Standard Terms and Conditions for Services & Goods
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| The following are the Transport & Training Services Ltd. standard terms and conditions of sale applicable to all Sales or Services of all the Transport & Training Services Ltd.. Members.
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| 2.
| All orders accepted by any member of the Transport & Training Services Ltd.. from a Customer, actual or potential, verbal or other means are accepted solely on these terms and conditions and no variation thereof shall be recognised by the Transport & Training Services Ltd. The giving of an order by Customer or an Agent on the Customer's behalf to the Transport & Training Services Ltd. for any of the Transport & Training Services LTD's services shall be deemed an unqualified acceptance by the Customer of these terms and Conditions on which the service is offered.
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| 3.
| Rebates & Taxes. Any rebates or allowances between the Transport & Training Services Ltd. and the customer are strictly subject to full settlement of the account within the time limit agreed specified elsewhere/on the invoice with the exception of customers who pay on deferred terms or by banker's order with agreement in writing from the Transport & Training Services Ltd. Prices exclude Government Taxes where applicable. Value Added Tax calculated at current rates on the invoice date.
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| 4.
| Indemnity. The Customer shall re-imburse the Transport & Training Services Ltd. for and keep the Transport & Training Services Ltd. indemnified against liability (including employers liability) in respect of the Transport & Training Services Ltd., its property or its employee's and the property of an employee of the Transport & Training Services Ltd. whilst upon Customer's premises other than damage caused by the negligence of the Transport & Training Services Ltd. or its employee's.
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| 5.
| Condition & Warranties. No oral stipulation or representation made by either party, their servants or agents shall be held to vary or contradict any of these terms and conditions and except herein all conditions and warranties as to fitness, quality or description (statutory or otherwise) are excluded.
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| 6.
| Agents. Where an order is given to the Transport & Training Services Ltd. by an agent for a Customer being unable (after having taken all reasonable steps) to recover payment whole or in part from the customer, the agent shall be personally liable to pay the Transport & Training Services Ltd. any unpaid amount and any costs incurred recovering them.
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| 7.
| Interest. The Transport & Training Services Ltd. reserves the right to charge interest at a rate not exceeding 4 per cent over The Royal Bank of Scotland Plc base lending rate for the time being if payment is not made within the time limit specified on the invoice.
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| 8.
| Cancellation. Upon cancellation within 5 days, the whole cost(s) will be due. No Refunds shall be made for cancellation of courses or non -attendance by the Customer or the Customer's employees, unless prior notification in writing is received by the Transport & Training Services Ltd. at least seven days prior to the commencement date. In cases where this notice has been received before 5 days, a cancellation charge of 50% shall be applied. The onus of attendance is understood to be the responsibility of the trainee once the initial training dates have been notified. All credit given carries the same conditions.
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| 9.
| Transport and Training Services Ltd. reserve the right to cancel any courses without warning. All courses are offered subject to numbers and or availability.
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| 10.
| Unpaid Invoices. If an invoice is unpaid by the date stated thereon, then that amount together with the amounts of any other invoices for services ordered by the customer shall become immediately due and payable. If the customer fails to comply with the agreed terms of payment the Transport & Training Services Ltd. reserve the right to discontinue the provision of goods and services and shall be entitled to claim against the customer for any loss or damage sustained in consequence thereof.
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| 11.
| All contracts for repeat services and prices agreed verbal or otherwise agreed with any servant, employee or agent will be deemed as binding and will be held for twelve months from the date of the initial provision of that service. The Transport & Training Services Ltd. shall endeavour so far as is reasonable to provide the service within the agreed framework. Where a contract rolls over into a second or subsequent year, this will be deemed as second 12 months contract in the absence of three months termination notice before the expiry of the current contract.
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| 12.
| Any discontinuation without three months working notice on the part of the Customer will be treated as a breach of contract and will be liable for any balance of revenue outstanding. This will be calculated by taking the average invoice charged for the relevant service and multiplying by the three months in lieu. Any discounts for training, stock or anything similar enjoyed on the strength of this contract will be calculated and will be re-payable.
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| 13.
| Breach of Contract. If the customer shall make default or commit any breach of his obligations whatsoever to Transport & Training Services Ltd. or if any distress or execution shall be levied on the Customer's property or assets or if the Customer shall make or offer to make arrangement with the creditor or commit an act of bankruptcy shall be presented against him or (if the Customer is a Limited Company) any resolution to wind up the Customer (other than for the purpose of Amalgamation or Reconstruction) shall be passed or presented at any General Meeting or if a Receiver shall be appointed to the Customers business then Transport & Training Services Ltd. shall have the right forthwith to determine any contract then subsisting and on written notice of such determination being posted to the Customers last known address any subsisting contract shall be deemed to be determined without prejudice to any claim of right the Transport & Training Services Ltd. may otherwise make or exercise.
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| 14.
| Suspension of Services may wholly or partly suspended in the event of a stoppage or interruption of work as a result of strikes, lock-outs, trade disputes, breakdowns, war (whether declared or not) hostilities, Government regulations or acts, accidents, shortages of materials or any cause whatsoever beyond the control of the Transport & Training Services Ltd. and such suspensions shall not invalidate any contract between the parties or give rise to any claim for damage whatsoever.
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| 15.
| All invoices are issued on a 14-day credit limit from the date of invoice. Where appropriate, interest may be charged at =3% over base (The Royal Bank of Scotland Plc) on a daily accrual basis.
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| 16.
| Proper Law. Any contract in which these terms and conditions are incorporated shall be subject to and in accordance with English Law except where Scottish Law may show in favour of the Transport & Training Services Ltd.
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| Updated 29/03/01
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