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1. Definitions
‘Company’means Online fire safety training limited a company registered in England, No. 6881561 whose registered office is situated at Milestone House, 86 Hurst Road, Horsham, West Sussex. RH12 2DT
‘Customer’means the company, firm, person or organisation by whom or on whose behalf an order form has been signed, or instructions given by any means for work to be done or Goods supplied.
‘Conditions’means the standard terms and conditions of the Company set out in this document and any other terms and conditions agreed in writing by You and the Company.
‘Contract’means the Contract for the sale and purchase of Goods and/or Services with You.
‘Goods’means the Goods which the Company is to supply in accordance with these Conditions.
‘Work’means any work to be done by the Company whether by way of inspection, servicing, repairs or otherwise.
‘Services’means the provision of training and/or, Fire Safety Management by the Company with these Conditions.
‘You’means the customer who places an order with the Company and whose order is accepted by the Company.
‘Servicing of equipment’means the inspection and servicing of portable fire fighting equipment in accordance with the current British Standards.
‘Service Agreement’means an instruction given by any means by You for the company to regularly undertake the servicing of the Customer’s Site(s).
‘Servicing of a Site’means the servicing of the equipment at that site and supply at additional cost of any portable fire fighting equipment that may be required at that site to ensure compliance with the current British Standard and any other Legislation as may be applicable.
2. General
Except as otherwise agreed in writing no other terms and conditions shall apply to any quotation, order or Contract between us. Any variation to these Conditions must be in writing and signed by a person duly authorised by the parties.
We only inspect, service, sell and/or supply fire safety equipment and Services on these conditions. These conditions apply to this, and any future dealings and, in the case of conflict shall override any terms and conditions imposed by you and which can only be varied by writing signed by our Managing Director.
The Company’s agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by the Company in writing. In entering into the Contract You acknowledge that You do not rely upon any such representations which are not so confirmed.
3. Orders
Each order for Goods and/or Services by You shall be treated as an offer to buy subject to Conditions.
No order placed by You shall be binding on the Company until acceptance is confirmed in writing by us. The Company is under no obligation to accept any particular order or any orders at all.
4. Goods and Services
You shall be responsible for ensuring the accuracy of any order submitted to the Company.
The description and specification of the Goods and/or Services shall be by reference to the description and specification in the Company’s current literature.
Minor variations to the specification of the Goods and/or Services which, in the Company’s reasonable opinion, do not adversely affect the quality of the Goods and/or the provision of the Services for the purpose for which they are supplied, will not constitute a breach of Contract by the Company or impose any liability on the Company.
5. Prices
5.1. The following apply to all prices whether quoted or forming part of a contract:
5.1.1. All prices are exclusive of delivery charges and VAT (except where expressly stated), any other duty, tax tariff or charge arising in the UK or elsewhere.
5.1.2. The price of the Work, Goods and/or Service (‘’Price’’) shall be set out in the Contract, or where no Price is stated, in the Company’s list price at the date of acceptance of your order shall apply. Any given price or rate is available from the Company on request by the Customer.
5.1.3. The Company reserves the right to vary the price of Work and/or Goods and/or Services to take account of any variation in the cost of living (as defined by the cost of living index), materials, labour, transport, duties, taxes, exchange rates or any costs of whatsoever nature between the date of any contract and corresponding date of delivery or completion of payment.
5.2. Service Fee
5.2.1. Service Fees do not include any additional costs that may be incurred during a service not included in your Service Agreement or Contract.
5.2.2. The Service Fee for any given site and equipment on that site is subject to change in accordance with changes to that site or its equipment.
5.2.3. Where a service agreement exists, the Company shall have the right to raise the amount of the service fee in accordance with clause 5.1.3.
5.3. Quotations
5.3.1. Any Prices quoted remain valid for thirty days only unless otherwise specifically agreed by the Company in writing.
5.3.2. Our quotations are without commitment and an Order is not binding on us unless (expressly or impliedly) we accept it and any action by us pursuant to the order shall be taken as our acceptance of it on these conditions.
6. Payment
6.1. For all Training Services:
6.1.1. 50% of the total Price is required as a deposit at the time of placing an order, the balance is to be paid 14 days prior to the commencement of any Services.
6.2. For all Goods and Services other than Training:
6.2.1. Unless specifically agreed otherwise by the Company in writing, our terms of payment are that each invoice is payable within 14 days of receipt of invoice (‘the Due Date’).
6.3. No discount or allowance will be made unless otherwise specifically agreed by the Company in writing.
6.4. All payments will be made in pounds sterling or other currency where agreed in writing in advance.
6.5. Where agreed in writing in advance payment can be made within 30 days of the Company’s invoice. In these circumstances the time of payment of the Price shall be of the essence of the Contract. The Company shall invoice You for the Price of the Goods and/or Services on or at any time after your order has been accepted for the Goods and/or Services.
6.6. If You fail to make payment on or before the Due Date, then without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
6.6.1. Cancel any other Contract the Company may have made with You;
6.6.2. Suspend any internet services You may have with the Company;
6.6.3. Apply interest to the outstanding amount from time to time at a rate of 4% per annum above the base rate as varied of The Royal Bank of Scotland plc accruing daily from the date payment fell due down to the date of actual payment (both dates inclusive). All costs and expenses incurred by the Company to recover any unpaid sums will be due from You.
7. Delivery of Goods
The Goods You order will be delivered to the address you give when you place your order. Delivery shall take place and risk of damage or loss to the Goods shall pass to You at the time of delivery or if You wrongfully fail to take delivery of the Goods at the time when the Company tenders delivery of the Goods. The Company has no responsibility for insuring the Goods after delivery.
Every effort will be made to deliver the Goods as soon as possible after Your order has been accepted and in any event within 30 days of Your order. However, the Company will not be liable for any loss, cost, damage, charges or expense caused directly or indirectly by any unavoidable delay in the delivery of the Goods.
If You fail to take delivery of the Goods, without prejudice to any other or remedy the Company has, the Company may store the Goods and charge You all reasonable costs incurred in so doing including the full cost of related insurance.
Any delivery which does not contain the correct quantity of Goods ordered, which is misdelivered or damaged in transit must be notified to the Company in writing within five (5) working days of the date of delivery. The Company will endeavor to rectify the order as soon as possible.
8. Cancellation of Training Services
8.1. This clause will apply if You are an individual buying Goods as part of a business or trade.
8.2. If You cancel the Services a cancellation charge may be payable.
8.3. Cancellation charges will be calculated as a percentage of the Price as follows:
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Date of Cancellation
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Percentage Payable
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From the date of the Contract to 28 calendar days prior to the date of provision of the Services.
27-15 calendar days prior to the date of provision of the Services.
14 calendar days to the date of the provision of the Services.
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0%
50%
100%
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8.4. Once you have received confirmation of your place on the training course you will be liable for the whole fee unless we receive written notification of cancellation.
8.5. No refund will be made for bookings cancelled less than two weeks before the event, except in exceptional circumstances and then only at the discretion of the Training Manager. However, we will consider transferring the course fee to another course, less an administration fee of 20 per cent.
8.6. No refund will be made for non-attendance on the course.
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9. Cancellation of Training Services by Online fire safety training Ltd
9.1. In the event of cancellation of a training event by Online fire safety training Ltd, we will endeavour to inform all participants two weeks before the course is due to take place, although please be aware that this is not always possible. All course fees paid will be reimbursed in full, but we are unable to reimburse any other costs that may have been incurred, including flights, accommodation etc.
9.2. Online fire safety training Ltd undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances Online fire safety training Ltd will endeavour to re run the course on a mutually agreeable basis.
9.3. Online fire safety training Ltd reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by Online fire safety training Ltd alternative dates will be proposed or a full refund of monies paid will be made to the customer.
9.4. Online fire safety training Ltd takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
9.5. If a Training class is cancelled by Online fire safety training Ltd due to circumstances beyond its reasonable control (e.g. weather, natural disaster), the Customer is entitled to a credit note which must be used within 3 months of the date of the original course for another course offered by Online fire safety training Ltd.
9.6. Online fire safety training Ltd shall not be responsible for any other loss incurred by the Customer as a result of a cancellation or reschedule.
10.Warranty
10.1. The Company warrants that (subject to other provisions of these Conditions):-
10.1.1. the Services will be provided using reasonable care and skill and in accordance with any description of the Services on the dates and times set out in the Company’s current literature;
10.1.2. the Goods will correspond with any specification at the time of delivery and will for the period of 90 days from the date of delivery be of quality and free from defects in material and workmanship.
10.2. The Company shall not be liable for a breach of warranty in relation to the Goods unless You notify the Company in writing of any defects within five (5) days of:
10.2.1. the date of delivery in respect of any defect which would be apparent to You on reasonable inspection; or
10.2.2. the date when You knew or ought reasonably to have known of the defect, where the defect would not be apparent to You on reasonable inspection.
10.3. Goods claimed to be defective must be notified to the Company in writing, by telephone or by e-mail and the Company’s option made available for inspection by or returned at your cost with details of the alleged defect to the Company immediately. The Company shall refund any delivery costs paid by You for the return of the Goods if in the Company’s sole opinion the Goods prove to be defective.
10.4. The Company shall not be liable for breach of the warranty if:
10.4.1. any defects arises from improper maintenance, installation or modification, fair wear and tear, willful damage, negligence, misuse, alteration or repair of the Goods or failure to follow the Company’s instructions;
10.4.2. the Price has not been paid by the Due Date for payment pursuant to clause 5; or
10.4.3. the Goods are not made available for inspection or returned to the Company at the Company’s request.
10.5. The Company’s liability shall be limited to:
10.5.1. the replacement of the Goods; or
10.5.2. at the Company’s option, refund of the Price.
10.6. The Company shall have no further liability to You. If the Company complies with this Condition it shall have no further liability to You for breach of the warranty in respect of the quality of the Goods.
10.7. Nothing in this clause shall affect Your statutory rights if You are an individual buying the Goods as a consumer and not as part of a business or trade.
11.Liability
11.1. Except in the case of death or personal injury caused by the Company’s negligence, the Company’s liability under or in connection with this Agreement, whether arising in contract, tort, negligence, breach of statutory duty or otherwise, shall not exceed the sum or £1,000,000.
11.2. The Company shall not be liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profit, business or goodwill.
12.Ownership of Goods
12.1. Whether or not risk in the Goods has passed to You, ownership of the Goods shall not pass to You until the Company has received in cash or cleared funds payment in full of the Price and the price of all other Goods the Company has sold to You for which payment is due.
12.2. Until such time as the property in the Goods passes to You, You shall hold the Goods as the Company’s fiduciary agent and bailee, and shall keep the Goods separate from your property and that property belonging to third parties and property stored, protected and insured and identified as the Company’s property, but You shall be entitled to resell or use the Goods in the ordinary course of your business.
12.3. Until such time as the property in the Goods passes to You (and provided the Goods are still in existence and have not been resold), the Company shall be entitled at any time to require You to return the Goods to the Company and, if You fail to do so forthwith, to enter upon any of your premises or any third party where the Goods are stored and repossess the Goods.
13.Insolvency of buyer
13.1. This clause applies if:
13.1.1. You make any voluntary arrangement with your creditors or (being an individual or firm) become bankrupt or (being a company) become subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction); or
13.1.2. an encumbrancer takes possession, or receiver, administrative receiver or receiver manager is appointed, of any of the property or assets of yours; or
13.1.3. You cease, or threaten to cease, to carry on business; or
13.1.4. the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to You and notifies You accordingly.
13.2. If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to You, and if the Goods have been delivered but not paid for the Price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
14.Data Protection Notices
The Company will use your information for fulfilling your order and/or processing your order and administration. By providing the Company with your email address, telephone or fax number You consent to being contacted by these means for these purposes. The Company may disclose your information to its agents and service providers for these purposes.
15.General
15.1. The Company shall not be liable to You by reason of any delay or hindrance caused by circumstances outside of the Company’s control including but not limited to industrial dispute, fire, weather, shortages of materials and failure on the part of the Company’s suppliers.
15.2. Any typographical, clerical or other error or omission shown on the Company’s website or in any sales literature, price list, acceptance of offer, advice or other document of information issued by the Company to You shall be subject to correction without any liability on the part of the Company. References to any statute shall be taken to mean that statue or any re-enactment, modification or amendment of the same in force from time to time.
15.3. Notwithstanding any other provision of this Agreement noting in this Agreement shall confer nor is it intended to confer a benefit on any third party for the purposes of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
15.4. These Conditions shall be governed by and construed in accordance with the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
15.5. Any reference to the singular relates, where applicable to the plural and visa versa.
15.6. We may from time to time, send you information regarding our products and services that we feel may be of interest to you. You may request in writing that we do not send such information at the details given below.
15.7. By purchasing one of our produces and/or services you Agree to allow Us to use your company details on our website and in marketing literature.
15.8. All correspondence may be addressed to Online fire safety training Ltd whose registered office is Milestone House, 86 Hurst Road, Horsham, West Sussex. RH12 2DT.
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