In these conditions:-
|"Company"||means Logistics Support Analysts Limited (Company Number: 01616853);|
|"Client"||means the company or person whose order for the Courses is received by the Company;|
|"Contract"||means a contract for the provision of the Courses by the Company to the Client subject to the terms and conditions set out herein;|
|"Course"||means a course or courses (where the context requires) provided by the Company under the Contract;|
|"Order"||means an order placed by the Client with the Company for the Courses whether verbally or in writing;|
|"Presenter"||means a person chosen by the Company to provide a Course;|
|"Writing"||means notice in writing given in accordance with clause 10.|
All Courses provided by the Company to the Client will be subject to these terms and conditions (unless specifically excluded in writing by the Company) and these terms and conditions replace all previous agreements and representations between the parties whether written or oral.
The price ("the Price") payable by the Client for the Course will be:
the Company's list price for the Course at the date of the Contract ("Course Fee"); and
if at the time the Order is placed the Client requests that the Company books accommodation, the costs incurred by the Company for booking the accommodation and the cost of the accommodation.
The Company shall issue an invoice for the Price upon receipt of an Order which shall be payable by the Client within 30 days of the date of issue.
Confirmation, joining instructions and a receipted VAT invoice will only be issued to the Client prior to the commencement of the Course subject to compliance with condition 4.1.
Notice of cancellation by the Client must be made in Writing at least 30 days prior to the commencement of the Course and in such circumstances the Company shall reimburse the Course Fees, (save for a £50 administration fee).
If notification of cancellation of a Course by the Client is not in accordance with clause 5.1 (INCLUDING, WITHOUT LIMITATION, WHEN A CLIENT DOES NOT ATTEND A COURSE) no refund will be made by the Company in any circumstances.
The Company warrants to the Client that the Course will be provided using reasonable care and skill.
In the event that the Company cannot provide a Course on the date contained in the Order the Company will have no liability whatsoever for any expense incurred by the Client and the Company shall attempt to provide the Course on an alternative date. If the Company cannot arrange for the Course to take place on an alternative date the Company shall provide the Client with a refund of the Course Fees.
The Company does not warrant:
the accuracy of the content of the Course; or
that the Course has any formal recognised accreditation; or
that delegates who attend the Course will, as a result of their attendance on the Course, have any level of competency whatsoever in the subject matter of the Course that they have attended.
Either party may terminate this Agreement forthwith by giving notice in writing if the other commits any serious breach of the Agreement or commits any minor or persistent breach and (if it is capable of remedy) fails to remedy it within 15 days of being required in writing to do so.
Time for payment shall be of the essence and if the Client fails to comply with clause 4 of the Contract the Company may terminate the Contract forthwith without notice and refuse the Client admission to the Course.
The provisions of condition 11 shall continue to take effect notwithstanding termination of the Contract.
Subject to condition 6, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Client in respect of:
any breach of these conditions; and
any representation, statement or tortious act or omission including negligence arising under or in connection with the Courses provided.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded.
Nothing in these conditions excludes or limits the liability of the Company for death or personal injury caused by the Company's negligence or fraudulent misrepresentation.
Subject to conditions 8.2 and 8.3:
the Company's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the advertised cost of the applicable course; and
the Company shall not be liable to the Client for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of good-will or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
The Company reserves the right to defer the date of the Course or to cancel the Course or change the date of the Course as specified in the Order (without liability to the Client) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, due acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting the Presenter's transport to a course, or the Presenter being unable to attend a Course due to ill health provided that, if the event in question continues for a continuous period in excess of 30 days, the Client shall be entitled to give notice in writing to the Company to terminate the Order and the Course.
Any notice in writing shall be sufficiently given if sent by prepaid recorded delivery or registered post to the address of the Company from time to time, or by facsimile transmission or by electronic mail address (with correct answer back). Such notice in writing shall be deemed to have been received within 72 hours of posting or 24 hours if sent by facsimile transmission or electronic mail.
The Company, the Presenter or other body (whichever is appropriate) will be the sole or joint owner of:
all inventions, formulations, patterns, designs and all other items used in conjunction with the Courses; and
the copyright in all document and drawings made or produced by the Company, the Presenter or other body who the Company uses in conjunction with the Course.
No transfer of Intellectual Property Rights (IPR) from one party to the other is made by the provision of training services. Both parties agree to observe and protect the IPR of: the Client, the Company, the Presenter and other IPR owner(s) of training material.
These terms and conditions:-
are subject to English law and the exclusive jurisdiction of the English Courts.
will not be affected in the event that any word or provision is deemed invalid and deleted therefrom.
The Client will not assign the benefit of the Contract without the prior written consent of the Company
The parties to the Contract do not intend that any of these terms and conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.