Terms & Conditions (Business)
These Terms and Conditions apply to all transactions with Virtus Wellness & Sports Recovery (trading as Townview Hire Limited) and cover outright purchase, hire (rental) and hire-to-purchase. Please read them carefully before entering into any agreement. By signing a Sales Order or accepting delivery of Goods or Equipment, you agree to be bound by these Terms. These Terms do not apply to Consumers — please see our separate Consumer Terms.
1. Company Information
1.1 These Terms and Conditions govern the supply of goods, equipment and services by Virtus Wellness & Sports Recovery, a trading name of Townview Hire Limited, a company registered in Northern Ireland with company number NI694529 and VAT number GB439162780, whose registered office is at 97 Maphoner Road, Mullaghbawn, Newry, Armagh BT35 9TR, Northern Ireland. 1.2 For the purposes of these Terms, references to “Virtus”, “we”, “us” or “our” shall mean Townview Hire Limited trading as Virtus Wellness & Sports Recovery. 1.3 These Terms apply to business customers (“B2B”). Separate Consumer Terms apply to individuals purchasing or hiring Goods for personal use only. 1.4 Virtus may introduce customers to third-party finance providers. Virtus is not a lender and takes no responsibility for the terms of any credit agreement entered into between a customer and a third-party finance provider.
2. Definitions
In these Terms and Conditions, the following expressions have the following meanings: “Agreement” or “Contract” means the contract formed when Virtus accepts a Sales Order, comprising these Terms and the Sales Order. “Business Day” means any day other than a Saturday, Sunday or public holiday in Northern Ireland. “Customer” means the business or individual (not a Consumer) set out in a Sales Order. “Consumer” means an individual purchasing Goods or hiring Equipment wholly for personal use outside any trade or business. “Commencement Date” means the date Virtus confirms acceptance of the Sales Order. “Deposit” means the refundable security deposit payable under a Hire or Hire Purchase Agreement, as set out in the Sales Order. “Equipment” means any item supplied by Virtus under a Hire or Hire Purchase Agreement, as set out in the Sales Order. “Equipment Value” means the full purchase price of the Equipment as set out in the Sales Order. “Goods” means any items supplied by Virtus under an Outright Purchase Agreement, as set out in the Sales Order. “Hire Agreement” means a contract for the rental of Equipment from Virtus for a defined Rental Period. “Hire Purchase Agreement” means a contract under which the Customer hires Equipment with the option to purchase it at the end of or during the Hire Period, with rental payments credited against the purchase price. “Hire Period” means the period during which Equipment is rented by the Customer under a Hire or Hire Purchase Agreement. “Outright Purchase Agreement” means a contract for the outright sale of Goods from Virtus to the Customer. “Rental Period” means the actual duration for which Equipment is hired. “Sales Order” means the order form issued by Virtus confirming the Goods, Equipment, services, price and applicable terms. “Services” means any installation, commissioning, training or other services provided by Virtus in connection with the supply of Goods or Equipment. “Wellness Suite” means a designed, supplied and fitted recovery facility comprising one or more items of Equipment and/or Goods installed by Virtus at the Customer's premises.
3. Basis of Agreement
3.1 No contract is formed until Virtus issues a Sales Order and the Customer accepts it by virtual signature, written acceptance, or by accepting delivery of the Goods or Equipment. 3.2 Any quotation issued by Virtus is valid for 15 days only and does not constitute an offer. 3.3 Virtus's employees and agents are not authorised to make representations about the Goods or Equipment unless confirmed in writing by Virtus. 3.4 No variation to these Terms is binding unless agreed in writing between authorised representatives of both parties. 3.5 Virtus reserves the right to refuse any order without giving reasons.
4. Types of Agreement
Virtus offers three types of commercial arrangement. The Sales Order will specify which type applies: 4.1 Outright Purchase — The Customer purchases Goods outright. Title passes to the Customer on receipt of full payment. Risk passes on delivery or installation, whichever is later. Finance may be available through Virtus's third-party finance partner(s). 4.2 Hire (Rental): 4.2.1 Virtus supplies Equipment to the Customer for a Hire Period. Title in the Equipment remains with Virtus at all times. Risk passes to the Customer on delivery or installation. 4.2.2 The minimum Hire Period is three (3) months. 4.2.3 Monthly rental payments are payable in advance. The first payment includes the Security Deposit. 4.2.4 To terminate a Hire Agreement, the Customer must submit a written cancellation form. Virtus will collect the Equipment no sooner than two (2) weeks from receipt of the cancellation form. Rental payments continue until the Equipment is collected. 4.2.5 A cleaning and collection fee is payable prior to collection. This fee is waived if the Hire Period exceeds three (3) months. 4.2.6 Following collection, Virtus will inspect the Equipment within four (4) weeks. The Security Deposit will be refunded in full if the Equipment is returned in good condition, subject to normal wear and tear. Virtus may deduct from the Deposit any costs arising from damage beyond normal wear and tear. 4.3 Hire to Purchase (Hire Purchase): 4.3.1 The Customer hires Equipment with the option to purchase it at any time during the Hire Period or at its end. 4.3.2 The purchase price shall be calculated as follows: Equipment Value less the Security Deposit and less rental payments already made, up to a maximum credit of six (6) months' rental payments. 4.3.3 The Customer may exercise the purchase option at any time by notifying Virtus in writing and paying the balance of the purchase price as calculated under Clause 4.3.2. 4.3.4 Title in the Equipment passes to the Customer only upon receipt by Virtus of the full purchase price. 4.3.5 Finance may be available through Virtus's third-party finance partner(s) for the purchase price. 4.3.6 It is possible that a Customer who does not exercise the purchase option may pay more in total rental payments than the Equipment Value. No refund will be due in such circumstances.
5. Wellness Suite Design, Supply and Installation
5.1 Virtus offers a design, supply and installation service for complete Wellness Suites at the Customer's premises. 5.2 The scope of works, specifications, timeline and price for any Wellness Suite project will be set out in a separate Project Agreement signed by both parties. 5.3 The Customer is responsible for ensuring the premises are suitable and prepared for installation, including adequate space, ventilation, power supply and any structural requirements. Virtus will advise on requirements prior to installation. 5.4 Where structural alterations are required to enable delivery, installation or collection of Equipment, the Customer is responsible for arranging and meeting the cost of such alterations. 5.5 Virtus will carry out installation using reasonable care and skill and will provide on-site training on the safe operation of all Equipment installed. 5.6 Time is not of the essence for installation or commissioning unless expressly agreed in writing.
6. Price and Payment
6.1 The price for Goods or Equipment is that stated in the Sales Order. 6.2 All prices are exclusive of VAT, delivery, packaging and transport charges, which will be confirmed separately. 6.3 Virtus reserves the right to increase prices before delivery to reflect increases in costs beyond Virtus's control, including currency fluctuations, duty changes or increases in materials or transport costs. Customers will be notified of any such increase. 6.4 Under Hire and Hire Purchase Agreements, monthly payments are due in advance by direct debit or standing order on the date specified in the Sales Order. 6.5 Under Outright Purchase Agreements, the full purchase price is due as specified in the Sales Order. 6.6 Time of payment is of the essence. Virtus does not offer credit except through its approved third-party finance partners. 6.7 If any payment is overdue, Virtus may: (a) suspend delivery or collection; (b) charge a late payment fee of £100 plus interest at 6% per annum above the Bank of England base rate from the due date until the date of payment; and (c) cancel or terminate the Agreement.
7. Delivery, Installation and Risk
7.1 Delivery and installation will be made to the address specified in the Sales Order. 7.2 Delivery dates are estimates only. Time is not of the essence for delivery unless expressly agreed in writing. Virtus will not be liable for delays caused by circumstances beyond its reasonable control. 7.3 Risk of loss or damage passes to the Customer: (a) on notification that Goods or Equipment are available for collection from Virtus's premises; (b) on delivery to the Customer's address; or (c) on completion of installation by Virtus, whichever is applicable. 7.4 Where Goods or Equipment are to be installed by Virtus, they remain the property of Virtus until payment in full is received (Outright Purchase) or the purchase option is exercised and paid in full (Hire Purchase).
8. Retention of Title
8.1 Title in Goods sold outright does not pass to the Customer until Virtus has received payment in full. 8.2 Until title passes, the Customer holds the Goods as bailee for Virtus and must store them separately, keep them identifiable as Virtus's property, and insure them at full replacement value. 8.3 Virtus reserves the right to repossess Goods or Equipment in which title has not passed, without notice, if the Customer fails to make payment or becomes insolvent. The Customer irrevocably authorises Virtus to enter its premises during normal business hours for this purpose. 8.4 Under Hire and Hire Purchase Agreements, title in the Equipment remains with Virtus at all times unless and until the purchase option is exercised and the full purchase price is paid.
9. Equipment Use and Care (Hire and Hire Purchase)
9.1 The Customer must: (a) use the Equipment only for its intended purpose; (b) ensure adequate space, ventilation and power supply; (c) follow all safety instructions and operating manuals; (d) keep the Equipment clean and in good condition; (e) ensure all users receive appropriate training; (f) use only manufacturer-approved consumables. 9.2 The Customer must not: (a) make alterations or repairs to the Equipment without Virtus's prior written consent; (b) remove any labels, markings or safety notices; (c) pledge or charge the Equipment as security; (d) sublet or transfer the Equipment to any third party. 9.3 Certain Equipment (including hyperbaric oxygen chambers and cryotherapy units) requires specialist training prior to use. The Customer must ensure all relevant individuals are trained before using such Equipment. 9.4 Children must be supervised at all times when using any Equipment. Children must not bring toys, pens or other items into enclosed Equipment such as hyperbaric chambers.
10. Maintenance and Repairs
10.1 Virtus will maintain Equipment to manufacturer standards during the Hire Period. All parts and servicing under normal wear and tear are included. 10.2 The Customer must notify Virtus immediately of any fault or damage. The Customer must not attempt repairs without Virtus's prior written consent. 10.3 Virtus may repair or replace faulty Equipment at its discretion. Where a fault is caused by the Customer's negligence or misuse, the cost of repair will be charged to the Customer. 10.4 If Equipment cannot be used due to a fault that is Virtus's responsibility, rental costs will be waived for the period the Equipment is out of service.
11. Insurance
11.1 Under B2B Hire and Hire Purchase Agreements, the Customer is responsible for insuring the Equipment against loss, damage and theft for its full Equipment Value throughout the Hire Period. 11.2 The Customer must also hold Public Liability insurance to cover third-party claims arising from the use of the Equipment. 11.3 The Customer must provide evidence of adequate insurance on request. 11.4 Any uninsured loss or damage to the Equipment during the Hire Period will be the Customer's liability. Virtus will first apply the Security Deposit against any such costs. If costs exceed the Security Deposit, the Customer is liable for the balance.
12. Defective Goods and Equipment
12.1 If Goods or Equipment are defective on delivery, the Customer must notify Virtus in writing within five (5) Business Days of delivery. Virtus will, at its option, replace or refund the defective item. 12.2 Virtus will not be liable for defects caused by fair wear and tear, misuse, negligence, failure to follow instructions, or modifications made without Virtus's consent. 12.3 No Goods or Equipment may be returned to Virtus without prior written authorisation. 12.4 All implied warranties and conditions are excluded to the fullest extent permitted by law.
13. Liability
13.1 Virtus's total liability under or in connection with any Agreement shall not exceed the Contract Price (or, under Hire/Hire Purchase Agreements, the rental payments paid in the 12 months preceding the event giving rise to liability). 13.2 Virtus will not be liable for: (a) loss of profit, revenue, business or goodwill; (b) indirect or consequential loss; (c) loss arising from the Customer's improper use of Goods or Equipment. 13.3 Nothing in these Terms excludes or limits Virtus's liability for: (a) death or personal injury caused by Virtus's negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter which cannot be excluded by law. 13.4 The Customer shall indemnify Virtus against all claims, damages, costs and expenses arising from: (a) the Customer's use or misuse of Goods or Equipment; (b) loss or damage to Equipment caused by the Customer; (c) the Customer's failure to comply with these Terms.
14. Health, Safety and Regulatory Compliance
14.1 Certain products supplied by Virtus (including hyperbaric oxygen chambers) are subject to regulatory requirements. The Customer is responsible for ensuring compliance with all applicable laws and regulations in the jurisdiction of use, including in the Republic of Ireland and Northern Ireland. 14.2 Virtus will provide safety information and operating instructions with all Equipment. The Customer must ensure all users are adequately trained and that all applicable safety protocols are followed. 14.3 The Customer must not use Equipment for any purpose for which it is not designed or certified. 14.4 Virtus recommends that individuals consult a qualified medical practitioner before using hyperbaric oxygen therapy or other therapeutic Equipment, particularly where they have a pre-existing medical condition. 14.5 The Customer is responsible for obtaining any licences, permits or regulatory approvals required for the use of Equipment at its premises.
15. Resale
15.1 The Customer may not resell Goods or Equipment supplied by Virtus without Virtus's prior written consent. 15.2 Where permission is granted to resell, the Customer must ensure that Virtus's liability exclusions are reflected in the Customer's own terms with end purchasers, and must indemnify Virtus against any failure to do so.
16. Cancellation
16.1 Accepted Sales Orders may not be cancelled by the Customer except with Virtus's prior written consent. Virtus may require the Customer to indemnify it for all losses, costs and expenses arising from cancellation. 16.2 Hire and Hire Purchase Agreements may be terminated by the Customer following the minimum Hire Period by completion of a cancellation form. The terms of Clause 4.2.4 and 4.2.5 apply.
17. Confidentiality
17.1 Each party must keep confidential all information received from the other that is marked as confidential or that is clearly confidential by its nature. 17.2 Confidentiality obligations continue for three (3) years after termination of the Agreement. 17.3 Neither party may disclose confidential information except to employees, contractors and advisers who need to know it for the purposes of the Agreement, or as required by law.
18. Force Majeure
18.1 Neither party will be liable for failure or delay in performing obligations under these Terms where such failure results from causes beyond that party's reasonable control, including acts of God, fire, flood, pandemic, war, terrorism, governmental action, industrial disputes or interruption of utilities. 18.2 Force majeure does not apply to payment obligations for Goods or Equipment already delivered.
19. Termination and Default
19.1 Virtus may terminate any Agreement immediately on written notice if: (a) the Customer fails to pay any sum when due; (b) the Customer commits a material breach of these Terms; (c) the Customer becomes insolvent, enters administration, liquidation, or receivership, or makes any arrangement with creditors; or (d) the Customer ceases or threatens to cease trading. 19.2 On termination under Clause 19.1, Virtus may: (a) collect all Equipment immediately; (b) declare all outstanding sums immediately payable; and (c) retain the Deposit.
20. General
20.1 Assignment: Virtus may assign these Terms or any Agreement without the Customer's consent. The Customer may not assign its rights or obligations without Virtus's prior written consent. 20.2 Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of the right to enforce it subsequently. 20.3 Severance: If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect. 20.4 Entire Agreement: These Terms, together with the Sales Order, constitute the entire agreement between the parties and supersede all prior representations, discussions and agreements. 20.5 Third Party Rights: No third party has any rights under these Terms pursuant to the Contracts (Rights of Third Parties) Act 1999 (UK) or equivalent legislation in Northern Ireland. 20.6 Notices: All notices must be in writing and delivered by email (with read receipt), courier or registered post to the most recent address of the receiving party.
21. Governing Law and Jurisdiction
21.1 These Terms and all Agreements shall be governed by and construed in accordance with the laws of Northern Ireland. 21.2 Any dispute arising out of or in connection with these Terms or any Agreement shall be subject to the exclusive jurisdiction of the Courts of Northern Ireland. 21.3 For customers in the Republic of Ireland, Virtus acknowledges that Irish consumer protection and tenancy legislation may apply where relevant, and will comply with applicable Irish regulations in respect of any transaction with an Irish-based Customer.
Acceptance of Terms
By signing a Sales Order or accepting delivery of any Goods or Equipment from Virtus Wellness & Sports Recovery (Townview Hire Limited), you confirm that you have read, understood and agree to be bound by these Terms and Conditions. Virtus Wellness & Sports Recovery · Trading as Townview Hire Limited · Company No. NI694529 · VAT No. GB439162780 · 97 Maphoner Road, Mullaghbawn, Newry, Armagh BT35 9TR · sales@virtuswellnessandperformance.com · +44 (0)7491 970422 · virtuswellnessandperformance.com