These terms and conditions are between AMBA Training Ltd (ATL) and the Customer. They replace any previous terms and conditions of ATL and are the complete and only terms and conditions between the parties. All dealings between ATL and the Customer shall be governed by these terms and conditions, which shall prevail over any other matters.
These terms and conditions and any Contract formed pursuant to them may be varied provided any variation is confirmed in writing by an authorised representative of ATL.
A binding Contract will be formed when ATL accept a Customer’s order for goods or services (the “Contract”). An invoice will be dispatched prior to delivery of the goods or performance of the service and shall be payable immediately or on agreed terms (subject to paragraph 5).
A copy of these terms and conditions will be despatched, in the case of the provision of a training course, with the booking confirmation letter sent by ATL. If the Customer has not had prior sight of them and reasonably objects to any of these terms and conditions, the Customer shall be entitled to notify such objection to ATL within 7 days of first sight (failing to provide this, these terms and conditions will be deemed to have been accepted) and, provided a solution to the objection cannot be reached between parties, cancelthe Contract without penalty after 7 days of such notification. Any goods which have been delivered but not paid for prior to cancellation of the Contract in this way may be recovered by ATL in accordance with paragraph 11.
In the case of the provision of a training course by ATL, payment must be made in full prior to the commencement of the course. Certificates to prove completion of the course may be withheld by ATL until payment is made. No refund shall be given should a delegate fail any course provided by ATL and ATL make no guarantee as to a delegate successfully passing any course or finding employment.
If the Customer notifies ATL in writing of an intention to cancel any course booking (providing the full course fee has been paid) there will be no charge. No refund will be available once payment is made unless the course is cancelled by ATL.
Unless specified, Value Added Tax will not be included in any price and will be charged at the rate in force at the time of quotation.
Interest on overdue invoices may be charged (at the discretion of ATL) at 3% above the base rate of the Bank of England until the date of payment and the Customer agrees to pay any reasonable expenses incurred by ATL in pursuing any outstanding debt or debts due from the Customer. Where relevant interest shall be charged pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.
Title of the goods shall pass when payment is made in full. For the purposes of this clause only, time is of the essence. Until full payment is made (or if the Contract is cancelled in accordance with clause 4) the Customer shall allow ATL or its agents to enter its premises without notice at any time (within reasonable office hours) to inspect goods which have not been paid for in full and remove them. The Customer shall not sell, give, pledge, lend, charge or otherwise dispose of the goods before title has passed without written agreement of ATL.
Risk of loss shall pass on delivery and all delivery times are estimates only. It is the Customer’s responsibility to inspect the goods on delivery. Any visible defects in the goods must be notified to ATL within 7 days of delivery following which ATL shall repair or replace such goods free of charge. After this time any goods with visible defects may be replaced at Customer’s expense.
ATL shall not be liable to the Customer by any failure to perform ATL’s obligations under Contract if the failure is due to any cause beyond ATL’s reasonable control. ATL shall not be liable for any loss suffered by the Customer (except in respect of death or personal injury caused by ATL’s negligence) including loss of profits arising out of performance of the Contract by ATL (or its servants or agents).
ATL reserve the right to cancel and/or amend course dates, times, contents and venues. Every effort will be made to give the Customer as much notice as possible and offer a reasonable alternative. If these are not satisfactory, ATL may refund in full the total amount paid to date. No further compensation will be given.
ATL reserves the right to remove or amend any part of its publications or manuals without prior notice or consultation. Whilst every effort has been made to ensure the accuracy of the information contained in the publications and manuals, ATL shall not be liable for any inaccuracies or for any subsequent mistreatment of any person or property, however caused.
The Customer shall indemnify ATL for any loss or expenses caused as a result of providing inaccurate information to ATL, mistakes contained within the Customers order, changes to the Contract requested by the Customer, the cancellation of the Contract (otherwise than in accordance with paragraph 4) by the Customer or breach of the Contract by the Customer (subject to ATL using all reasonable endeavours to minimise such loss).
The Customer shall not be entitled to set off or deduct any amount from any invoice unless otherwise agreed by ATL.
If the Customer becomes bankrupt or enters into liquidation, administration or administrative receivership or has a receiver of any of its assets appointed (or ceases or threatens to cease carrying on business) ATL shall be entitled to cancel any outstanding Contract(s) and/or suspend further deliveries or services without liability to the Customer and any sums outstanding shall become immediately due.
Any dispute that cannot be resolved between parties should be referred to the discretion of a sole arbitrator to be agreed between the parties or, in default of agreement, appointed at the request of either party by the president of the Chartered Institute of Arbitrators. Arbitration shall take place in accordance with the Arbitration Act 1996.
Any written notice given under these terms and conditions shall be served by either registered post or facsimile to the relevant party’s registered/principle office or last known address.
Student must be a good physical condition to attend this course and have no health problems that would be affected by heavy physical exercise.
These terms and conditions shall be governed and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English Courts. In the event that one or more clauses of these terms and conditions becomes invalid, illegal or unenforceable, the enforce ability of the remaining provisions shall not be affected.