ROWGEAR LTD – SERVICING WARRANTY & TERMS OF BUSINESS

1. Definitions & Interpretation

“Equipment” – any Concept2 RowErg, BikeErg, SkiErg or Model B, C, D, E, Dynamic (incl. PM monitors), Rogue Echo & Assault Fitness bikes as listed on our website’s Servicing page.
“Completion Date” – the date our technician signs the digital Job Sheet and the equipment-specific QR sticker is activated.
“Warranty Period” – 12 calendar months from the Completion Date.
“B2C Client” – a customer acting wholly or mainly outside their trade, business or profession; “B2B Client” – all others.
Capitalised terms bear the meanings in the Consumer Rights Act 2015 (“CRA 2015”) and the Unfair Contract Terms Act 1977 (“UCTA 1977”).

2. Parties, Formation & Consumer Cancellation

2.1 Supplier: Rowgear Ltd [Company No. 08859457] of [Canada House, First Floor, 20/20 Business Park, Maidstone, Kent, United Kingdom, ME16 0LS].

2.2 A binding contract is formed when you (a) accept our written quote, (b) tick the T&Cs box at online checkout, or (c) sign our on-site Job Sheet. The T&Cs are provided on a durable medium before conclusion and prevail over any other terms.

2.3 B2C Clients who book at a distance or off-premises may cancel within 14 days of contract formation under the Consumer Contracts Regulations 2013, unless you have asked us to start work within that period; in that case we may charge proportionately for work already performed.

3. Scope of Services

3.1 Standard Service – £70 + VAT per each RowErg, BikeErg & SkiErg machine: full clean, inspection, new bungee, minor hardware & batteries, firmware check, QR sticker, digital certificate.
3.2 Rogue Echo + Assault Fitness bikes – as above plus recalibration where possible.

3.3 Major components, including but not limited to (e.g. flywheel, frame, PM board), are supplied at Concept2 cost once approved in writing by the client.
3.4 We service only Concept2-branded machines with OEM parts to preserve integrity and insurance cover.
3.5 Service prices may be increased annually by CPI + 2 % on 30 days’ notice.

4. Pricing, Payment & Security

4.1 Travel surcharge £30 + VAT / hour roundtrip per site for fleets under 12 machines; typically waived for fleets ≥ 12 subject to hours of travel or abnormal circumstances.
4.2 Invoices are payable 30 days EOM; statutory interest of 8 % over Bank of England base rate applies thereafter (Late Payment of Commercial Debts Act 1998); unless individual terms were agreed upon prior to the service taking place.
4.3 Lien – where we remove parts for workshop repair, we may retain those parts and the digital certificate until paid, exercising any common-law or contractual lien reasonably and proportionately.

5. Warranty Grant

5.1 We warrant that (a) services will be performed with reasonable care and skill (CRA 2015 s.49) and (b) parts we fit will remain in good mechanical order for the Warranty Period.
5.2 The warranty is transferable once, without charge, on sale of the Equipment; further transfers require our written consent, not to be unreasonably withheld.

6. Warranty Remedies

If a fault arises that is attributable to our Service or a fitted part:
(a) we will repeat the necessarily part of the Service for that machine at our cost typically within 14 days or any longer period objectively reasonable given parts availability and site access; or
(b) if repeat performance is impracticable, we will refund the Service charge for that machine; or
(c) if we can reasonably supply replacement parts required along with any necessary tools with online/on phone or video support in order to get warranty issues resolved quicker we are authorised to use this option first

7. Call-out Policy during Warranty

Passing call-out costs to a consumer for our own breach is unfair under CMA guidance.

8. Exclusions & Loss of Warranty

– Misuse of equipment, unauthorised attempted repairs or fitting of parts by anyone other than Rowgear LTD, cosmetic wear, fire/flood damage, damage from equipment in transit or material failure to carry out Concept2 recommended chain lubrication schedule (every 100 hours of use) where that failure is the proximate cause of the defect.
– Removal or tampering with the QR sticker.

9. Client Obligations

9.1 Provide a safe, unobstructed workspace in accordance with the Health & Safety at Work etc. Act 1974 and relevant HSE contractor guidance.
9.2 Provide reasonable, help, information or access to parking near the job site.
9.3 Carry out weekly wipe-downs and chain lubrication following Concept2 guidance (every 100 hours of use).
9.4 Report faults promptly and retain Job Sheets for 12 months.

10. Records, Certification & QR Registration

10.1 We issue a digital “Certificate of Inspection & Warranty” for each machine for insurance and afPE audit purposes.
10.2 Service evidence (photos, torque logs) may be retained for up to six years (Limitation Act 1980) and reviewed annually; we delete or anonymise earlier if no longer necessary to defend legal claims, in line with ICO guidance on retention.

11. Spare Parts & Title

Legal title to new parts passes on payment; replaced defective parts become our property unless you request their return in advance.

12. Limitation of Liability

– £5 million for death or gross personal injury; unlimited for fraud.

– All other loss capped at the lower of £5 million (our public-liability insurance) or 100% of fees paid; this level is commercially reasonable in light of the contract price and available insurance.

– No liability for indirect or consequential loss, injury or death as a result of misuse of equipment, data loss or business interruption, so far as permitted under UCTA and CRA fairness tests.

13. Indemnity by Client (B2B only)

B2B Clients indemnify Rowgear against third-party claims arising from unsafe premises, post-service misuse or breach of clause 9.

14. Intellectual Property

Check-lists, photos, reports and know-how remain Rowgear IP; we license B2C/B2B clients to use them internally for compliance and insurance purposes only.

15. Data Protection

Rowgear is an independent controller under UK GDPR. We rely on Article 6(1)(b) (contract) and 6(1)(f) (legitimate interests) to retain data for up to six years solely to defend legal claims, then erase or anonymise it.

16. Health & Safety / DBS

All technicians hold Enhanced DBS certificates and follow Rowgear’s H&S policy in line with afPE safe-practice guidance.

17. Force Majeure

Neither party is liable for delay caused by events beyond reasonable control provided that it uses all reasonable endeavours to mitigate the effects, consistent with RTI v MUR Shipping BV [2024] UKSC 18.

18. Termination & Suspension

Either party may terminate for material breach on 14 days’ written notice (immediate on insolvency). Rowgear may suspend work or retain parts under clause 4.3 for non-payment. Termination of the 3 or 5 year servicing contracts early would makes the client liable to pay the discounted amount saved from any services already carried out on the contract price.

19. Governing Law & Jurisdiction

English law governs; the courts of England & Wales have exclusive jurisdiction.

20. Dispute Resolution

Good-faith escalation → mediation via CEDR (Centre for Effective Dispute Resolution) → litigation. The mediation step is without prejudice to any consumer’s right to commence court proceedings at any time.

21. Notices

Email to the addresses in the Order Acknowledgement is deemed received on the next Business Day.

22. Severability

Invalid terms are severed; the remainder continues in force.

23. Entire Agreement & Amendment

This document, the accepted quote and the signed Job Sheet constitute the entire agreement and supersede all prior statements, including website marketing. Amendments must be in signed writing.