Terms & Conditions of Sale
In these Terms and Conditions the following expressions are to be understood as defined below:
(a) 'the Company' shall mean, Business Skills Stourbridge
(b) 'the Buyer' shall mean the person, firm, company or organisation with whom the contract to sell the goods is made by the Company;
(c) 'the Products' shall mean the articles, things or products or any of them described in the Contract for the sale or supply of goods between the Company and the Buyer.
These conditions shall form the basis of the contract between the Company and the Buyer. Notwithstanding anything to the contrary in the Buyer's standard conditions of purchase, these conditions shall apply except so far as expressly agreed in writing by the head office of the Company. No servant or agent of the Company has power to vary these conditions orally, or to make representations or promises about the condition of the goods, their fitness for any purpose, or any other matter whatsoever.
3. ACCEPTANCE OF ORDERS
Orders are accepted subject to the following terms and conditions which are deemed to be incorporated in all contracts of the Company to sell goods and on the understanding that the Buyer agrees to waive those of his conditions which conflict with, or are in addition to, these general terms of sale. No other conditions shall apply unless agreed in writing by the Company.
Prices are shown in the written confirmation given by the Company to the Buyer for each proposed purchase of Courses by the Buyer but are subject to cost variations as described in Clause 5 below.
5. COST VARIATION
Quotations and estimates issued by the Company are, unless otherwise stated, based on the cost of materials at the time that the quotation or estimate is given and are subject to amendment on or after acceptance of order and up to the time of despatch of the products to the Buyer should there by any unforeseen change in the market cost of the materials due to strikes, force majeure happenings or to acts of governmental authorities.
Payment is to be made in accordance with the instructions contained in the written confirmation sent by the Company to the Buyer for each proposed purchase of Products by the Buyer. Acceptance of Terms and Conditiond for payments taken by the Company on behalf of the Buyer will be via return email.
7. PAYMENT VIA INVOICE
Requests to pay via invoice through wwww.bskills.org can be made through your Business Development Advisor. Once agreed and registered a Purchase Order number must be supplied and terms and conditions accepted via return email. Payment terms via invoicing are strictly 30 days or prior to the course commencing, whichever is sooner.
8. TIME OF DELIVERY
Any delivery time referred to in any quotation or acceptance by the Company shall be deemed to commence from the date of receipt by the Company of an official order signed by the Buyer and accepted in writing by the Company and with the production of all necessary information in writing to fulfil the order.
The Company undertakes to use its best endeavours to despatch the goods on the promised delivery date, but does not guarantee to do so.
Time of delivery shall not be of the essence of the contract unless expressly stipulated in writing. If delivery is delayed by strikes, lockouts, fire, accidents, defective materials, delays in receipt of bought-in components or any other cause beyond the reasonable control of the Company, a reasonable extension of time for delivery shall be granted by the Buyer and the Buyer shall pay such reasonable extra charges as shall have resulted from the delay.
We reserve the right to cancel or change any course at any time without prior notice and for whatever reason. In such circumstances, all monies will be refunded unless an alternative date can be agreed.
Payment should be received prior to course start date. When a cancellation is made more than ten days before a course commences, the fee will be refunded subject to a 20% reduction to cover administration costs. When a cancellation is made less than ten working days before the course commences, course fees are not normally refunded.
10. FRUSTRATED OR DELAYED DELIVERY
Whilst every endeavour will be made to adhere to quoted delivery times, the Company cannot accept liability for any losses incurred by the Buyer that result from delay. Delays shall not entitle the Buyer to cancel the order nor to claim for loss of trade, or profits, or damages against the Company. The Company reserves the right to make partial deliveries. In case of delays caused by circumstances beyond its control, including force majeure happenings such as fires, floods, earthquakes, wars, strikes, riots, civil commotions, epidemics and unpredictable natural events beyond the control of the Company or acts of governmental authorities, including supra-national governmental bodies, the Company retains the right to either suspend deliveries or to cancel the contract without liability.
11. VARIATION OR SUSPENSION OF WORK
In the event of any change of an order by the Buyer, or variation or suspension of work being carried out for the Buyer, by the Buyer?s instructions or lack of instructions, any price quoted by the Company may be adjusted accordingly. In the event of the order being cancelled after the work has commenced, the Buyer shall be liable to pay the Company for all expenses and costs incurred in addition to loss of profit incurred as a result.
12. DEFAULT OR INSOLVENCY OF BUYER
If the Buyer should fail to accept the Products or any instalment thereof or shall fail to pay any sum due to the Company at the proper time, or if the Buyer shall commit any act of bankruptcy or if any bankruptcy petition be presented against him, or, if the Buyer is a company, a petition to wind up such a company shall be passed or prescribed or if a receiver of the whole or any part of such company's assets shall be appointed, the Company may determine to cancel, wholly or in part, any or every contract between the Company and the Buyer or may, by notice in writing suspend further of Products until any faults by the Buyer be rectified.
13. PASSING OF TITLE AND RISK
From the time the Company delivers the Products in accordance with the terms of trade quoted, the Products shall be at the risk of the Buyer who shall be solely responsible for their custody and maintenance as if he were the owner but the Products shall remain in the ownership of the Company until payment thereof has been made in full and unconditionally. Whilst the ownership of the Company continues, the Buyer shall keep the Products separate and identifiable from all other goods in his possession. In the event of any resale of the Products by the Buyer, the proceeds of the sale shall be held in trust for the Company by the Buyer who will stand in strict fiduciary capacity in respect thereof. In the event of failure to pay the price in accordance with the contractual obligations, the Company shall have the power to remove the Products and resell them.
14. SPECIFICATIONS / DESCRIPTIONS
All products delivered will generally be to the specification and descriptions furnished by the Company except where the Products are produced solely in accordance with the Buyer's specifications. The Company reserves the right, between the acceptance and delivery stages of any order, to make changes that are designed to improve the quality or performance of the Products.
15. LIMITATION OF LIABILITY
The Company shall not, in any circumstances, be liable for injuries, losses, expenses or damage, direct or indirect or consequential, sustained by the Buyer or any person, which may in any way be attributable to the adoption, either by the Buyer or by any third party, of technical or other information, data or advise, given by or on behalf of the Company, or however otherwise caused in relation to the use of the Products if it is not in accordance with the specified application on the Product(s) as defined by the Company.
16. WAIVER CLAUSE
Any failure by the Company to enforce any or all of these conditions, shall not be construed as a waiver of any of the Company's Rights hereunder.
Headings contained in these Standard Terms and Conditions are for reference purposes only and shall not be incorporated into the Standard Terms and Conditions themselves or the Contract of Sale between the Company and the Buyer.
18. LAW OF CONTRACTS OF SALE
All contracts of sale shall, in all respects, be construed as English contracts made in conformity with English law and both parties shall submit to the jurisdiction of the English Courts.
United Kingdom Contracts
Any dispute or difference arising out of or in connection with this contract shall be settled amiably between the parties. Failing agreement within fourteen (14) days, the parties shall agree to arbitration by a single arbitrator to be appointed by the President or Vice-President of the Chartered Institute of Arbitrators or by Alternative Dispute Resolution (mediation) with a mediator appointed by CEDR, London (Centre for Effective Dispute Resolution).
EU and International Contracts
Any dispute or difference arising out of or in connection with this contract shall be settled amicably by the parties. Failing agreement within fourteen (14) days, disputes shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce and Industry by one or more arbitrators appointed in accordance with the said Rules or, where facilities exist, by Alternative Dispute Resolution (mediation) at a place which is mutually agreeable to both parties.