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SOUTPAW TERMS & CONDITIONS OF SALE (EFFECTIVE OCTOBER 2014, UPDATED FEBRUARY 2017)

You warrant that you buy our services as a business and not as a consumer. By buying from Southpaw, the Customer agrees to be bound by these terms and conditions.

  1. Definitions
  1. “Customer" means the person, company, organization or other entity entering into the Order for the Merchandise.
  2. "Terms" means these terms and conditions.
  3. "Merchandise" means the products, articles or things or any of them subject of the Order and described in the Order.
  4. "Order" means the Order placed by the Customer for the Merchandise.
  5. "Quotation" means the Quotation, which is given to the Customer relating to the Merchandise.
  6. "Southpaw" means Koufax Limited of 3G Bridge Mill, Derby Road, Long Eaton, Nottingham, NG10 4QA.
  1. Prices and Products
  1. Prices are subject to change without notice, are F.O.B. point of shipment, and do not include installation.
  2. Prices do not include Shipping, VAT or any other taxes & duties that may be applicable; however, qualifying and required taxes at the time of shipment will be added to the invoice.
  3. The price of any Merchandise will be as quoted on our site from time to time, in case of obvious error
  4. In the circumstances of an obvious error, we are are under no obligation to provide you the Merchandise to you at the incorrect price, if the pricing error is obvious and unmistakable and could have been reasonably recognized by you as a mis-pricing.
  5. Southpaw ships the latest design model available, which adheres to any applicable statutory or regulatory requirements. We reserve the right to amend the specification of the goods supplied, where necessary. If the amendment is deemed to be a fundamental change, you will be notified in advance.
  6. Since our products are constructed on a limited scale, we are often able to make special modifications to accommodate a larger client or meet a specific requirement. If you have a special request, please contact us at 0115 718 0020, this will however cause a longer lead-time for delivery.
  1. Payment Terms
  1. All payments must be in British sterling GBP. We accept
    1. cheques,
    2. bank transfers,
    3. Visa, MasterCard & Electron.
  2. We do not accept payment on Collection.
  3. Payment on credit or debit card will be processed as soon as your Order is received and your Merchandise will be dispatched at the earliest opportunity.
  4. Upon the dispatch of your Merchandise, an invoice shall be raised.
  5. Those who eligible for VAT relief must supply a copy of their exemption form via mail, fax (0115 718 0050) or email to sales@southpaw.co.uk prior to Order shipment.
  1. Credit Policy
  1. Credit is available to qualifying Customers upon completion of a credit application, which is available by calling 0115 718 0020.
  2. Hospitals, government agencies and public schools are not required to complete an application, but Orders must be received via official purchase Order on the organizations official letterhead.
  3. Credit terms are Net 30 days from invoice date.
  4. Unpaid and past due invoices will be subject to a service charge on the unpaid balance at an interest rate equal to the lesser of eighteen percent (18%) per annum or the maximum allowable interest rate under applicable law. Customer is responsible and liable for all expenses incurred by Southpaw or its associates for collection, including reasonable solicitor fees.
  1. Quotations
  1. Any Quotation from Southpaw is conditioned on, and shall not become binding upon Southpaw until, actual receipt of Customer’s written Order.
  2. Order must be consistent with these Terms and any other terms and conditions stated in Southpaw’s Quotation without qualification, and be submitted within 30 days as indicated in the Quotation.
  1. Shipping Lead Times
  1. Merchandise is normally shipped via courier within 3 working days (Monday - Friday, excluding Public Bank Holidays) of Order acceptance.
  2. Orders received on non working days and Public Bank Holidays will be deemed to have been accepted on the following working day.
  3. For larger items, Made to Order and Special Orders, these lead times will be extended.
  4. If an item cannot be shipped within 30 days, we will contact you for further instructions.
  5. We recommend that items with extended shipping times be ordered 3 months in advance of desired delivery date.
  6. Shipment dates are approximate. Southpaw is not responsible for damages resulting from shipment delays or product deliveries.
  1. Shipping, Handling and Freight Charges
  1. Mainland UK Domestic Customers: Orders are shipped via a Third Party courier or via Royal Mail, depending on size and location.
  2. Southpaw operate a 4 tier shipping policy and are based on the total value of the Order, excluding VAT, as follows:
    1. For Orders between £1 and £50; delivery charge: £4
    2. For Orders between £50.01 and £200; delivery charge: £6
    3. For Orders between £200.01 and £500, delivery charge: £10
    4. For Orders over £500.01, delivery charge: £30
  3. Southpaw reserve the right to change these charges, as it sees fit and without notice
  4. We shall always endeavor to find the most cost effective and safe method of transport for our items
  5. Shipping and handling charges for Orders going to the European Union will be determined on a case-by-case basis. Please note: A 5% handling fee is charged to use third party (Customer specified) transportation.
  1. International Customers & Exports
  1. Shipping charges will be quoted based on Customer’s specified mode of transportation from the U.K and must be paid at the time the Order is accepted.
  2. Taxes and duties are the Customer’s responsibility.
  3. If products are to be exported, the Customer is solely responsible for obtaining export licenses, other necessary papers, consular and custom declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon.
  4. If Southpaw are requested to obtain Export documents, a 30% premium will be charged on top of these charges as a management fee.
  1. Damaged and Incomplete Shipments
  1. All deliveries should be inspected immediately before signing carrier acceptance.
  2. Damage description (including damage to outer cartons) and other notations must be written on the delivery receipt or bill of lading and signed by the driver.
  3. Retain all packaging.
  4. Report any damage or shortage immediately by calling our office at 0115 718 0020. Have your Customer number and invoice number available.
  5. All damage and shortage claims must be reported within 3 days of delivery. 
  1. Returns, Refunds & Cancellation Policy
  1. We want you to be happy with your Merchandise, if you are not and you want to return it, please let us know within 14 days of purchase.
  2. Once you have informed us, please return the Merchandise within 14 days of this.
  3. It is important that any unwanted Merchandise is returned in re-saleable condition, unused and undamaged in the original packaging.
  4. We will refund the delivery charge, provided you return the full order.
  5. If you are only returning some of the items on your order, then we will only refund you the cost of those items.
  6. To return an item, contact us on 0115 718 0020 to obtain a Returns Number, this number should be marked clearly on the packaging of the item being returned.
  7. Unauthorised returns , which are returns beyond the 28 day period of purchase, do not have a Returns Number, or are not in resalable condition, the refund may be rejected or be subject to a £20 re-stocking fee.
  8. Once you have returned your Merchandise, it can take up to 14 days to receieve your refund, but normally is much quicker than this.
  9. Where a product has been specially ordered, Made to Order, or you have specified a certain colour, unless faulty, we're unable to offer a refund.
  10. Eating & hygiene items, oral motor products and books are also non returnable.
  11. Return shipping expenses are by by Southpaw only if the customer received Merchandise which is defective, was received incorrectly due to Southpaw error or being returned under warranty.
  12. Purchases originally made by credit card are refunded to the same card.
  13. Merchandise originally purchased by check, money Order or purchase Order will be issued a credit on Customer’s account, or a refund check will be issued at Southpaw’s discretion.
  1. Restocking Fees
  1. Restocking fees will apply to any merchandise returned after 28 days of receipt.
  2. Restocking fees are waived for defective products and for merchandise returned within 28 days of receipt with proper Return Merchandise Authorization, in the original packaging and in resalable condition.
  1. Statement of Policy
  1. Southpaw provides equipment only for supervised non-recreational treatment activities.
  2. It is the user’s total responsibility to ensure that the equipment is properly and safely assembled and secured, used appropriately, and removed and stored when not in use.
  3. Our equipment should not be altered, modified or changed in any fashion.
  4. Instruction sheets are included with each piece of equipment and are critical to the user’s understanding and safe use.
  5. Replacement instruction and safety sheets are available by calling 0115 718 0020 and are downloadable at southpaw.co.uk.
  1. Guarantee of Satisfaction
  1. Southpaw has a proud reputation for manufacturing quality products. If you are not completely satisfied with any Southpaw made item (please ask which products qualify) you have purchased, call within 60 days of purchase date and we will provide instructions on returning the item for full credit, refund or replacement on Merchandise only, subject to the Southpaw Refund, Returns & Cancellation Policy.
  2. Execution of guarantees applies to private European Union Customers only.
  3. Special conditions and regulations apply to Customers in other international territories.
  1. Two Year Limited Written Warranty
  1. Our new Two Year Limited Written Warranty, now covering defects in materials or workmanship in Southpaw USA and UK made Merchandise for two years from date of shipment, which is extended solely to the user of the product.
  2. Any defects in materials or workmanship will be addressed by repairing or replacing the defective component or product at the sole discretion of Southpaw.
  3. Any alteration, abuse, misuse, tampering, improper repairs, negligence or use of the equipment in a manner inconsistent with the instruction and/or safety sheets is not covered under warranty.
  4. Outdoor use of suspended equipment or hardware may also void all warranties.
  5. Warranties may be deemed void at the sole discretion of Southpaw in such instances.
  6. Warranty does not cover conditions, damages or failures due to normal wear and tear.
  7. We recommend the user establish a regular inspection programme of all equipment, fittings and support systems to guard against injury.
  1. Limitation of Liability
  1. Our products are intended for use only by trained professionals. Although we use the finest materials, we cannot guarantee freedom from injury.
  2. The user assumes all risk of injury and responsibility for applicability to any client.
  3. All merchandise is sold under this condition, which no representative of the company can waive.
  4. The performance of necessary repairs or replacement of defective components or products is the sole and exclusive remedy under this warranty. Southpaw shall not be liable for indirect, incidental or consequential damages resulting from breach of the express written warranty set forth herein.
  5. There are no other express or implied representations or warranties, including the warranties of merchantability and fitness for particular purpose.
  6. Southpaw shall not be liable for indirect, incidental or consequential damages, for injuries to persons or property, or for any other loss or damage except as expressly set forth herein.
  1. Contingencies
  1. Southpaw shall not be liable for any default or delay in performance if caused, directly or indirectly, by an act of God; war; force of arms; fire; the elements; riot; labor dispute; picketing or other labor controversy; sabotage; civil commotion; accident; any governmental action, prohibition or regulation; delay in transportation facilities; shortage or breakdown of or inability to obtain or non-arrival of any labor, material or equipment used in the manufacture of any product; failure of any party to perform any contract with Southpaw relative to the production of any product; or from any cause whatsoever beyond Southpaw’s reasonable control, whether or not such cause be similar or dissimilar to those enumerated.
  1. Limitation of Assignment
  1. Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other, except that Southpaw shall have the right to assign them to any company with which it is affiliated or to any corporation into which it shall be merged, with which it shall be consolidated, or by which it, or all or substantially all of its assets, shall be acquired.
  1. Disclaimers
  1. Although we try to make each Southpaw product fun to use, therapy is a serious business. Our products are not designed to be used for unsupervised play. Even a simple piece of equipment can be dangerous if used improperly.
  2. Our photos and suggestions are not intended to be recommendations or endorsements for any activity. It is up to the user to determine whether a given activity is safe and appropriate for the client or situation.
  3. Throughout the catalog we provide a recommended maximum working load for each product.
    1. Working load is the combined weight of the client and the equipment, plus the force created by motion (swinging, bouncing, rotating). Please do not exceed this maximum.
  4. The word “safety” as used in our catalog is not intended to imply the product is safe in all conditions, but simply that it has been tested and approved by Southpaw (see Limitation of Liability).
  5. For the safety of your clients, therapists, users, etc., check your suspended equipment on a regular basis.
  1. Other Rights or Remedies
  1. Except as otherwise provided herein, any rights or remedies granted hereunder to either party shall be in addition to, and not in lieu of, any other rights or remedies of such party at law or in equity.
  1. Anti Bribery
  1. The Customer shall ensure that it and all of its staff, agents, contractors and any other party performing its obligations or exercising its rights under or in connection with these Conditions and/or any other agreement that the Customer may have with Southpaw complies at all times with all applicable anti-bribery and/or corruption laws, regulations and codes of conduct in all jurisdictions. The Customer shall, whenever requested by Southpaw, provide evidence of the measures, steps and processes that it takes to ensure compliance with the provisions of this Condition and the relevant laws, regulations and codes of conduct.
  1. Entire Agreement
  1. This document contains the entire agreement between Southpaw and Customer and constitutes the final, complete and exclusive expression of the terms of the agreement, all prior or contemporaneous written or oral communications, agreements, forms or negotiations with respect to the subject matter hereof being merged herein. By way of illustration and not limitation, Customer’s Order shall be deemed to incorporate, without exception, all terms and conditions hereof notwithstanding any Order form of Customer containing additional or contrary terms or conditions, unless Customer shall have expressly advised Southpaw to the contrary in a writing apart from such Order form, and no acknowledgement by Southpaw of an Order by Customer shall be deemed to be an acceptance by Southpaw of any such additional or contrary terms or conditions thereof which are in addition or contrary to the terms and conditions hereof. No additional or contrary terms or conditions or modifications may be made to these terms and conditions except by a written instrument signed by one of Southpaw’s officers. Stenographical and clerical errors are subject to correction by Southpaw.
  1. Rights of Third Parties
  1. Both parties expressly agree to waive any rights that they may have under the Contracts (Rights of Third Parties) Act 1999 to bring a claim in respect of any other agreement entered into between the parties to these Conditions in relation to the subject matter of these Conditions and that any third party mentioned in these Conditions either specifically or by implication shall be expressly excluded from bringing a claim under the said Act.
  1. Severability
  1. In the event that any provision hereof shall violate any applicable statute, ordinance or rule of law, such provision shall be ineffective to the extent of such violation without invalidating any other provision hereof.
  1. Governing Law
  1. These Conditions shall be governed by and construed in all respects in accordance with the laws of England and Wales and both the Customer and Southpaw hereby agree to the exclusive jurisdiction of the English Courts in the event of any dispute in relation thereto.