Terms & Conditions ECS Gas Training North East Ltd Formation of
Contract
The
contract between ECS Gas Training North East Ltd and the Client comprises the
Confirmation of Order ('Order'). What constitutes an order is the Confirmation e-mail sent after deposit payment has been received, a specific instruction by the Client requesting an order, or a Booking Form signed by the Client. Any other terms proposed by the Client are excluded. This order, agreement and deposit payment will form the basis of a legally binding contract between the Client and ECS Gas Training North East Ltd.
Price, Payment,
Variations and Cancellation Policy
All
Services can be paid for in full upon booking the course (unless otherwise
agreed between both parties in writing or Email). Email is an acceptable form of
agreement). Deposit payments are non refundable. 2nd Payment is due on the date specified by the agreement (normally 7 days prior to start) that has been made in writing or by Email. If the client fails to make payment within the
time specified ECS Gas Training North East Ltd shall be entitled to suspend the
execution of the contract and the course without prejudice to any other
available to ECS Gas Training North East Ltd and/or treat the contract as
terminated and be paid the amount of any loss or expense suffered by ECS Gas
Training North East Ltd caused by such suspension or termination including without
limitation loss of profits. Where the Services include supply of training
materials or additional tutors, ECS Gas Training North East Ltd may vary the agreed
price to take account of any increased costs.
If ECS
Gas Training North East Ltd accepts a request to vary the services, the price and
times in the order will be adjusted by ECS Gas Training North East Ltd as
appropriate and the changes notified to the client in writing or by Email. ECS Gas Training North East Ltd may decline to carry out any requested variation. ECS Gas Training North East Ltd reserves
the right to charge interest on any overdue payment in accordance with the Late
Payment of Commercial Debts (Interest) Act. ECS Gas Training North East Ltd will
allow (one deferral) full transfer of course date, to that of another date providing the Client has given at least 7 days notice prior to start date.* A second deferral is not allowed, and the client will forfeit any deposit that has been paid and ECS reserves the right to pursue any other cost incurred, including the remainder of the Contract/Agreement.
ECS Gas Training North East Ltd will charge a cancellation fee of 50% (of the total cost)* if cancelled on the course start date. Clients will only be allowed to defer course dates once per deposit transaction. If
the client removes him/herself from the course for any reason then no refund will
be given. In the event of no show on the course start date or during the course
the client will forfeit any rights to a refund. ECS Gas Training North East Ltd reserves
the right to charge administration fees to all cancelled courses for any losses incurred.
Duration
Dates for
commencement and completion of the services given by ECS Gas Training North
East Ltd are given in good faith but, unless the word 'guarantee' is stated in the order, dates are not
guaranteed, and ECS Gas Training North East will not be liable for any delay in
commencement or completion of the services.
Should ECS Gas Training North East Ltd cancel or defer the course then the Client shall be entitled to a full deposit refund if less than 7 days notice given.
Warranty and
Liability
ECS Gas
Training North East Ltd will exercise reasonable skill and care in the supply of
the services.
Any
defect to training materials must be notified promptly and in any event within
7 days of the client becoming aware of the defect. When ECS Gas Training North
East Ltd accepts that the defect is ECS Gas Training North East Ltd's responsibility,
ECS Gas Training North East Ltd will have the option to remedy the defective
material (when this is feasible). Under no circumstances will ECS Gas Training North
East Ltd's liability to the client exceed a sum equal to the total price payable
for the relevant item nor will it extend to any loss of business or profit or
any indirect loss incurred by the client.
Force Majeure
ECS Gas
Training North East Ltd will not have any liability to the client if prevented from
performing the contract on account of force majeure which includes, but is not
limited to severe weather conditions, war, terrorism, strikes or difficulty in
obtaining materials and labour. In any of these circumstances, ECS Gas Training
North East Ltd reserves the right to cancel or suspend the services.
Intellectual Property
All
designs and other intellectual property rights in services are and will remain
the sole property of ECS Gas Training North East Ltd. Under no circumstances will
the client copy or make use of any of ECS Gas Training North East Ltd's intellectual property rights.
Client Default
If the
client (a) commits a breach of contract, or (b) fails to make a payment on the
due date, or (c) becomes insolvent or has a receiver or liquidator appointed
then, in any such case, ECS Gas Training North East Ltd shall be entitled to end
the contract and recover all ECS Gas Training North East Ltd's costs and losses, including loss of profit up to the termination date.
Law and
Disputes
The contract between Supplier and Client is governed by
English law. Any dispute which cannot be settled amicably will be referred to
mediation at the request of either party. CEDR (the Centre for Effective
Dispute Resolution) will arrange the mediation. Any dispute that is not settled
will be resolved in the English courts.
* Does not apply to New Entrant's Gas Courses where these dates cannot be changed unless 14 days notice is given. These courses are subject to a 100% cancellation fee
