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Terms and Conditions

1. Definitions

‘Company’means Online Fire Safety Training Limited a company registered in England, No. 6881561 whose registered office is situated at: Lintot House, 20 Fairbank Road, Southwater, West Sussex. RH13 9LA

‘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, e-learning and/or, Fire Safety Management and consultancy 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.

2. General

2.1 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.

2.2 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.

2.3 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

3.1 Each order for Goods and/or Services by You shall be treated as an offer to buy subject to Conditions.

3.2 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

4.1 You shall be responsible for ensuring the accuracy of any order submitted to the Company.

4.2 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.

4.3 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:

5.2 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.

5.3 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.

5.4 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.

6 Quotations

6.1 Any Prices quoted remain valid for thirty days only unless otherwise specifically agreed by the Company in writing.

6.2 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.

7 Payment

7.1 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’).

7.2 No discount or allowance will be made unless otherwise specifically agreed by the Company in writing.

7.3 All payments will be made in pounds sterling or other currency where agreed in writing in advance.

7.4 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.

7.5 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:

7.6 Cancel any other Contract the Company may have made with You;

7.7 Suspend any internet services You may have with the Company;

7.8 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.

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.

9 Liability

9.1 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 £5000.

 

9.2 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.

10 Insolvency of buyer

10.1 This clause applies if:

10.2 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

10.3 an encumbrancer takes possession, or receiver, administrative receiver or receiver manager is appointed, of any of the property or assets of yours; or

10.4 You cease, or threaten to cease, to carry on business; or

10.5 the Company reasonably apprehends that any of the events mentioned above is about to occur in relation to You and notifies You accordingly.

10.6  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.

11 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.

12 General

12.1 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.

12.2 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.

12.3  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.

12.4 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.

12.5 Any reference to the singular relates, where applicable to the plural and visa versa.

12.6 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.

12.7 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.

12.8 All correspondence may be addressed to Online Fire Safety Training Ltd whose registered office is: Lintot House,

20 Fairbank Road,

Southwater,

West Sussex.

RH13 9LA.