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: 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.
  • 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 and ProCare services require the account to be up-to-date with all payments.
  • 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 & Storage: Delivery dates may be deferred by agreement. Storage charges may apply.
  • Site Readiness: Customers are responsible for access, dimensions and prerequisites. Failed deliveries or installs may be chargeable.
  • 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 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

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 when Brass Monkey issues a written acceptance.

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 Force Majeure.

4.3 If delivery fails due to Customer issues, redelivery fees may apply.

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 5.5.

5. Payment Terms

5.1 Standard Payment Terms

5.1.1 Unless an Instalment Plan is agreed in writing, the Customer shall pay a deposit at Order and the remaining balance prior to delivery.

5.2 Instalment Plan (Optional)

5.2.1 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.

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

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

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

5.3 Failed or Late Payments

5.3.1 If an Instalment 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 or remote support;
  • (d) accelerate remaining Instalments;
  • (e) recover the Goods as set out in clause 7.

5.4 Customer-Initiated Variations

  • 5.4.1 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.
  • 5.4.2 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.

  • 5.4.3 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.

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

5.5 Failed Delivery or Abortive Visit Charges

  • 5.5.1 If delivery or installation cannot proceed due to Customer-related issues, including but not limited to:
    • incomplete site prerequisites;
    • insufficient access, power, drainage or space;
    • absence of authorised personnel;
    • 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.

  • 5.5.2 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 Charges & Updates

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

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

6. Warranty

6.1 Goods include a 1-year commercial warranty unless extended via ProCare.

6.2 Warranty requires correct installation and adherence to water quality and usage guidelines.

6.3 Warranty does not apply to damage caused by misuse, poor water quality, unauthorised repairs, relocation, or neglect.

6.4 Warranty Suspension: Brass Monkey may suspend warranty or ProCare support while any instalment or balance remains unpaid.

6.5 Payment & Readiness Dependency, 

Warranty and ProCare obligations are conditional upon:

  • (a) all payments being up to date; and

  • (b) the Goods being installed in a compliant, ready site environment.

6.6  International & Out-of-Warranty Services

Out-of-warranty support and overseas servicing are not included unless agreed separately in writing.

Brass Monkey may, at its discretion, offer remote support or on-site service subject to availability. Any such services shall be chargeable, including travel and expenses, in accordance with the Charges Schedule.

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 balances 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.

8.5 Overseas Customers & Returns

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

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

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

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.

10. Termination

10.1 Brass Monkey may terminate if the Customer:

  • (a) fails to pay any deposit, 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. Confidentiality

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

12. Governing Law

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

12.2 The courts of England and Wales have exclusive jurisdiction.

Last updated: 20 January 2025