Terms & Conditions
ENGINEERING SAFETY CONSULTANTS (ESC) – CONDITIONS OF SALE (TRAINING COURSES)
The provision of Training Courses is offered by ESC against the following standard Terms and Conditions of Sale.
These Conditions of Sale supersede all prior agreements and negotiations between the Parties and constitute the entire agreement between the Parties. The offer, order acknowledgement, order acceptance or sale of any products covered herein is conditional upon the terms contained herein. Words referring to the singular only also include the plural and vice versa where the content so requires.
1.0 PRICE AND PAYMENTS
1.1 The training course FEE shall be as advertised on the course particulars on ESC’s website. The FEE excludes all other costs that may be incurred by the purchaser in attending the training course.
1.2 No order placed by a Purchaser shall be deemed to be accepted by ESC and no Contract shall come into existence until ESC provides a written Booking Confirmation upon receipt of the Course Fee.
1.3 Where invoices rendered by ESC in respect of the training course FEE and all other sums payable by the Purchaser hereunder, invoices shall be due for payment by the stipulated due date.
1.4 The Purchaser will not be entitled to attend the training course until payment in full of the course FEE has been received by ESC. For custom courses, payment shall be as stated in item 1.3 hereabove.
2.1 ESC reserves the right to make substitutions and modifications relating to the timing, or speakers by giving at least two weeks’ notice to the Purchaser prior to the commencement of the training course, provided that such substitutions or such modifications will not materially affect the content of the agreed training course.
2.2 ESC reserves the right to cancel a training course for any reason at any time. In the event of a cancellation, alternative dates will be made available to the Purchaser. If no suitable date can be found the Purchaser will be entitled to a full refund of the Course Fee. This shall be ESC’s total liability towards the Purchaser.
2.3 ESC shall endeavour to issue the attendee’s relevant course certificate to the attendees within 4 weeks after completion of the course except for the TÜV certificate. The Purchaser and the Attendees acknowledge that where an attendee sits and passes a TÜV exam, the certificate may take up to 10 weeks to be issued directly to the attendee. Under no circumstances, will ESC be held responsible for any delays in issuing the certificates.
2.4 The Purchaser may cancel the Contract at any time without reason prior to commencement of the training course by notifying ESC in writing. ESC shall refund to the Purchaser the Course Fee less bank transaction cost incurred by ESC and provided that the cancellation notice is received by ESC in writing at least 28 days prior to the date of the Course. If the cancellation notice is less than 28 days prior to the date of the Course, the Purchaser will not be entitled to any refund.
2.5 Without prejudice to Clause 2.4 above and at its sole discretion, ESC may allow the Purchaser to reschedule attendance onto another ESC scheduled course of similar nature at no additional cost provided such request is received in writing within 28 days but not less than two weeks prior to the original course start date.
2.6 The Purchaser may substitute a delegate to the training course at no additional cost providing written notice has been received by ESC at least one week prior to the commencement date of the course and providing that the replacement candidate meets the specified course eligibility requirements.
2.7 The Purchaser shall indemnify and hold harmless ESC against any claim for liability attaching to ESC and/or against any direct or indirect loss suffered by the Purchaser as a result of the cancellation of the training Course or modifications stipulated under items 2.1, 2.2 and 2.3 here above.
3.1 ESC shall not be liable to the Purchaser for any and all claims, whether in contract, warranty, at Law and in tort (including negligence or patent infringement) or otherwise, arising out of, connected with, or resulting from the performance or non-performance of any Contract or agreement resulting here from or from the furnishing of any service.
3.2 In no event, whether as a result of breach of Contract, warranty, tort, (including negligence or patent infringement) or otherwise, shall ESC be liable for any consequential, incidental, indirect or exemplary damages or lose incurred by the Purchase regardless of the cause.
3.3 The Purchaser shall indemnify and hold ESC harmless against any loss or damage, including personal injuries or death to personnel attending the training course regardless of the cause.
3.4 The Purchaser is entitled to use any gained knowledge or material supplied by ESC at its own risk without recourse to ESC.
Failure by ESC to enforce at any time any of the provisions of these Conditions of Sale shall not be construed as a waiver of its rights under or prejudice it with respect to any subsequent action.
5.0 FORCE MAJEURE
Without prejudice to anything contained elsewhere in these Conditions of Sale, in the event of a delay in or failure of performance by ESC is caused by reason of unforeseen circumstances beyond the control of ESC, ESC shall refund to the Purchase the Course Fee which constitute the total liability of ESC towards the Purchaser.
6.0 LAWS AND DISPUTES
6.1 The Contract shall be governed by and construed in accordance with the Law of England and the English Courts shall have jurisdiction.
6.2 Any disputes can be settled by arbitration or other alternative dispute resolution procedures agreed by both Parties.