Terms of business
Unless otherwise agreed by Mr George Flaherty on behalf of Total Wellbeing
Organisational Development Ltd (TWB) in writing, the following terms and
conditions of trade shall apply to any order placed with or quote, training
outline given by TW in full or part.
Any stipulations or conditions in a customer order, which would conflict with,
qualify or negate these terms and conditions shall be inapplicable to any order
placed with TWB unless expressly agreed by TWB in writing when acknowledging the
order in question.
1. Basic Conditions
TWB will provide all labour, training materials unless otherwise stated, however
where accommodation is provided by the customer it is assumed that reasonable
use of site services including electricity and toilet facilities will be
provided at no cost to TWB. In addition the site will comply with all relevant
legislation including The Health and Safety at Work Act 1974.
For any
contracts over fifty miles away from TWB’s head office, TWB reserve the right to
charge the customer expenses in relation to nightly accommodation and or
travelling expenses at forty pence per mile on production of a relevant hotel
receipt for the period of the contract and in the local delivery area and
mileage estimation.
2. Training or consultancy outlines
Training outlines and the structure of the concepts therein submitted for
approval for a customer remain the property of TWB. Any use of training outlines
or concepts either in part or in full must be agreed in writing by TWB before
use.
3. Storage
The customer shall be responsible for safe storage of outlines and the concepts
there in and shall take reasonable precautions to ensure against theft whilst
materials belonging to TWB are in their possession.
4. Training or consultancy delivery
The delivery of training or consultancy shall be carried out in the most
effective manner possible within an economic time frame.
5. Consequential damage or injury
Although TWB will make every effort to supply the highest level of training or
consultancy advice, TWB cannot be held responsible for any injury or
consequential damage however so arising due to their work what so ever.
6. Delays
TWB shall not be held responsible for any delays caused by fire, flood, lock
out, inclement weather, or any circumstances beyond their control, or losses
incurred due to the afore mentioned.
7. Breakages
TWB will not be held responsible for any breakages.
8. Materials and Concepts pertaining to contracts
All materials and the concepts used will remain the sole property of TWB and any
additional use of these materials or concepts must be authorised by TWB in
writing.
9. Variations and extras
Any additional work to that originally quoted for to the customer to be carried
out by TWB will be re-quoted for in writing by TWB for acceptance of the
customer.
10. Ruling prices
All quotations have duration of thirty days. After that point this is subject to
fluctuations. Where increased costs are incurred TWB reserves the right to pass
these onto the customer.
11. Terms of payment
A. Immediate payment in full on the completion of work is expected unless stated
in writing by TWB to the customer. TWB reserves the right to claim interim
payments as work proceeds. Retention of any payments by the customer to TWB will
invalidate any guarantee that would otherwise apply.
B. TWB reserves the right to refuse to execute any order or contract if the
arrangement for payment or the customer’s credit are not satisfactory to TWB
C. In the case of non payment of any account when due or in the case of death,
incapacity, bankruptcy or insolvency of the customer or when the customer is a
limited company in the case of liquidation or the appointment of a receiver then
the purchase price of all services or goods delivered by TWB to the customer and
any sums in respects of any other account owed by the customer to TWB. In
addition TWB have the right to cancel any contract with the customer at our
option without prejudice to TWB’s right to recovering any loss sustained.
12. Cancellations
Cancellations of any or part of orders already accepted by TWB will be accepted
only at TWB’s discretion. TWB may charge for all work carried out or expenses
incurred in relation to the contract before the acceptance of cancellation.
By receipt of this document I accept Total Wellbeing Organisational Development Ltd’s terms of trade