| Terms and Conditions of Contract |
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All contracts for the sale of products or
services made by Tender Dynamics Limited are deemed to incorporate these
Terms and Conditions of Contract which shall prevail over any other
document or communication between the parties unless otherwise agreed in
writing. For the purposes of this document the term "Report" shall
include all documents or information created or produced by Tender
Dynamics Limited in response to a request from a customer, "Training"
shall include training courses and seminars, and related reports and
presentations, and the term "Customer" shall include any individual or
organisation who has entered into a contract with Tender Dynamics
Limited for the supply of consultancy, products or training services or
combination thereof. Orders Orders and bookings for any Tender Dynamics
Limited product or service will only be accepted if a valid purchase
order is received by Tender Dynamics Limited or the full purchase price
is received by Tender Dynamics Limited in advance. Once an order or
booking has been accepted in writing by Tender Dynamics Limited,
cancellation terms apply. Tender Dynamics Limited reserves the right not
to accept any Customer order. Substitutions Tender Dynamics Limited will use all
reasonable endeavours to provide nominated staff for agreed work. In the
case of a substitute being provided, Tender Dynamics Limited warrants
that the substitute will be suitable for the work to be undertaken.
Suitably qualified delegates may be substituted at any time by the
Customer prior to the start of a training course once written
notification of the intended change has been received by Tender Dynamics
Limited. Tender Dynamics Limited follows a policy of continuous
improvement for all products and services. Tender Dynamics Limited
reserves the right to alter any product or service at any time in
accordance with this policy. Cancellation & Transfer Charges Cancellation and transfer fees will be
charged as follows: For cancellation less than 10 working days
prior to commencement of activity: 100% of fees due plus any agreed
expenses incurred. For cancellation less than 20 working days prior to
commencement of activity: 50% of fees due plus any agreed expenses
incurred. For cancellation more than 20 working days prior to
commencement of activity: 10% of fees due plus any agreed expenses
incurred. Consultancy No part of a Report may be resold,
reproduced, stored in a retrieval system, or transmitted, including
photocopying and recording, in any form or by any means, without prior
permission in writing from Tender Dynamics Limited. Except as herein
provided Tender Dynamics Limited will not be liable in any circumstances
for any loss or damage whatsoever or howsoever caused (including without
prejudice consequential loss of profit) arising from the supply, delay
in supplying or failure to supply the Report or any part thereof. Whilst
Tender Dynamics Limited will make reasonable endeavours to adhere to any
delivery date stipulated by the Customer or stated by Tender Dynamics
Limited the adherence to any such date shall not be a term or condition
of sale and Tender Dynamics Limited shall not be liable to make good any
damage or loss to the Customer, arising directly or indirectly out of
delay of delivery of the Report. Whilst Tender Dynamics Limited will
endeavour to ensure the highest standard of Report. Tender Dynamics
Limited does not give any warranty as to the quality or fitness for any
particular purpose whether or not the Customer makes known to Tender
Dynamics Limited expressly or by implication any particular purpose for
which the Report is being purchased. Training Suitability of Training Delegates; Customers
are responsible for ensuring that the backgrounds of delegates are
suitable for any training course that they are attending. Tender
Dynamics Limited will not be liable for any refund in the case where
delegates do not meet the course prerequisites. Public Training Course fees cover the cost of training
materials and books supplied by Tender Dynamics Limited, use of
appropriate facilities, lecturer's time, refreshments and any room or
equipment rental Tender Dynamics Limited undertakes. Where relevant,
examination fees and other related expenses will be charged to
delegates, if notified in advance. Public courses may be undertaken
using portable equipment such as laptop computers and may be in rented
accommodation such as a hotel conference room or similar. Customers
agree that they understand and accept this and shall advise Tender
Dynamics Limited if this is likely to be inappropriate for the
delegate(s) concerned. Provision of lunch and other subsistence, travel
and accommodation requirements associated with Tender Dynamics Limited
public courses are the responsibility of the delegates. Unless a written
arrangement is in place between Tender Dynamics Limited and the
Customer, payment for training is due in advance; delegates will not be
permitted to enter the training room if payment has been not been made.
The cancellation terms above shall apply in any case. In-House (Onsite) Training Where delivery of Training is made on
Customer premises, all responsibility for logistics rests with the
Customer. In the event that the training facilities or any required
audio/visual aids are unavailable, any subsequent consequential expenses
for provision of alternative facilities or audio/visual aids shall be
borne by the Customer. Customers are responsible for ensuring that
facilities, equipment and materials suitable for the conduct of the
course are supplied in accordance with the agreed course requirements.
In particular, Customers are responsible for (but not limited to) the
provision of: A suitably equipped training room. Student workspace,
typically a table/desk top, sufficient to accommodate books and writing
materials. Delegate and tutor refreshments. Visual aids: two whiteboards
or, preferably, flip charts, a projector suitable for connecting to a
laptop computer and a screen suitable for the projected image. Tender
Dynamics Limited may be able to provide a PC projector suitable for the
delivery of training for an additional fee. Please ensure that there is
no ambiguity about this, if it is required. In-house training charges
cover provision of tuition, a full set of course notes and reference
material (where appropriate) per delegate. Additional rechargeable costs
are the tutor's travel, accommodation and subsistence expenses plus
miscellaneous and office expenses which will be agreed in advance. Maximum Class Size The maximum class size for training is 12
persons. In extreme cases it has may be possible to stretch the size of
groups to 15, but we counsel against such large classes where
supervision during exercises will necessarily suffer. Class sizes over
12 persons must be agreed with Tender Dynamics Limited beforehand in
writing. Products The risk in any products supplied by Tender
Dynamics Limited to the Customer under the terms of this agreement shall
pass to the Customer upon delivery of the Products to the Customer.
Title in any consignment of products shall pass to the Customer only
once Tender Dynamics Limited has received payment in full for the
products. The Customer may not sell, loan or otherwise transfer the
products to any other party without prior written agreement from Tender
Dynamics Limited. Tender Dynamics Limited warrants that all products are
of merchantable quality, fit for purpose and guarantees the products
against defects in manufacture. Travel and Subsistence Costs Travel and subsistence costs for staff
engaged in delivery of consultancy or training where it is necessary to
work away from Tender Dynamics Limited’s offices shall be recharged at
cost unless otherwise agreed in writing. Time spent travelling shall be
considered to be time worked on the delivery of the contracted services. Property and Title Reports and any consultancy material produced
by Tender Dynamics Limited on behalf of the Customer shall be severally
and independently owned unless otherwise agreed in writing. The Customer
and Tender Dynamics Limited shall be entitled independently to make any
use of the material as the individual property of either party without
requiring permission or authority from the other party. The intellectual
property of all training course material produced by Tender Dynamics
Limited shall be owned by Tender Dynamics Limited unless otherwise
agreed in writing. The Customer shall be entitled to make use of the
course material for its own internal use once permission or authority
from Tender Dynamics Limited has been received in writing. The Customer
agrees not to provide subsequent training using any material covered in
the course without prior written agreement from Tender Dynamics Limited.
Risk of damage to or loss of consultancy or training materials shall
pass to the Customer at the time of delivery. Liability In no circumstances will Tender Dynamics
Limited be liable to refund any amount in excess of the agreed fee for
the deliverable in question. This applies in particular (but is not
limited) to any travelling, subsistence or consequential expenses
incurred by training delegates. Tender Dynamics Limited shall not under
any circumstances be liable for any indirect or consequential damages
however caused. Tender Dynamics Limited’ liability in respect of
any breach or non-performance of any order shall be limited to the
refund of the invoice value to which the claim relates. In the event
that Tender Dynamics Limited is prevented from carrying out its
obligations under a contract as a result of any cause beyond its
reasonable control, such as, but not limited to, Acts of God, War,
Strikes, Flood, Terrorism and Failure of third parties to deliver goods,
Tender Dynamics Limited shall be relieved of its obligations and
liabilities under such contract of sale for as long as such fulfilment
is prevented. Duties and Taxes Any relevant duties or taxes including VAT
(where applicable) will be added to the cost of all sales at the
prevailing rate. Carriage, Post and Packing Carriage, post and packing for deliveries
will be recharged at cost. Payment Terms Tender Dynamics Limited’ standard payment
terms are as follows: The balance of all invoices is due for payment
within thirty days of delivery. Payment must be received for Public
Training course places before the training commences. Delegates for whom
full payment has not been received before the commencement of the course
will not be admitted to the course. If any invoice becomes overdue the
Customer's full outstanding balance with Tender Dynamics Limited becomes
due and payable. Tender Dynamics Limited reserves the right to charge
interest on overdue invoices at 4% above the Lloyds TSB base rate in
force, calculated on a daily basis. Payment shall be deemed to have been
received only when the full amount has been credited to Tender Dynamics
Limited’s bank account without recourse. Contract If any provision herein is held to be invalid
illegal or unenforceable the validity and enforceability of the
remaining provisions shall not in any way be affected or impaired.
Waiver by Tender Dynamics Limited of any of the terms herein or the
granting of time or indulgence by Tender Dynamics Limited to the
Customer shall in no way affect Tender Dynamics Limited rights
hereunder. The headings are for clarification and do not form part of
the terms and conditions. Any notice or demand to be given hereunder
shall be in writing and shall be delivered by hand or by first class
post. If posted any notice shall be deemed to have been delivered 48
hours after posting. The law of |