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First
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First on Scene Training Limited - Terms and Conditions 1.
These terms and conditions are between First On Scene Training
Limited ("FOST") and the Customer. They replace any previous terms and
conditions of FOST and are the complete and only terms and conditions
between the parties. All dealings between FOST and the Customer shall be
governed by these terms and conditions which shall prevail over any
others. First On Scene Training Supplies is a trading name of First On
Scene Training Limited. 2.
These terms and conditions and any contract formed pursuant to them
may be varied provided any variation is confirmed in writing by an
authorised representative of FOST. 3.
A binding contract will be formed when FOST accept a Customer's
order for goods or services (the "Contract").
An invoice will be dispatched prior to delivery of the goods or
performance of the services and shall be payable within 30 days (subject
to paragraph 5). 4.
A copy of these terms and conditions will be dispatched with
advertising literature, with any goods, with invoices and, in the case of
the provision of a training course, with the booking confirmation letter
sent by FOST. If the Customer has not had prior sight of them and
reasonably objects to any of these terms and conditions, the Customer
shall be entitled to notify such objection to FOST within 7 days of first
sight (failing which these terms and conditions will be deemed to have
been accepted) and, provided a solution to the objection cannot be reached
between the parties, cancel the Contract without penalty after 7 days of
such notification. Any goods which have been delivered but not paid for
prior to cancellation of the Contract in this way may be recovered by FOST
in accordance with paragraph 11. 5.
In the case of the provision of a training course by FOST, payment
must be made in full prior to the commencement of the course. Certificates
to prove completion of the course may be withheld by FOST until payment is
made. No refund shall be given should a delegate fail any course provided
by FOST and FOST make no guarantee as to a delegate successfully passing
any course. 6.
If the Customer notifies FOST in writing of an intention to cancel
any course booking (provided the full course fee has been paid) more than
2 weeks prior to the commencement date a full refund shall be given,
within 1-2 weeks of the commencement date a refund of 45% shall be given
and less than 1 week prior to the commencement date no refund shall be
given. No refund shall be given if a delegate does not attend and the full
course fee shall remain payable. 7.
Unless specified, Value Added Tax will not be included in any price
and will be charged at the rate in force at the time of quotation. 8.
Interest on overdue invoices may be charged (at the discretion of
FOST) at 3% above the base rate of NatWest Bank Plc until the date of
payment and the Customer agrees to pay any reasonable expenses incurred by
FOST in pursuing any outstanding debt or debts due from the Customer.
Where relevant interest shall be charged pursuant to the Late Payment of
Commercial Debts (Interest) Act 1998. 9.
In some cases a credit account may be considered. Government
agencies will be pre-approved for credit. Other organisations may request
a credit application form and the establishment of a credit account is
entirely at the discretion of FOST. 10.
Proofs of work for personalised goods may be submitted for the
Customer’s approval and FOST shall incur no liability for any errors not
corrected by the Customer in proofs so submitted. The Customer shall
notify FOST in writing within 7 days stating whether or not the proofs are
acceptable. If the Customer does not notify FOST within this period, the
proofs will be deemed to have been accepted. 11.
Title to the goods shall pass when payment is made in full. For the
purposes of this clause only, time is of the essence. Until payment is
made in full (or if the Contract is cancelled in accordance with clause 4)
the Customer shall allow FOST or its agents to enter its premises without
notice at any time (within reasonable office hours) to inspect any goods
which have not been paid for in full and remove them. The Customer shall
not sell, give, pledge, lend, charge or otherwise dispose of the goods
before title has passed without the written agreement of FOST. 12.
Risk of loss shall pass on delivery and all delivery times are
estimates only. 13.
It is the Customer's responsibility to inspect the goods on
delivery. Any visible defects in the goods must be notified to FOST within
7 days of delivery following which FOST shall repair or replace such goods
free of charge. After this time any goods with visible defects may be
replaced at the Customer's expense. 14.
FOST shall not be liable to the Customer by any failure to perform
FOST's obligations under the Contract if the failure is due to any cause
beyond FOST's reasonable control. FOST shall not be liable for any loss
suffered by the Customer (except in respect of death or personal injury
caused by FOST's negligence) including loss of profits arising out of
performance of the Contract by FOST (or its servants or agents). 15.
FOST reserve the right to cancel and/or amend course dates, times,
contents and venues. Every effort will be made to give the Customer as
much notice as possible and offer a reasonable alternative. If these are
not satisfactory, FOST shall refund in full the price of the course. No
further compensation will be given. 16.
FOST reserve the right to remove or amend any part of its
publications without prior notice or consultation. Whilst every effort has
been made to ensure the accuracy of the information contained in the
publications, FOST shall not be liable for any inaccuracies or for any
subsequent mistreatment of any person or property, however caused. 17.
The Customer shall indemnify FOST for any loss or expenses caused
as a result of providing inaccurate information to FOST, mistakes
contained within the Customer's order, changes to the Contract requested
by the Customer, the cancellation of the Contract (otherwise than in
accordance with paragraph 4) by the Customer or breach of the Contract by
the Customer (subject to FOST using all reasonable endeavours to minimise
such loss). 18.
The Customer shall not be entitled to set-off or deduct any amount
from any invoice unless otherwise agreed by FOST. 19.
If the Customer becomes bankrupt or enters into liquidation,
administration or administrative receivership or has a receiver of any of
its assets appointed (or ceases or threatens to cease carrying on
business) FOST shall be entitled to cancel any outstanding Contract(s)
and/or suspend further deliveries or services without liability to the
Customer and any sums outstanding shall become immediately due. 20.
Any dispute which cannot be resolved between the parties should be
referred to the decision of a sole arbitrator to be agreed between the
parties or, in default of agreement, appointed at the request of either
party by the President of the Chartered Institute of Arbitrators.
Arbitration shall take place in accordance with the Arbitration Act 1996. 21.
Any written notice given under these terms and conditions shall be
served either by registered post or by facsimile to the relevant party's
registered/principal office or last known address. 22. These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. In the event that one or more clauses of these terms and conditions becomes invalid, illegal or unenforceable, the enforceability of the remaining provisions shall not be affected. First
On Scene Training Limited is a company registered in England and Wales
with number 4001868. |
