Terms and Conditions
1. In these conditions: -
1. The "Seller" means Avon Forest Training Ltd and/or Avon Forest Services Ltd.
2. The "Buyer" means the person, firm or company with whom the Seller contracts.
2. Any agreement made between the Seller and the Buyer whether for the sale of goods or for work and materials or services hereinafter called the "Contract" shall only be subject to these terms and conditions. Any representation or warranty made by or on behalf of the Seller prior to the Contract orally or in writing is hereby expressly excluded and shall be of no effect. No servant or agent of the Seller has any authority to vary or add to these terms and conditions except with the sellers confirmation in writing signed by one of its directors and issued from its head office at Avon Forest Training, 10 Whittle Road, Ferndown Ind.Est., Wimborne BH21 7RU.
3. A Seller's quotation shall be deemed to have been withdrawn unless the buyer accepts the same within 28 days of the date of the quotation.
4. If the seller enters into a contract without the seller having submitted a written quotation or a standard acknowledgement of order form but in circumstances when the buyer has had prior notice of these conditions then all the goods and materials supplied or work done or services rendered shall be subject to these conditions.
5. Pictures used on the webiste are for illustration purposes only.
Information of any kind contained in the Seller's catalogues, price lists or other advertising literature is not guaranteed to be accurate and is intended merely to represent a general picture of the Seller's products and services and shall not form part of any contract between the Seller and the Buyer. The Seller reserves the right to amend the specification of its products and services and the Buyer is advised to check the specification set out in the Seller's quotation before placing his order.
3. CANCELLATION AND POSTPONEMENT BY THE CUSTOMER
1. Cancellation and postponements must be advised in writing. No agent or servant of the Seller is authorised to accept verbally cancellation or postponement.
2. Cancellation/Postponements: - Where written cancellations are received 5 working days or less before the commencement of the course/test, the entire course/test fee is payable. Written postponements are permitted providing more than 5 working days’ notice is given and alternative dates must be confirmed at the time of postponement. Postponements are not permitted on any more than two occasions.
3. Course development fees, where applicable are payable in full.
4. PRICES AND PAYMENT
1. Prices charged will be those ruling at the time of course commencement, however, courses paid for in advance will not be surcharged in the event of a price increase.
2. Course fees do not include any materials used, and some courses have a minimum candidate number and may not run if these numbers are not reached.
3. Unless mutually agreed, payment in full is due at least five working days before the course commences. When courses are spread over a period, each separate part of the course will be regarded as a separate contract and will be invoiced when completed. Each invoice will be treated as a separate account. Overdue accounts will incur a 5% per month charge along with £25 +VAT adminstration charges.
4. All prices are shown exclusive of Value Added Tax, which will be added at the appropriate rate on invoicing.
5. The company will be entitled to suspend all further supplies if payment terms are not met. This will not in any way prejudice the Seller's rights under the contract.
6. Course schedules and prices are based on free and uninterrupted access to the site and equipment during the entire course and any delays to the work due to any cause outside the Seller's control may be charged as an invoiced extra.
7. Quotations are based on the work being carried out during normal working hours unless otherwise stated.
8. Trainees on practical courses must provide their own safety clothing and equipment.
9. There is both a theory and practical test (NPORS) to be competed and please ensure that for the:
Theory Test – That there is a suitable office that paperwork & written assessment can be completed.
Practical Test - That there is a suitable area to complete the test which includes digging a trench. On arrival if the instructor feels these are not suitable then the Course/Test maybe cancelled and the entire course/test fee will be non-refundable.
5. DATE FOR COMPLETION
The dates for training or the date for completion of training shall be extended by a reasonable time, at the sole discretion of the Seller if performance of the contract is delayed by reason of any cause whatsoever beyond the Seller's reasonable control, including but not limited to war , nor civil commotion strikes, lockouts, labour disputes, epidemics, illness, manning level changes, fire, accidents, breakdown, defect materials, lack of supplied raw materials of components and non-delivery or late delivery by manufacturer.
6. DETERMINATION, SUSPENSION AND CANCELLATION
1. If the Buyer shall fail to make any payment when it becomes due or shall commit any other breach of contract and fail to remedy the same within 7 days of receiving the seller's request in writing so to do or the Seller has bona fide doubts about the Buyer's solvency, the Seller may defer or cancel any further performance of the contract but without prejudice to its right to any unpaid price for goods or materials delivered or cost of work done in performance of the Contract and to damages for loss suffered in consequence of such determination.
2. If the Seller is prevented from completing the Contract either wholly or in part in accordance with the terms thereof for any reason whatsoever beyond its reasonable control then further performance of the contract shall be suspended for the period during which the Seller is so prevented provided that if the contract is suspended for a continuous period of more than three months then either party may give the other written notice to terminate the contract forthwith and then the Buyer shall pay for all goods and materials supplied and work completed before termination such payment to be made on or before the last day of the month following the month during which termination was effected. The Seller will be under no liability whatsoever to the Buyer for any direct or consequential loss or damage suffered by the Buyer as a result of the Seller's inability to perform its obligations under the contract in these circumstances.
1. In House Training (Buyers Premises)
1. The Buyer shall indemnify the Seller against all costs and claims whatsoever arising from damage or injury to any person/s or any property on the customer's premises unless such damage or injury shall be proved conclusively to have been caused solely by the proven negligence of the Seller, its servants or agents.
2. Notwithstanding a (i) the Seller shall not be liable in any way whatsoever for any claim for direct or indirect consequential injury or damage whatsoever made by the customer, or any third party whether or not such injury or damage is caused directly or indirectly, wholly or in partly the negligence of the Seller, its servants or agents.
2. Training at the Seller's Premises
1. The Buyer will have in force at all times a Public Liability Insurance Policy, satisfactory to the Seller, duly endorsed to give indemnity to the Seller in a sum of not less than £1M in respect of any occurrence or series of occurrences arising out of one event.
2. All other conditions and warranties whatsoever express or implied are hereby excluded.
8. TITLE AND INSURANCE
Where the Seller's equipment is used on the Buyers premises the customer shall be responsible for any loss or damage to all or any part of the equipment unless such loss or damage is proved conclusively to have been caused solely by the Seller, its servants or agents.
The Seller reserves the right to correct any clerical or typographical errors made by its servants or agents at any time.
10. HEALTH AND SAFETY AT WORK ACT 1974
The attention of the Buyer is drawn to the provisions of legislation and statutory regulations relating to health and safety at work. The Seller will make available on request one copy of any documents which it may have which the Buyer reasonably requires relating to the design, construction and installation of its products to ensure that as far as reasonably practicable they are safe and without risk to health when properly used. The Buyer shall ensure that such documents are made available to any person who should have knowledge thereof.
If at any time one or more of the provisions of these conditions becomes invalid, illegal or unenforceable in any respect under any law or is held by a court to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions of these conditions shall not in any way be affected or impaired thereby.
Any time or indulgence granted by the Seller to the Buyer or any waiver by the Seller of its rights in respect of any breach by the Buyer of any terms or conditions herein contained shall not be a deemed grant of time or indulgence in respect of any other matters or as a waiver by the Seller of its rights in respect of any other such breach.
In these conditions the neuter gender shall include the masculine and feminine and vice versa and the singular number shall include the plural and vice versa. The headings in these conditions are for guidance only and shall be of no material effect.
These conditions and each and every contract made pursuant thereto shall be governed by and construed in all respects in accordance with the laws of England and Wales and in any dispute arising hereunder shall be tried by the courts thereof.
All drawings, technical documents, commercial and financial information made known in any way to the Buyer by the Seller shall remain confidential and shall not be disclosed to third parties by the Buyer under any circumstances except where specific prior agreement is given in writing by a director of the Seller in accordance with Paragraph 1 (b) of the conditions.
16. All courses are conducted in English due to Health & Safety issues all candidates must have a sufficient understanding knowledge of English.
That no liability will be held by Avon Forest Training if the candidate should not pass the test.
We take privacy very seriously and are committed to ensuring that personal data is secure and fully endorsed and adhere to the principles of data protection as set out in the General Data Protection Regulation [GDPR].
Types of data
Personal data includes personal details, contact details, photographic images, payment details, together with any other information we obtain directly from you or from third parties such as your employer.
Avon Forest Training needs to collect personal data for the purposes of booking & maintaining training & test records as required by all our accrediting bodies. We will use personal data to record training & tests, the provision of achievement certificates and all other purposes connected with our role as an approved accredited Training Centre. Where necessary this data may be shared with accrediting bodies to upload results and/or apply for accredited operator cards and/or certification. This data may also be shared with any companies that we work in partnership with or who perform services on our behalf.
How long we retain Personal Data
We review our retention periods for personal information on a regular basis. We are legally required to hold some types of information, for example data about your training to fulfil our statutory obligations, for up to 7 years.
Access to Personal Data
The accuracy of your information is important to us. If you have any queries about how we use your personal data or would like to access the data, we hold on you please Email us at email@example.com. You have the right to ask for a copy of the information we hold about you. You have the right to request that data we hold on you is erased or rectified.