The following terms and conditions (“the Conditions”) are the terms on which RT Safety Ltd trading as “RT Safety Training” (“the Company”) sells to other businesses and individuals and supersede all other terms and conditions used by the Company.
Orders, Fee and payment
1.1 No contract shall come into existence until the Company confirms the order for Goods or Services in writing, via email or letter.
1.2 The Fee for the Goods or Services (“the Fee”) shall be the quoted Fee of the Company and, unless agreed in writing, payment of the Fee shall be made by the Buyer in advance. Where credit had been agreed in writing, payment of the Fee is required within 30 days of the date (“the Due Date”) of the invoice for the Goods or Services.
1.3 The Company is VAT registered (No.153503142) and the Fee for Goods or Services is subject to VAT at the prevailing rate.
1.4 If the Fee is not paid by the Due Date, interest shall accrue both before and after any court judgment on the unpaid portion of the Fee at the rate of eight per cent above the base rate from time to time of Santander.
1.5 Any cancellation of any order by the Buyer must be in writing, and agreed as cancelled also in writing by the Company. 1.6 Where cancellation is made within 5 working days of the training course, the Buyer is liable for the full cost of the course and no refund will be made. At the Company’s discretion, the Buyer may be offered a place or places on a future training date.
1.7 All Training Courses require a minimum number of candidates and the Company reserves the right to cancel a Course where the minimum number is not achieved.
1.8 The Company shall not be held liable where Courses have to be cancelled or postponed due to circumstances beyond our control.
Goods or Services
The description and quantity of the Goods or Services to be sold (“the Goods or Services”) shall be as set out in the quotation provided by the Company to the Buyer (“the Quotation”).
The Company shall deliver Training Services at the Buyer’s preferred address and on the agreed date. This may include the Company’s premises.
Title and risk
Ownership of Goods or Certificates for training courses shall not pass to the Buyer until the Buyer has made payment of all sums owing to the Company failing which the Company shall have the right to withhold, repossess or otherwise recover the Goods or Certificates.
Limitation of liability
5.1 Save in respect of personal injury or death due to any negligence, the Company shall not be liable to the Buyer in respect of any loss suffered by the Buyer due to any defect in the Goods or Services.
5.2 Without prejudice to Condition 5.1 the Company shall not be liable to the Buyer or any third party for any loss of profit, consequential or other economic loss suffered by the Buyer arising in any way from this Agreement.
Set off and counterclaim
The buyer may not withhold payment of any invoice or other amount due to the Company by reason of any right of set-off or counterclaim which the buyer may have or allege to have or for any reason whatsoever.
The Company shall not be liable for any default due to any circumstance beyond the reasonable control of the Company including, but not limited to, Acts of God, war, civil unrest, riot, strike, lock-out, acts of civil or military authorities, fire, flood, earthquake or shortage of supply.
8.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
8.2 The Company may without the consent of the Buyer sub-licence its rights or obligations or any part of these Conditions.
8.3 The headings in these Conditions are for ease of reference only and shall not affect the interpretation of any of the Conditions.
Notwithstanding any other provision of this agreement, nothing herein shall confer or is intended to confer a benefit on any third party for the purpose of the Contract (Rights of Third Parties) Act 1999 or for any other purpose.
Each of the parties agrees that save in respect of statements made fraudulently it shall have no remedy in respect of any untrue statement upon which it relied in entering this Agreement and that its only remedies shall be for breach of contract.
Governing law and jurisdiction
The laws of England and Wales shall govern this Agreement and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.
If we make a mistake, or you have another reason to complain to us, we will listen and investigate properly. Please contact us as soon as the issue arises, either by calling 01443 841000 or by writing to the Communications Director at RT Safety Training, JR Quarter, Moy Road Industrial Estate, Taffs Well, CF15 7QR.