In these conditions the seller means BCTG Limited. The Buyer means the person, firm or company with whom the seller contracts. Any agreement made between the buyer and the seller whether for the sale of goods and services, herein after called the contract, shall only be subject to these terms and conditions. Any representation or warranty by or on behalf of the seller prior to the contact whether orally or in writing is hereby expressly excluded and shall be of no effect. No agent, or representative of the seller has any authority to vary or add to these terms and conditions except with the seller’s confirmation in writing and signed by BCTG.
Any information of any kind in the seller’s catalogues, price lists, course calendar, advertising or any other literature, is not guaranteed to be accurate and is intended to merely represent a general picture of the seller’s products and services, and shall not form any contract between seller and buyer. The seller reserves the right to amend the specification of its products and services as appropriate or necessary.
Where goods and services are supplied to the buyer’s own specification, the buyer warrants and undertakes full responsibility for the suitability and fitness of the specification and ensure that the specification does not infringe any patent, trademark, registered design, copyright or any other proprietary right and shall indemnify the seller in full for any loss, damage or expense whatsoever which the seller may incur in the performance of the contract.
4. Cancellation and Postponement
Cancellations and postponements must be advised in writing. No agent or representative of the seller is authorised to accept verbal cancellation or postponement. Where written notice of cancellation is received seven days or less before the commencement of the course or service, the entire course fee is payable, unless a replacement delegate is nominated and attends the course. The seller reserves the right to cancel any course or service at any time after giving notice to the buyer. The seller will acknowledge all cancellations and postponements in writing prior to the commencement of the course or service.
5. Prices and Payment
Unless mutually agreed payments for courses and services will be due thirty days from the date of the invoice. Invoices for courses or services will be issued to the buyer in advance of or upon commencement of the course or service. All prices shown in the seller’s catalogues, price lists, course calendar, advertising or any other literature, is exclusive of Valued Added tax at the prevailing rate at the time of invoicing. The Seller will be entitled to suspend all further courses and services if the payment terms are not met. This will not in any way prejudice the seller’s rights under the contract. Service and course schedules are based on free and uninterrupted access to the site and equipment during the entire work and any delays to the work, due to any cause outside of the seller’s control may be charged as an invoiced extra. Prices quoted in the seller’s catalogues, price lists, course catalogues, price lists, course calendar, advertising or any other literature are based on the work being carried out during the seller’s normal working hours unless otherwise stated.
6. Title and Insurance
Where the seller’s equipment is used on the buyer’s premises the buyer shall be responsible for any loss or damage to all or any other part of the equipment, unless such loss and damage is proved conclusively to have been caused solely by the seller, it’s agents or representatives.
All documents, financial information and other commercially confidential information made known in any way to the buyer or seller, it agents or representatives shall remain confidential and shall not be disclosed to any third parties without the prior permission of the buyer or seller, it’s agents or representatives as appropriate.