heightec Terms & Conditions include: A) Supply of Good & Services and B) Training Course Bookings.
A. For the Supply of Goods & Services:
|In this document the following words shall have the following meanings:|
|1.1||“Agreement” means these Terms and Conditions together with the terms of any applicable Specification Document;|
|1.2||“Customer” means the organisation or person who purchases goods and services from the Supplier;|
|1.3||“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;|
|1.4||“Specification Document” means a statement of work, quotation or other similar document describing the goods and services to be provided by the Supplier;|
|1.5||“Supplier” means The heightec Group Limited of Lake District Business Park, Kendal, LA9 6NH.|
|2.1||These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Supplier to the Customer.|
|2.2||When so agreed between Supplier and Customer, before the commencement of the services the Supplier shall submit to the Customer a Specification Document which shall specify the goods and services to be supplied and the price payable. The Customer shall notify the Supplier immediately if the Customer does not agree with the contents of the Specification Document. All Specification Documents shall be subject to these Terms and Conditions.|
|2.3||The Supplier shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.|
|3||PRICE AND PAYMENT|
|3.1||The price for the supply of goods and services are set out in price lists issued by the Supplier from time to time. Only price lists which are current and in force may be may be regarded as applying at the time of supply. The Supplier shall invoice the Customer on the date of supply.|
|3.2||Invoiced amounts shall be due and payable within 30 days of issue of invoice. The Supplier shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 3.00% per annum above the base rate of the Bank of England. In the event that the Customer’s procedures require that an invoice be submitted against a purchase order to payment, the Customer shall be responsible for issuing such purchase order before the goods and services are supplied.|
|4||SPECIFICATION OF THE GOODS|
|All goods shall be required only to conform to the specification in the Specification Document. For the avoidance of doubt no description, specification or illustration contained in any product pamphlet or other sales or marketing literature of the Supplier and no representation written or oral, correspondence or statement shall form part of the contract.|
|5.1||Delivery of the Goods shall take place at the address specified by the Customer on the Order. The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.|
|5.2||The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract.|
|5.3||Where Goods are delivered which the Customer believes are not the quantity or kind ordered or which are damaged, the Customer must notify the Supplier by telephone immediately on receipt and confirm this in writing within 7 days of delivery otherwise the Supplier accepts no liability.|
|5.4||Where on investigation the Supplier agrees the incorrect quantity was delivered or the Goods were damaged, the Supplier shall ensure the correct quantity is supplied and the Customer will return any over supply, and/or the Supplier shall replace the damaged Goods with undamaged Goods and this shall be the Customer’s only remedy in such a case. The Customer shall return any damaged Goods to the Supplier at the Customer ‘s expense. Where the Supplier agrees after inspection that the Goods were damaged it shall refund the carriage costs of such return to the Customer, but not otherwise.|
|5.5||All risk in the goods shall pass to the Customer upon delivery.|
|5.6||Product can be returned at the customers cost and at heightec’s discretion, within 21 days of receipt. Returned goods must be unused, still in their original, unopened packaging and fit for resale. Written permission must be requested from heightec prior to any return to heightec of any items. If there is agreement to return to heightec, a re-stocking charge of 15% will apply to any returns and postage/carriage costs will not be refunded. Goods will not be accepted for return after 21 days of receipt by customer. Items specially made at customers request cannot be accepted back for return or credit|
|5.7||Orders from outside of the UK may be liable for customs or excise duty upon receiving the goods according to the customs and excise regulations in that country and any charges are the responsibility of the customer. Contact your local chamber of commerce to ascertain if you may be charged any import tax on your items.
If you fail to pay the charges and the courier we use returns the goods to us, then you will be liable for any associated charges for doing this (the cost of the return and any charges we have incurred to clear the items through your customs).
|Full legal title in the Goods shall not pass to the Customer until the Supplier has received payment in full of all amounts due and owing from the Customer to the Supplier for the time being (including any interest accruing and owing to the Supplier) and from time to time in respect of all such Goods.|
|7.1||To enable the Supplier to perform its obligations under this Agreement the Customer shall:|
|7.1.1||co-operate with the Supplier;|
|7.1.2||provide the Supplier with any information reasonably required by the Supplier;|
|7.1.3||obtain all necessary permissions and consents which may be required before the commencement of the services; and|
|7.1.4||comply with such other requirements as may be set out in the Specification Document or otherwise agreed between the parties.|
|7.2||The Customer shall be liable to compensate the Supplier for any expenses incurred by the Supplier as a result of the Customer’s failure to comply with Clause 7.1.|
|7.3||Without prejudice to any other rights to which the Supplier may be entitled, in the event that the Customer unlawfully terminates or cancels the goods and services agreed to in the Specification Document, the Customer shall be required to pay to the Supplier as agreed damages and not as a penalty the full amount of any third party costs to which the Supplier has committed and in respect of cancellations on less than five working days’ written notice the full amount of the goods and services contracted for as set out in the Specification Document, and the Customer agrees this is a genuine pre-estimate of the Supplier’s losses in such a case. For the avoidance of doubt, the Customer’s failure to comply with any obligations under Clause 7.1 shall be deemed to be a cancellation of the goods and services and subject to the payment of the damages set out in this Clause.|
|7.4||In the event that the Customer or any third party, not being a sub-contractor of the Supplier, shall omit or commit anything which prevents or delays the Supplier from undertaking or complying with any of its obligations under this Agreement, then the Supplier shall notify the Customer as soon as possible and:|
|7.4.1||the Supplier shall have no liability in respect of any delay to the completion of any project;|
|7.4.2||if applicable, the timetable for the project will be modified accordingly;|
|7.4.3||the Supplier shall notify the Customer at the same time if it intends to make any claim for additional costs.|
|8||ALTERATIONS TO THE SPECIFICATION DOCUMENT|
|8.1||The parties may at any time mutually agree upon and execute new Specification Documents, in cases where such documents apply. Any alterations in the scope of goods and/or services to be provided under this Agreement shall be set out in the Specification Document, which shall reflect the changed goods and/or services and price and any other terms agreed between the parties.|
|8.2||The Customer may at any time request alterations to the Specification Document by notice in writing to the Supplier. On receipt of the request for alterations the Supplier shall, within 5 working days or such other period as may be agreed between the parties, advise the Customer by notice in writing of the effect of such alterations, if any, on the price and any other terms already agreed between the parties.|
|8.3||Where the Supplier gives written notice to the Customer agreeing to perform any alterations on terms different to those already agreed between the parties, the Customer shall, within 5 working days of receipt of such notice or such other period as may be agreed between the parties, advise the Supplier by notice in writing whether or not it wishes the alterations to proceed.|
|8.4||Where the Supplier gives written notice to the Customer agreeing to perform alterations on terms different to those already agreed between the parties, and the Customer confirms in writing that it wishes the alterations to proceed on those terms, the Specification Document shall be amended to reflect such alterations and thereafter the Supplier shall perform this Agreement upon the basis of such amended terms.|
|9.1||The Supplier warrants that as from the date of delivery for a period of 12 months the goods and all their component parts, where applicable, are free from any defects in design, workmanship, construction or materials.|
|9.2||The Supplier warrants that the services performed under this Agreement shall be performed using reasonable skill and care, and of a quality conforming to generally accepted industry standards and practices.|
|9.3||Except as expressly stated in this Agreement, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the goods and services to be provided by the Supplier.|
|The Customer shall indemnify the Supplier against all claims, costs and expenses which the Supplier may incur and which arise, directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Supplier alleging that any goods and/or services provided by the Supplier in accordance with the Specification Document infringes a patent, copyright or trade secret or other similar right of a third party.|
|11||LIMITATION OF LIABILITY|
|11.1||Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.|
|11.2||In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.|
|11.3||Nothing in these Terms and Conditions shall exclude or limit the Supplier’s liability for death or personal injury resulting from the Supplier’s negligence or that of its employees, agents or sub-contractors.|
|12.1||Either party may terminate this agreement summarily by notice in writing to the other if:|
|12.1.1||the other party commits any breach of any of the provisions of this agreement and, in the case of a breach capable of remedy, fails to remedy the same within 30 days after receipt of a written notice giving full particulars of the breach and requiring it to be remedied;|
|12.1.2||the other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;|
|12.1.3||the other party ceases to carry on its business or substantially the whole of its business; or|
|12.1.4||the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.|
|12.2||For the purposes of clause 12.1.1, a breach shall be considered capable of remedy if the party in breach can comply with the provision in question in all respects other than as to the time of performance provided that time of performance is not of the essence.|
|13||INTELLECTUAL PROPERTY RIGHTS|
|All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Supplier, and the Customer shall do all that is reasonably necessary to ensure that such rights vest in the Supplier by the execution of appropriate instruments or the making of agreements with third parties.|
|Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.|
|The Supplier and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. The Supplier may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Specification Document.|
|The Customer shall not be entitled to assign its rights or obligations or delegate its duties under this Agreement without the prior written consent of the Supplier.|
|If any provision of this Agreement 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 herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.|
|The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.|
|Any notice to be given by either party to the other for the purposes of this agreement may be served by email, fax, personal service or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if sent by fax shall be deemed to be served on receipt of an error free transmission report, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.|
|This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.|
|21||NO THIRD PARTIES|
|Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.|
|22||GOVERNING LAW AND JURISDICTION|
|This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.|
Issued: 01/01/17 Ref: QDO 7211
B. Training Course Bookings – Terms & Conditions
Bookings are regarded as confirmed only upon receipt of a full payment or a company purchase order. Invoices issued are payable on 30 days. Credit account customer invoices are payable on 30 days.
Booking placed by purchase order or payment are binding. Payment will be required in full for the number of candidates and duration of training specified on the order.
Entry requirements: Candidates will not be accepted onto a course unless they can demonstrate evidence of compliance with the entry requirements for that course. Such evidence will normally take the form of valid certificate of competence. Candidates will be required to sign to confirm that they meet the pre-entry requirements incl. statement of medical fitness prior to the start of the course. If a candidate is unable to meet the pre-entry requirements they may not be able to continue with training without refund.
Late arrival: Courses require candidates to be present for 100% of course content. Late arrivals for any reason may not be able to start at the discretion of the Training Manager.
Provisional held requests: We may provisionally hold a place for an agreed period of time, payment or purchase order will be required by the agreed date. A provisionally held place is not a booking. After the agreed date for receipt of purchase order or payment has passed, the place will be automatically released to other candidates / companies.
Course cancellations fees as follows, includes bad weather travel disruption:
- More than 1 months notice – refunded full amount less administration fee of £60 per person.
- Between 3-4 weeks notice of course date – 70% refund is given.
- Between 2-3 weeks notice of course date – 50% refund is given.
- Less than 2 weeks notice of course date – a refund is not available.
Course postponement fees as follows, includes bad weather travel disruption:
- More than 3 weeks notice – no charge
- Between 2-3 weeks – 20% charge to change a place, unless place can be re-filled.
- Between 1-2 weeks – 50% charge to change a place, unless place can be re-filled
- Less than 1 week – 100% charge to change a place unless the place can be re-filled.
If a candidate does not complete the course then a refund is not available.
Training for work at height may involve physical exertion in conditions of exposure to height. It is essential that all candidates are physically fit and able to carry out the tasks expected of them without risk to themselves or others.
heightec cannot accept bookings for courses involving exposure to height from candidates with medical contra-indications against working at height. A non-exhaustive list of such conditions is given below.
- Heart disease / chest pain
- High blood pressure
- Epilepsy, fits, blackouts
- Fear of heights / vertigo
- Giddiness / difficulty with balance
- Impaired limb function
- Uncorrected visual impairment
- Alcohol or drug dependence
- Psychiatric illness / counselling
- Diabetes – type 2
- Muscular strain (e.g. bad back), dislocation, hernia – or similar musculoskeletal issues.
It is the responsibility of the individual or organisation making the booking to ensure that candidates attending the courses are free of any of the conditions described above or any other medical condition that could impair their ability on the training course to which they have subscribed. If a candidate is found to be unfit at the start or during a training course, they may be withdrawn from the course at the discretion of the trainer.
By submitting a course booking form, the applicant asserts that candidates are physically fit for the intended course. It is unlikely that applicants can be certain of being free of contraindications without a proper examination by a GP.
Where a course has been requested by the customer to run at a location of their choice heightec will not be liable for costs incurred for any delay or disruption which may prevent successful completion of all elements of the training syllabus e.g. bad weather.
In the unlikely event that heightec should require to cancel a course e.g. due to trainer illness, we will offer alternative date options to rearrange the course at the earliest convenience or a refund. However, we will not be able to reimburse for any travel or accommodation bookings or costs incurred by the customer.
In the (rare) case of a candidate failing an IRATA assessment, we will be pleased to offer two days training free of charge, although there will be a charge for the additional assessment.
Issued: 03/11/16 Ref: QDO 7213
The website is operated by:
The heightec Group Limited
Lake District Business Park
Mint Bridge Road
Registered in the UK no. 3435385.
VAT Reg. no. GB 698112804