, Hotels and Schools.

If you're an individual purchasing from our online store, please read our Terms and Conditions of Online Sales.

A couple of quick definitions:

When we say "VIVO", "us" or "we" - we're referring to VIVO General Trading LLC - our official company name, registered in the UAE at PO Box 282712, Dubai UAE. When we use words like "you" or "your"- we're referring to you, the customer/buyer, entering in to a sales agreement with us, as identified by any signed quotation, purchase order or sales contract.

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The most important thing we want to highlight is this - we are not a bank. We are a deliberately small company, trying to be the best Fitness Solutions Provider in the Middle East. We achieve this by following 2 principles:

1. Honest customer relationships and;
2. Responsible financial control.

These 2 principles have helped us grow since 2013 and guided us through the COVID pandemic, without losing a single employee.

But we understand your risks. We don't expect you to pay a 100% deposit, then wait 16 weeks to see your equipment. We understand your contractor may delay your project, so we won't hit you with immediate storage fees.

Equally, you shouldn't expect us to fund your project with 100% credit and act as a free storage facility for a 6-month delay to your project.
We should work together. We should reduce any risks to both sides, not just our own.

For us - it's all about relationships. If you don't agree with that, we're not the right partner for you. And that's fine.

TERMS OF SALE

Payment and Ownership

For new customers (welcome!), our payment terms are:

- 75% in advance.
- 25% final payment before we deliver to your site or warehouse.
At this point, your products will be in our warehouse. We are happy for you to visit and inspect your order, before paying the final payment.

For repeat customers, we will usually be a bit more flexible. If you want to discuss your options, just ask.

Regardless of your payment terms, all products remain the property of VIVO until your order has been paid for in full.

By agreeing to these Terms of Sale, you are giving us permission to enter your premises and remove products that we have delivered and that you have not paid for.

How long is a VIVO quote valid for?

For 28 calendar days from the date listed on your quote.

If you decide to approve a quote after this 28 day window, we reserve the right to “re-quote” your project. Shipping costs and lead times fluctuate, as do foreign exchange rates.

Because our quotes are all in UAE currency, we absorb the Foreign Exchange risk.

Your order’s lead time may extend if your quote is approved after this 28 day window, even if the price doesn’t change.

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What if there is a mathematical mistake on a VIVO Quotation?

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Then we fully reserve the right to correct it at any point, even if payments have already been made.

You acknowledge and accept that if there are mathematical mistakes on our quotes or invoices, such as (but not limited to) incorrect tallying of unit prices to create totals, or obvious typo errors, then we reserve the right to correct these mistakes and you will pay the costs including such adjustments.

We will not allow you to take advantage of an obvious human error.

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How long will your order take?

Our Standard Lead time is approximately 10 weeks from when we receive your advance payment.

This lead time is an educated and conservative estimate. There are certain things we can't control eg. the weather in the UK or shipping tankers blocking the Suez Canal.

As such, you agree not to penalise us, in any way, due to late deliveries, regardless of the reason for delay.

How do our warranties work?

Warranty times vary between products, but it's usually 12 months. Ask us if you want warranty details specific to your order.

All our products are backed by manufacturer warranties, rather than warranties from VIVO. This should give you extra confidence.

As unlikely as it is, if anything happens to our business, your warranties would not be affected.

What if your project is delayed?

We've been doing this for almost 10 years. We understand the complexities of building a gym in the Middle East and appreciate your project may be delayed, whether because of Government Approvals, a slow Fit-Out Contractor etc. We get it.

At the same time though, we're not a warehouse. It will cost us money to store your products.

To help - we'll provide 2 weeks of free storage, calculated from the lead time estimate on your quote, if your location is not ready on time, for any reason, and if you're not able to provide us with an alternate delivery address.

After 2 weeks though, we need to deliver in full or charge a storage fee. The storage fee is 2% of the total order value, per calendar month.

The storage fee is calculated on a daily basis (calendar days) - like interest on a bank account. If your items are stored for 10 chargeable days, the storage fee will be pro-rata'd accordingly.

Any storage fees you accrue need to be paid before we deliver.

Can you change or cancel your order?

Yes - but there are ways we manage this.

After we receive your advance payment, we can't allow changes to the original order.

If you need to make a change, we'll do it using a "Variation Order" which will capture the changes. Variation Orders may have different costs, lead times and/or payment terms depending on the change. We will provide you with the relevant Variation Order which you will need to approve before any changes take affect.

If you want to cancel your order - you may lose any money you've already paid. We'll work with you to provide a solution - but please don't expect your cancellation to cost us money.

Is Delivery and Installation included?

Usually yes, but check your quote to make sure. If your quote does not mention delivery or installation, then it is not included.

The prices on your quote will always include the costs to get your items into the UAE. We've already factored in Sea Freight, Customs Clearances, Duties and, importantly - trucking fees from the port to your location in the UAE. If your site is not ready and you can't provide an alternate delivery address - we'll deliver your items to our warehouse.

As you've just read above, we'll provide you with 2 weeks of free storage. We will, however, need to charge you a delivery fee from our warehouse to your location.

The 2-weeks of free storage does not include the second delivery we now need to make with your items.

For the avoidance of doubt - when we include installation on your quote, it does not include any demolition or site preparation, installation of any power/data sockets, power, water, portable toilets etc. We always assume delivery and installation will be to a ground floor location, with clear, unobstructed access. If your location doesn't meet this criteria, please let us know. Additional costs may be necessary. No one likes last minute surprises, so let's catch them as early as possible.

Late Payment Fees

As we said at the start - we take our financial responsibilities seriously.

Our commitment to being financially responsible has helped us build strong business relationships all around the world.

If your payment is late, you may affect payments we need to make to our staff and/or suppliers. That's not fair. If we agree to certain payment terms with you, and any of your payments are late, we will charge you a late payment fee.

Late payment fees will be charged at 2% of the payment value (not the order value), per calendar week. This will compound the amount you owe each week that it's late.

Example: If you owe us a balance payment of AED50,000 on June 1st - on June 8th you will owe AED51,000. On June 15th, you will owe AED52,020 because the 2% would now based on the AED51,000 you owe from June 8th. (51,000 * 1.02 = 52,020).

Unlike our warehouse fee, which is charged daily, the late payment fee is charged weekly. We understand that many of our clients have complex financial processes, so we provide a 7 day grace period, after a payment due date, without penalty.

A late payment does not impact the date of a subsequent payment. Put another way: paying a progress payment late, won't delay the due date of the next payment.

Please don't put us in this position. We hate charging late payment fees, but you should appreciate why we need to do it. By agreeing to these Terms of Sale, you are accepting these late payment fees.

Legal Jurisdiction

Finally, the United Arab Emirates is our country of domicile and these Terms of Sale are governed under the law of the Dubai International Financial Centre (DIFC). VIVO Fitness does not and will not trade with or provide any services to OFAC and sanctioned countries.

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