A&S Safety Ltd Terms and conditions.
Terms & Conditions
Please contact us on 07966 307 155 if you have any queries regarding our terms & conditions.
A&S Safety Limited is registered in the United Kingdom no: 04887465
In these conditions:
- “the Conditions” means these terms and conditions of business
- “the Company” means A&S Safety Limited
- “the Customer” means any person firm or company which accepts a quotation, written, verbal or electronic of the Company for the sale of the services or whose order for the Services is accepted by the Company
- “the Recipient” means any person firm or company which the Customer requests and the Company agrees the Goods or services to be delivered to
- “the Services” means any Services, Supply of Products or Components of any kind which the Company is to supply in accordance with the Conditions
- “the Goods” means the goods which are the subject of the Contract upon which the Company is rendering the Services.
- “the Contract” means any contract for the sale of the services by the Company to the Customer
- “the Company’s Premises” means the location at which the Company designates
- “Force Majeure” means any circumstances beyond the reasonable control of the Company (including, without limitation, any strike lock-out or other form of industrial action)
2. QUOTATIONS AND TENDERS
Quotations and tenders by the Company are valid for a period of 30 days from the date of the quotation or tender unless otherwise stated or agreed by the Company in writing. All quotations and tenders are given by the Company on the condition that they do not constitute an offer of contract.
3. CONTRACTUAL TERMS
- The Contract is, unless otherwise expressly agreed in writing by the Company, subject to the Conditions, which take precedence over any terms and conditions of the Customer. The Company shall not be bound by any variation waiver of or addition to the Conditions unless confirmed by it in writing
- The Company shall not be bound by any oral warranty or representation given or made or purported to be given or made on its behalf unless it is confirmed in writing by it
- The cost of the Service is Ex-works unless agreed in writing
- Prices exclude Value Added Tax and all other taxes or duties whatsoever which shall if applicable by payable by the Customer at the rate applicable from time to time
- The Company shall have the right to increase its prices to the Customer to account for any alterations to the Services requested by the Customer after the date of the Contract
- The Company shall have the right to increase its prices to the Customer to account for increases in the Company’s cost Insurance is not included unless requested in writing by the Customer
5 PAYMENT CONDITIONS
Unless otherwise agreed all invoices are payable in full, without discount of any kind in pounds sterling within 30 days of the date of the invoice. In no circumstances whatsoever shall the Customer be entitled to make any deduction or claim any set-off or withhold payment on any invoices for any reason at all.
No reports, inspections, audits, certificates, plans, procedures, presentations or other documents shall be released to the client until full payment for the service engaged has been made to A&S Safety ltd and that the payment has been deposited and cleared in its bank account
Without prejudice to any other right or remedy that the company may have, if the customer fails to pay the company on the due date, the company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.
Interest shall be charged on outstanding balances at the rate of 8.0% over base rate of the Bank of England from time to time in accordance with the Late Payment of Debts Act. The Customer shall not be entitled to withhold or set-off payment for goods delivered or work done for any reason whatsoever.
Also in accordance with the Late Payment of Debts Act, the company is entitled to claim compensation from a customer when a debt remains unpaid after the date specified on the contract, or in the absence of a contract, 30 days after the delivery of the goods or completion or development of service.
- An unpaid debt of up to £999.99 will incur a compensation entitlement of £40
- An unpaid debt of £1,000.00 to £9,999.99 will incur a compensation entitlement of £70
- An unpaid debt of £10,000.00 or more will incur a compensation entitlement of £100
The Company shall have the right (without affecting any other claim right or remedy against the Customer) by notice in writing to the Customer to terminate with immediate effect the Contract if:
- any sum owing by the Customer to the Company is overdue under the Contract
- the Customer is in breach of any term of the Contract
- the provisions of Clause 8(b) apply
7 FORCE MAJEURE
The Company shall not be deemed to be in breach of any agreement incorporating the Conditions or otherwise be liable to the Customer by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such a delay on non-performance is due to any Force Majeure of which the Company has notified the Customer, and the time for performance of that obligation shall be extended accordingly.
- For the avoidance of doubt the Company may engage the Services or employ any person firm or company in order to carry out any obligation it may have to the Customer
- If the Customer fails to make any payment or otherwise defaults in any of its obligations under the Contract or any other contract or agreement with the Company or becomes insolvent, has a receiver appointed or is wound up (voluntarily or compulsory), or enters into any composition or arrangement with or for the benefit of its creditors, or the Company bona fida believes that any such event may occur, then the Company may suspend or terminate the supply of the Services and shall be entitled to forfeit any monies already paid
- The Contract and its subject matter are confidential and shall not be disclosed or used for any unauthorised purpose
- The Contract cannot be cancelled without the written agreement of the Company and upon payment by the Customer to the Company of 25% of the total contract price, or such other sum expressly agreed in writing by the Company
- Any notice required or permitted to be given by either party to the other under the Conditions shall be in writing sent by pre-paid registered or recorded delivery post addressed to that other party at its business address or last known business address and shall be deemed to be served on the first working day following that on which the notice was posted
- No waiver by the Company of any breach of Contract by the Customer shall be considered as waiver of any subsequent breach of the same or any other provision
- The Customer shall reimburse the Company any legal or other costs incurred by the Company in enforcing the terms of any contract incorporating the Conditions, such reimbursement to be on a full indemnity basis
- If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby
9 TRAINING COURSES
All course fees are payable in advance on receipt of invoice, unless credit facilities have been agreed. Whilst every attempt will be made to hold fees at the levels advertised, A&S Safety Limited reserves the right to change fees without prior notice.
- Course delegates may be substituted at any time prior to the commencement of training unless this is not permitted by an external awarding body. Such changes should be notified to the course administrator.
- Cancellations will only be accepted when received in writing with these notice terms:
- Courses booked by individuals on an A&S Safety Limited open training course require four weeks or more notice for all fees to be refunded, otherwise payment will be charged in full
- Courses booked for organisations require five weeks or more notice for all fees to be refunded, otherwise payment will be charged in full.
- Where credit terms have been agreed cancellations will only be accepted when received in writing and the following scale shall be applied:
- 5 weeks or more notice of cancelation of the course or delegate from the course = 100% of the fee returned.
- 4 weeks or more notice of cancelation of the course or delegate from the course = 70% of the fee returned
- 3 weeks or more notice of cancelation of the course or delegate from the course = 50% of the fee returned
- 2 weeks or more notice of cancelation of the course or delegate from the course = 20% of the fee returned
- Less than two weeks notice of cancelation of the course or delegate from the course = 0% of the course fee returned
- Consideration will be given, but cannot be guaranteed, to requests for a transfer to another course if the course administrator is notified seven days or more before the course (initially booked) is due to commence.
- A&S Safety limited reserves the right to cancel or postpone any course, change venue, change tutor and in such cases any fees already paid will be refunded in full.
- A&S Safety Limited shall not be liable for any costs of a customer as a result of A&S Safety Limited cancelling any course at any time
10 USE OF OUR WEB SITES
The web sites assafety.com and assafety.co.uk are the property of A&S Safety Limited and the unauthorised copying of material is prohibited. You agree to indemnify and hold harmless A&S Safety Limited and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgements (including legal fees and expenses) arising from or relating to your use of this website.
11 INTELLECTUAL PROPERTY
The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes, training Courses or any other material prepared by the Seller or company whether readable by humans or by machines in respect of the goods or work in development or delivered shall belong to the Seller or company absolutely and they shall not be reproduced or disclosed or used in its original or translated form by the Buyer without the Sellers written consent for any purpose other than that for which they were furnished. Notwithstanding any implied warranty or condition as to title or otherwise in relation to the goods supplied hereunder, the Seller shall not be liable to indemnify the Buyer in respect of any claim made or threatened against the Buyer by a third party whether by legal proceedings or otherwise based on a right claimed under letters, patent, trade-mark, copyright (whether registered as a design or not) or breach of confidence.
12 JURISDICTION/APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales. If any of these terms and conditions should be determined to be illegal or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These terms and conditions are complete and supersede any prior terms and conditions whether written or oral. If these terms and conditions are not accepted in full, you do not have permission to access the contents of this website and should stop using it immediately.