Commercial Terms of Sale

These Terms apply when Products are purchased for Commercial / Pro use.

Summary of Key Commercial Terms

(This is a high-level summary only — please refer to the full Terms & Conditions below.)

Standard Payment Structure for Installed Goods: Commercial customers pay 60% deposit before production, 20% four weeks later, and 20% on completion of installation and commissioning, unless agreed otherwise in writing.
Standard Payment Structure for Non-Installed Goods: Most commercial customers pay a deposit at the point of order and the remaining balance shortly before delivery.
Optional Instalment Plan: In select markets, approved commercial customers may pay a 50% deposit and the remaining balance over 11 equal monthly payments.
Supply-Only vs Supply & Install: Your Order Confirmation states whether Brass Monkey is supplying the Goods only, or supplying and installing them. Installed Products currently comprise the Pro Plant and Spa Plant; other Products are ordinarily Supply-Only.
Delivery: Delivery typically takes place once full payment is received, unless an Instalment Plan is agreed in writing.
Ownership: Brass Monkey retains ownership of the Goods until all amounts (including any instalments) are paid in full.
Default: Missed or failed payments allow Brass Monkey to pause warranty support, suspend services, charge interest, or recover the Goods.
Insurance: Customers must insure the Goods at full replacement value until ownership passes.
Care & Warranty: Warranty terms are set out separately in our Warranty Information page. Warranty and ProCare services require the account to be up-to-date with all payments. Warranty Extensions may be purchased separately.
Out of Warranty Service: Chargeable repair work outside warranty is governed by our Parts & Labour Service Terms.
Orders & Changes: Once an Order is confirmed, quantities, specifications and delivery arrangements are fixed. Changes may incur charges.
Cancellations: Commercial orders do not include a cooling-off period. Deposits may be non-refundable once manufacture or scheduling has commenced.
Delivery & Installation Variations: Rescheduling, abortive visits and storage may be chargeable. Charges are independent and may apply cumulatively where multiple events occur.
Site Readiness & Installation: Customers are responsible for access, dimensions, prerequisites and site health & safety. Where Brass Monkey installs, works are carried out under the CDM Regulations 2015. Failed deliveries or installs may be chargeable.
Training Courses: Online and in-person training services are subject to separate booking terms which apply alongside these Terms.
International Customers: Overseas orders are non-returnable unless agreed in writing. International servicing is discretionary and chargeable.

1. Definitions

1.1 "Brass Monkey", "we", "us" or "our" refers to Brass Monkey Health Ltd.

1.2 "Customer" refers to the commercial entity purchasing Goods or Services.

1.3 "Goods" refers to ice baths, chillers, accessories or related equipment supplied by Brass Monkey.

1.4 "Services" refers to installation, commissioning, maintenance, remote monitoring, ProCare, training courses and other services.

1.5 "Instalment Plan" refers to the optional 50% deposit + 11 monthly payment structure agreed in writing.

1.6 "Order Confirmation" refers to the written acceptance issued by Brass Monkey.

1.7 "Charges Schedule" means the Brass Monkey Charges page, as updated from time to time, available at https://www.brassmonkey.co/pages/brass-monkey-charges.

1.8 "Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party, including (without limitation) acts of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, industrial action, failure of utilities or telecommunications, governmental action, import or export restrictions, and material failure of supply chain not caused by the affected party.

1.9 "Supply-Only" means an Order where Brass Monkey supplies the Goods for installation by the Customer or others.

1.10 "Supply & Install" means an Order where Brass Monkey's scope includes delivery, positioning, interconnecting pipework, service connection and commissioning, as stated in the Order Confirmation. Brass Monkey's currently installed Products are the Pro Plant and the Spa Plant; other Products are ordinarily Supply-Only. The applicable mode is stated in the Order Confirmation and governs which clauses apply.

1.11 "Commissioning Sheet" means Brass Monkey's commissioning and handover record signed by the Customer.

2. Basis of Contract

2.1 These Terms apply to all commercial sales of Goods and Services. No other terms apply unless agreed in writing.

2.2 An Order becomes binding on the earlier of (a) the Customer signing the Order, or (b) Brass Monkey's receipt of the deposit — whichever occurs first.

2.3 Quotations are valid for 7 Business Days unless otherwise stated.

2.4 Customer Cancellations & Variations — Once an Order has been confirmed, the Customer has no automatic right to cancel or vary the Order. Any request to cancel, defer or amend quantities, specifications or delivery arrangements shall be treated as a Customer-Initiated Variation and handled in accordance with clause 5.

3. Goods

3.1 The Goods are as described in our commercial product documentation or Order Confirmation.

3.2 Sample imagery is illustrative only.

3.3 Goods may be adjusted to meet regulatory or safety requirements.

4. Delivery

4.1 Delivery occurs on the agreed Delivery Date.

4.2 Brass Monkey is not liable for delays caused by site access, Customer readiness, contractors, or a Force Majeure Event.

4.3 If delivery fails due to Customer issues, redelivery fees may apply in accordance with the Charges Schedule.

4.4 Customer Availability & Acceptance

The Customer is responsible for ensuring that access routes, doorways, corridors, lifting capacity and installation locations are suitable for the dimensions and weight of the Goods as provided by Brass Monkey.

Brass Monkey shall not be liable for inaccuracies in Customer-provided measurements or site information.

If delivery or installation cannot proceed due to access or dimensional issues, this shall constitute a failed delivery or abortive visit under clause 5.6.

5. Payment Terms

5.1 Standard Payment Terms for Installed Goods

5.1.1 Unless otherwise agreed in writing, payment for Goods requiring installation shall be made as follows:

(a) sixty percent (60%) deposit prior to commencement of production;
(b) twenty percent (20%) four (4) weeks after the deposit payment; and
(c) twenty percent (20%) following commissioning and handover (signature of the Commissioning Sheet, or deemed acceptance under clause 8.12).

5.1.2 Time is of the essence for all payments. Failure to make any payment when due may result in suspension of work, delayed delivery, or suspension of Services.

5.2 Standard Payment Terms for Non-Installed Goods

5.2.1 For Goods not requiring installation, the Customer shall pay a deposit at Order and the remaining balance prior to delivery, unless an Instalment Plan is agreed in writing.

5.3 Instalment Plan (Optional)

5.3.1 For approved Customers, the Instalment Plan consists of:

(a) a non-refundable deposit of fifty percent (50%) at Order; and
(b) eleven (11) equal monthly instalments representing the remaining balance.

5.3.2 Instalments begin on the date of delivery unless otherwise stated.

5.3.3 Instalments must be paid via direct debit, standing order, card-on-file, or approved automatic method.

5.3.4 Time is of the essence for payment of all Instalments.

5.4 Failed or Late Payments

5.4.1 If any payment (including deposits, stage payments or Instalments) fails or is late, Brass Monkey may:

(a) charge interest at 4% above the Bank of England base rate;
(b) apply a reasonable administration fee;
(c) suspend Services, ProCare, training access or remote support;
(d) suspend or delay production, delivery or installation;
(e) accelerate remaining payments;
(f) recover the Goods as set out in clause 7.

5.5 Customer-Initiated Variations

5.5.1 Once an Order has been confirmed and manufacture, procurement, scheduling or delivery preparation has commenced, quantities and specifications are fixed. Commercial Orders do not include a statutory or contractual cooling-off period.

5.5.2 If the Customer requests cancellation after manufacture, procurement, allocation of stock or scheduling of delivery or installation has commenced:

(a) any deposit paid shall be non-refundable; and
(b) Brass Monkey may invoice for costs incurred up to the date of cancellation, including manufacturing, procurement, storage, handling and administrative costs.

5.5.3 If the Customer requests a delay to delivery after the Goods are ready:

(a) Brass Monkey may agree to hold the Goods for a limited period;
(b) storage charges shall apply in accordance with the Charges Schedule; and
(c) Brass Monkey may require full payment prior to extended storage or rescheduling.

5.5.4 If the Customer requests to reschedule a confirmed delivery or installation date, a rescheduling charge shall apply in accordance with the Charges Schedule. The applicable charge shall be determined by the notice given by the Customer relative to the confirmed delivery or installation date.

5.5.5 Notice Measurement — Where the Charges Schedule applies rescheduling charges by reference to the notice given by the Customer, notice shall be measured as the period between the Customer's written notification to Brass Monkey and the confirmed delivery or installation date in force at the time of notification. Any request to reschedule made after Brass Monkey engineers or third-party logistics partners have been dispatched to site shall be treated as falling within the shortest applicable notice tier, regardless of the elapsed time.

5.5.6 A reduction in quantity or postponement of delivery shall not constitute termination of the Contract.

5.6 Failed Delivery or Abortive Visit Charges

5.6.1 If delivery or installation cannot proceed due to Customer-related issues, including but not limited to:

(a) incomplete site prerequisites;
(b) insufficient access, power, drainage or space;
(c) absence of authorised personnel;
(d) last-minute refusal or change of scope;

Brass Monkey may, at its discretion:

(a) abort the visit;
(b) leave the Goods on site without installation; or
(c) return the Goods to storage.

5.6.2 In such circumstances, the Customer shall be liable for charges including abortive visit fees, redelivery charges, storage fees and additional labour or rescheduling costs, in each case in accordance with the Charges Schedule.

5.6.3 Independent and Cumulative Charges — Charges under clauses 5.5 and 5.6 are independent and cumulative. Where an abortive visit occurs and the Customer subsequently requests a rescheduled delivery or installation date, both an abortive visit charge under clause 5.6.2 and a rescheduling charge under clause 5.5.4 (calculated by reference to the notice given for the rescheduled date) shall apply, in each case in accordance with the Charges Schedule.

5.7 Charges & Updates

5.7.1 Charges for delivery, installation, abortive visits, storage, redelivery, training and ancillary services shall apply in accordance with the Charges Schedule.

5.7.2 The Charges Schedule may be updated periodically. The version in force at the time the chargeable event occurs shall apply.

5.7.3 Customer-Caused Events — Charges under clauses 5.5 and 5.6 apply only where the variation, delay or failure to proceed is attributable to the Customer or to circumstances within the Customer's control. Charges shall not apply where the cause is attributable to Brass Monkey (including, without limitation, engineer unavailability, manufacturing defect, or failure of Brass Monkey-arranged logistics), or to a Force Majeure Event as defined in clause 1.8.

6. Warranty

6.1 Warranty terms, conditions of coverage, exclusions and remedies are set out in full on our Warranty Information page, which forms part of these Terms.

6.2 Brass Monkey may suspend warranty or ProCare support while any deposit, stage payment, instalment or balance remains overdue.

6.3 Out of warranty service and chargeable repair work are governed by our Parts & Labour Service Terms.

6.4 Warranty Extensions may be purchased separately and are subject to additional terms set out on the Warranty Information page.

7. Title, Ownership & Recovery Rights

7.1 Risk passes to the Customer on delivery.

7.2 Title remains with Brass Monkey until:

(a) the deposit and all stage payments are paid in full;
(b) all instalments (if applicable) are paid in full;
(c) no sums remain outstanding under the Contract.

7.3 Until title passes, the Customer shall:

(a) hold the Goods as Brass Monkey's bailee;
(b) keep the Goods insured at full replacement value;
(c) not move or dispose of the Goods without written consent;
(d) maintain the Goods properly;
(e) notify Brass Monkey immediately of damage, theft, or insolvency risk.

7.4 Recovery Rights

7.4.1 If the Customer defaults on any payment or suffers an Insolvency Event, Brass Monkey may:

(a) enter the premises to recover the Goods;
(b) disconnect and remove the Goods;
(c) recover reasonable costs of recovery and reinstatement.

7.4.2 The Customer grants Brass Monkey an irrevocable licence to access the premises for recovery purposes.

8. Services

8.1 Service and maintenance obligations apply only where purchased separately.

8.2 The Customer is solely responsible for ensuring the site meets all specified prerequisites prior to installation, including but not limited to power supply, drainage, access, structural support and environmental conditions.

8.3 If Brass Monkey determines, acting reasonably, that site prerequisites are not met, it may refuse to commence or may abort installation without liability. Any resulting charges shall apply in accordance with the Charges Schedule.

8.4 Missed appointments within 24 hours may incur charges in accordance with the Charges Schedule.

8.5 Training Courses — Online and in-person training services are subject to separate booking terms which apply alongside these Terms.

8.6 Overseas Customers & Returns

8.6.1 Goods supplied to overseas or export Customers are non-returnable unless otherwise agreed in writing.

8.6.2 Where a return is exceptionally agreed, the Customer shall be responsible for all return shipping, customs duties, taxes, re-import costs and insurance.

8.6.3 Brass Monkey may deduct reasonable inspection, refurbishment, handling and administrative costs. No refund is guaranteed.

8.7 Customer-Applied Cladding & Finishes

Where Brass Monkey supplies the Goods unclad, or where the Customer or a third party applies cladding, decking, a top-deck or any other finish to the Goods:

(a) the Customer remains responsible for ensuring the installation meets Brass Monkey's specified airflow, ventilation, clearance and access requirements at all times;
(b) any cladding, decking, top-deck or finish not supplied by Brass Monkey is excluded from the Warranty, and the Customer is responsible for ensuring all such materials are suitable for continuous use in a chlorinated, cold-water environment;
(c) Brass Monkey accepts no liability for any fault, damage, performance shortfall or safety issue arising wholly or partly from customer-applied cladding or finishes, or from any resulting restriction of airflow or access; and
(d) Brass Monkey will, on request, provide top-deck drawings and guidance on airflow and access. Responsibility for following that guidance remains with the Customer.

8.8 Positioning & Clearances

The Customer is responsible for siting the Goods in accordance with Brass Monkey's clearance and airflow requirements. Positioning the Goods against a wall, or in any location that reduces the specified clearances or restricts airflow or access, is not permitted and will void the Warranty unless Brass Monkey has agreed the specific position in writing in advance. Where site constraints require such a position, Brass Monkey may recommend the Pro Chill Plant Room configuration, in which the plant is housed separately. Where Brass Monkey positions the Goods as part of a Supply & Install Order (clause 8.11), this clause does not apply to Brass Monkey's positioning, which is covered by the installation workmanship warranty.

8.9 Design & Layout Support

Where Brass Monkey provides layout, design or specification support, or briefs the Customer's partners or contractors:

(a) it is provided with reasonable skill and care, and does not amount to a fitness-for-purpose warranty for the wider scheme;
(b) it relies on measurements, drawings and site information supplied by the Customer, who is responsible for their accuracy;
(c) drawings and briefs are indicative and issued for coordination, and must be verified against site conditions before works proceed;
(d) the Customer (and its designer or Principal Designer) remains responsible for coordinating Brass Monkey's information into the overall design and for builder's work, structural, waterproofing/tanking and drainage design; and
(e) Brass Monkey maintains professional indemnity insurance of £1,000,000. Brass Monkey's liability for design input is provided with reasonable skill and care and is subject to the cap in clause 9 (Limitation of Liability).

8.10 Site, Health & Safety and CDM (Supply & Install)

(a) Works on site are carried out under the Construction (Design and Management) Regulations 2015. Brass Monkey acts as a Contractor. Where others are engaged on the project, Brass Monkey will cooperate with the Client, Principal Designer and Principal Contractor and work to site rules and inductions. Where Brass Monkey is the only contractor, it will plan, manage and monitor its own works; the Customer remains the CDM Client and retains the Client duties, including notifying the HSE (F10) where the project is notifiable.
(b) Brass Monkey provides risk assessments and method statements (RAMS) for its works, and its operatives hold current CSCS cards. Refrigerant works, where required on site, are carried out by F-Gas certified engineers in accordance with the F-Gas Regulations.
(c) The Customer shall provide safe access and egress, a safe and ready working area, welfare facilities, unloading and parking, site induction and any permits, and shall disclose in advance all site-specific hazards (including asbestos, live or buried services, confined spaces and floor-loading limits).

8.11 Installation, Commissioning & Responsibilities (Supply & Install)

Brass Monkey's scope is: delivery to site, positioning, the interconnecting pipework between plunge and plant, final connection to the services terminated at the agreed interface points, and commissioning. Core drilling and builder's work, making good and finishes, and arranging a qualified electrician are by others unless expressly included in the Order (these are project-specific).

Unless stated otherwise in the Order, the Customer provides, to the agreed points, by suitably qualified trades and ready before Brass Monkey attends:

(a) Fresh water — a WRAS-compliant isolation valve on a balanced 22 mm mains feed, with pressure-regulating valve and shock arrestor;
(b) Waste — 32 mm plastic solvent-weld pipe, with the waste point below the lowest point of the bath (gravity-fed);
(c) Power — a rotary isolator with a 16 A fuse fitted within 1 m of the unit for Brass Monkey's connection and connected to the onboard 13 A RCD, by a qualified electrician; and
(d) builder's work (core holes, plinth, drainage falls, containment and plant-room preparation) and the site conditions in clause 8.10.

Brass Monkey connects to services terminated at the agreed points and is not responsible for the adequacy, compliance or condition of the Customer's supplies, existing services, drainage falls, waterproofing/tanking or building fabric, nor for delay or defect in works by others. The final electrical connection is made by the Customer's qualified electrician unless Brass Monkey has agreed to arrange one; Brass Monkey remains responsible for the workmanship of the connections it makes.

8.12 Handover & Acceptance (Supply & Install)

Commissioning is complete when Brass Monkey has demonstrated that the Product operates to specification; performance is demonstrated against the specified ambient and water-chemistry envelope and is not a guarantee of a fixed outcome (see the Warranty Information page — Performance & Operating Range, and clause 6.2). Handover is recorded on a Commissioning Sheet signed by the Customer. If the Customer uses the Product operationally, or does not sign within 7 days of commissioning without notifying a defect, the Product is deemed accepted. The Customer may report installation defects within 14 days of handover (the snagging window); these are rectified under the installation workmanship warranty and are separate from product defects and from works by others.

8.13 Insurance

Brass Monkey maintains the following insurance: public liability £5,000,000; product liability £5,000,000; employers' liability £10,000,000; and professional indemnity £1,000,000. The Customer shall maintain appropriate insurance for the site, including contract works and existing structures as applicable, and shall disclose site hazards under clause 8.10. This clause does not increase Brass Monkey's liability beyond the cap in clause 9 (Limitation of Liability).

9. Limitation of Liability

9.1 Brass Monkey excludes indirect and consequential losses.

9.2 Maximum liability is capped at the total amount paid under the Contract.

9.3 Nothing in these Terms excludes or limits Brass Monkey's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

10. Termination

10.1 Brass Monkey may terminate if the Customer:

(a) fails to pay any deposit, stage payment, balance or instalment on time;
(b) commits a material breach;
(c) prevents delivery or recovery of the Goods;
(d) enters insolvency or administration.

10.2 Effect of Cancellation or Termination — Termination or cancellation of the Contract shall not affect Brass Monkey's right to recover charges incurred prior to termination, including manufacturing, delivery, storage, abortive visit or recovery costs.

11. Force Majeure

11.1 Neither party shall be liable for any failure or delay in performance of its obligations under the Contract to the extent caused by a Force Majeure Event.

11.2 The affected party shall notify the other party as soon as reasonably practicable and shall use reasonable endeavours to mitigate the effect of the Force Majeure Event.

11.3 If a Force Majeure Event continues for more than 90 consecutive days, either party may terminate the Contract on written notice without further liability, save in respect of accrued rights and obligations as at the date of termination.

12. Confidentiality

12.1 Both parties shall keep confidential all non-public business information.

13. Governing Law

13.1 These Terms are governed by the laws of England and Wales.

13.2 The courts of England and Wales have exclusive jurisdiction.

Last updated: August 2026

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