Terms & Conditions
Standard terms and conditions for supply of training, sales and services
During the continuance of the Agreement into which this document is incorporated (the 'Agreement'), Solo Medical Training shall supply and the Purchaser shall purchase subject to these Solo Medical Training terms. Definitions in the Agreement (which Agreement includes any schedule and/or any appendix thereto) shall also apply in these terms. In the event of any conflict between these Solo Medical Training terms and the terms of the Agreement, the terms of the Agreement shall take precedence.
1. Solo Medical Training Supplies, Specifications and related Prices
The Services, the Specifications, and the related Prices are set out in the Agreement and/or its Schedules (the 'Schedules') or Appendices (the 'Appendices').
2.1. No terms or conditions endorsed on a Purchaser's order, specification, or similar document will form part of the contract between the parties. By placing an order, the Purchaser acknowledges the applicability of the Solo Medical Training terms and conditions.
2.2. Solo Medical Training and the Purchaser shall agree times and places for the performance of services which shall generally be set out in the relevant Schedule and/or Appendix. Otherwise, Solo Medical Training shall use its reasonable endeavours to perform them within a reasonable time in the circumstances.
2.3. Failure to notify of any delay shall not on its own entitle the Purchaser to terminate the contract or withhold payment against Solo Medical Training's invoice. Unless otherwise agreed in writing with Solo Medical Training, the Purchaser shall not be entitled to cancel any order for Services once the first performance of the Services has been performed by Solo Medical Training.
2.4. Purchasers may be asked to make payment in advance for Services against Solo Medical Training's pro-forma invoice or provide a suitable credit reference or such other proof of creditworthiness as Solo Medical Training may require at its sole discretion before supply.
3. Eligibility for and Outcome of Training Courses
3.1. It is the Purchaser's responsibility to ensure that Delegates are free from any condition which would affect their capability to undertake their chosen course, and that they have the aptitude to cope with an intensive course of study. Solo Medical Training welcomes Delegates with disabilities but it remains their employer's responsibility to ensure that they are appropriately supported in their workplace. Solo Medical Training should be provided in advance, notification of any assistance that a Delegate is likely to need during the running of a course whether for a physical or learning issue. If Solo Medical Training decide that a Delegate has not achieved the learning outcomes of the course and/or the assessment standard, then they will subsequently be offered a free reassessment. Any further training or coaching over and above that provided on the course may be charged for. Solo Medical Training also reserves the right to not award a certificate of competence if the assessor (from Solo Medical Training) feels the Delegate is unable to carry out their role as a First Aider (i.e. carrying out chest compressions). This is due to Solo Medical Training's responsibility to produce a Delegate competent in the skill they are being taught. A certificate of competence in other areas may be issued as well as a theoretical understanding acknowledgment on such certificate. The issuing, wording and authentication of such a certificate is at the discretion of Solo Medical Training. The issuing of such is not an automatic right of any service user.
3.2. To be eligible to attend an HSE two-day Requalification course, Delegates must present a valid First aid at work certificate issued by an HSE-approved provider which is 'in date' on the last day of the Requalification course. 'In date' means the period within three months prior to the original certificate expiry date. The HSE allows a maximum of 28 days from the expiry date of the certificate to complete requalification training and assessment.
3.3. The Purchaser acknowledges that if a Delegate arrives late for a course or is absent from any session, Solo Medical Training reserves the right to refuse to accept the Delegate for training, if it decides in its sole discretion that the Delegate will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. To conform with Health & Safety Executive (HSE) requirements for statutory certificates, attendance at all sessions is mandatory.
3.4. The Purchaser acknowledges that they have a responsibility, as does the Delegate, to ensure that the Delegate performs and dresses in an appropriate manner during the training course being held by Solo Medical Training. Any behaviour which is deemed by Solo Medical Training to be inappropriate could result in the Delegate being withdrawn from the course and the fee for the course remaining payable. Solo Medical Training also reserves the right to ask for inappropriately dressed individuals to either change or leave the course. Inappropriate clothing may take the form of offensive (to any other individual) images or wording or the condition of such garments which in any way offend the other Delegates or Solo Medical Training staff i.e. inappropriately revealing attire.
3.5. Where Solo Medical Training is carrying out its work in the purchasers premises, the purchaser agrees that the premises should be appropriate for the purpose they are being used. For example, a room should be available where the candidates can work in a comfortable and uninterrupted environment. The premises should be of good light, clean and hygienic, temperature controlled and have access to toilets. Solo Medical Training reserve the right to refuse to work in inappropriate venues which do not meet the basic standards as detailed within these terms. If this right is used, the full fee is still payable.
4. Terms of Payment
4.1. Unless subject to separate agreed arrangements, the Purchaser shall pay Solo Medical Training within 28 days of the date of Solo Medical Training's invoice. If the Purchaser fails to make payment on the due date, Solo Medical Training shall be entitled to charge the Purchaser interest at the annual rate of 3% above the base rate of Lloyds TSB. Unless otherwise agreed with Solo Medical Training or required by law, the Purchaser shall not be entitled to make any set off in respect of amounts due to Solo Medical Training. All course fees are subject to the current rate of VAT.
4.2. Payments made by the following means will incur the charges detailed below:
Credit Card: 3% of Balance, Debit Card: £1.00 per transaction, Commercial Card: 3% of Balance. Only credit and debit cards detailed on www.solomedicaltraining.com are accepted by Solo Medical Training. BACS payments and Cheques are also accepted in accordance with the invoice terms.
Each party acknowledges and agrees that any and all information concerning the other's business or the terms of the Agreement including these terms is confidential (hereinafter referred to as 'Confidential Information') and each party agrees that it shall not permit the duplication, use or disclosure of any such Confidential Information to any person (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, including email authorisation, or is required by the operation of Law. Confidential Information does not include information, which at the time of disclosure is generally known by the public (other than by the unauthorised act of the disclosing party). The parties shall take all reasonable steps to ensure that their employees, agents and sub-contractors keep Confidential Information confidential.
6. Data Protection
6.1. Each party undertakes to comply at all times with the Data Protection Act 1998 to the extent it processes any personal data or sensitive personal data on behalf of the other. 'personal data' and 'sensitive personal data' shall have the meanings given in the Data Protection Act 1998.
6.1.1. In particular, but without limitation, each party shall:
(a.) only carry out processing of such data in accordance with the other's instructions
(b.) only disclose it to or allow access to it by those of its employees (or agents or sub-contractors) who are familiar with data protection requirements and whose use of such data relates to their job or function
(c.) assist the other with all subject information requests received from data subjects.
6.1.2. For the avoidance of doubt, neither party (or its agents or sub-contractors) shall acquire any rights in any of the other's personal data or sensitive personal data and shall only be entitled to process it in accordance with its contractual obligations. On termination of the contract each party (or its agents or sub-contractors) shall immediately cease to use the same and shall arrange for its safe return or destruction as shall be agreed with the other at the relevant time and in accordance with section 6.1.4
6.1.3. Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages and expenses which the other may suffer or incur as a result of any breach by the former of any of the undertakings given in this Clause.
6.1.4. Solo Medical Training shall keep on file, details of Delegates attending courses in accordance with the HSE and FAAMS requirements and as advised by each of the governing bodies.
7. Intellectual Property
7.1. Each party confirms that it owns, or has all necessary rights in the use of, all intellectual property in relation to the Services and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with, the originating party, unless otherwise agreed in writing between the authorised representatives of Solo Medical Training and the Purchaser.
7.2. Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages and expenses which the other may suffer or incur as a result of any claim by a third party in relation to ownership or use of any relevant intellectual property, provided by the other party.
8. Force Majeure
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Agreement including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.
9.1. Solo Medical Training warrants to provide Services with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the Services.
9.2. If the Services performed are in breach of Clause 9.1, Solo Medical Training will at its option make good the performance, re-perform the Service or refund the Purchaser the relevant Price, subject to availability and the performance being proved to be deficient to the reasonable satisfaction of Solo Medical Training. These obligations will not apply where:
9.2.1. the part of the Service concerned was based on information supplied by or varied from the normal Service at the specific request of the Purchaser; or
9.2.2. the Purchaser failed to notify Solo Medical Training of the defect within 14 days of the supply.
10. Consumer Protection Regulations 2000
Where a contract with a consumer is concluded on a distance selling basis the Regulations will apply and the Purchasing consumer will have a general right to cancel. In the case of services this will expire 14 days after booking (except for late bookings when it will expire on the date the services are commenced). Subject to the Regulations and to the foregoing, if a request is made to amend services or to cancel services, the following fees may be applied:
10.1. In the case of request for transfer:
(a.) More than four weeks before commencement date - no charge
(b.) Between 2-4 weeks before Commencement date - 25% of amount charged
(c.) Less than two weeks before Commencement date - 50% of amount charged
10.2. In the case of cancellation:
(a.) More than four weeks before commencement date - Full Refund
(b.) Between 2-4 weeks before Commencement date - 50% of amount charged
(c.) Less than two weeks before Commencement date - 100% of amount charged
In all cases, notice of cancellation must be confirmed in writing or electronically, with a read receipt, addressed to the contact detailed on the booking literature.
Cancelations, Refunds and Returns Policy
10.3. Solo Medical Training recognises that there may be cases where a refund may be necessary. Cancellations of courses are liable to the charges detailed in 10.2. However Solo Medical Training reserve the right to waiver such charges in circumstances they see relevant. Any item supplied or purchased from Solo Medical Training which is damaged at no fault of the purchaser or any other party in the delivering of such an item, it should be returned to Solo Medical Training, the address is in the 'contact us' section of the website www.solomedicaltraining.com. On receipt of the returned item, Solo Medical Training shall assess the item and the damage and refund where applicable. Due to many items from Solo Medical Training being solely distributed on behalf of the manufacturers, such items will be returned under the manufacturer's returns policy of each item and warranty.
11.1. Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of its negligence, or for fraudulent misrepresentation; or in respect of the implied warranties contained in the Supply of Goods and Services Act 1982.
11.2. Subject to Clause 11.1 Solo Medical Training will be under no liability to the Purchaser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused.
11.3. Subject to Clauses 11.1 and 11.2, Solo Medical Training's aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services concerned.
Any demand notice or communication may be given by hand or sent by first class prepaid post, email or facsimile and shall be deemed to have been duly served if delivered by hand when left at the address of the other; if given or made by prepaid first class post, 48 hours after being posted (excluding Saturday, Sunday and public holidays); if given or made by facsimile, at the time of transmission, provided that a confirming copy is sent by first class prepaid post to the other party within 24 hours after transmission.
13. Freedom of Information
Where the Purchaser is a Public Authority as defined in the Freedom of Information Act 2000 it agrees to notify Solo Medical Training immediately if it receives any request under the named act for information regarding Solo Medical Training or its business, and it agrees to consult with Solo Medical Training regarding the application of any exemptions under the act in relation to such request. Solo Medical Training agrees to cooperate with the Purchaser in relation to the Freedom of Information Act.
In the event of a dispute concerning the Goods or Services the parties shall use their reasonable endeavours to resolve it as soon as practicable. If they fail to do so within 14 days, the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree such method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the English courts.
15. Consequences of Termination
The termination of this Agreement howsoever arising is without prejudice to the rights, duties and liabilities of either party accrued prior to termination. The clauses which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
16. Contracts (Right of Third Parties) Act 1999
The parties to the contract incorporating these conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Neither party shall be entitled to assign or transfer any of its rights or obligations without the prior written agreement of the other (which shall not be unreasonably withheld or delayed).
No failure or delay by a party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
If any clause or part of this Agreement is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
21. Entire Agreement
These terms and conditions, and the Agreement into which they are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Supply. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
22. No Partnership
Nothing in this Agreement or any arrangement contemplated by it shall constitute either party a partner of the other nor shall the execution, completion and implementation of this Agreement confer on any party any power to bind or impose any obligations to any third parties on the other party or to pledge the credit of the other party.
23. Compliance with Laws and Regulations
Each party shall observe and abide by and shall require its sub-contractors to observe and abide by all laws, regulations and by laws as may apply in relation to the matters contemplated by this Agreement.
24. Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of the Agreement or of any term of the Agreement will be governed by the law of England and Wales and subject to Clause 14, the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement.
For more information on our courses, advice or equipment, please feel free to contact us at any time:
Telephone:0845 094 2473 / 01594 540 145
Fax:0845 094 2693
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Excellent course and instructor. Very useful and we all benefitted from the course. Many thanks. P J H, Glatfelter Ltd LydneyMore testimonials...