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Standard
Terms and Conditions for the Provision of Workshops and
Services |
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new edge management limited
1. Applicability
The Purchaser contracts with new edge management limited (“new
edge management”) on its own behalf for Services and
on behalf of persons (Delegates) who are enrolled by the Purchaser
on new edge management Workshops. These terms and conditions
supersede and replace any previous agreements, proposals or
representations made between the Purchaser and the new edge
management for the provision of Workshops and Services. These
terms and conditions shall prevail notwithstanding any terms
and conditions contained in any order submitted by the Purchaser.
Any variation to these terms and conditions must be agreed
in writing by new edge management.
The waiver by the new edge management of any Breach of any
term of this agreement shall not prevent the subsequent enforcement
of that term and shall not be deemed to be a waiver of any
subsequent breach.
2. Authorisation
The Purchaser hereby certifies that unless otherwise notified
to and agreed with new edge management all Delegates are employed
directly by the Purchaser and undertakes to bring these terms
and conditions to the attention of Delegates.
3. Confidentiality and Copyright
The Purchaser and Delegate will not:
a) disclose or provide or make available to any person other
than the Purchaser or new edge management, any new edge management
materials acquired as a result of receiving new edge management
Services without new edge management’s prior written
consent.
b) Copy in whole or in part any Workshop materials acquired
as a result of receiving new edge management Services except
under the supervision of and in accordance with the written
instructions of new edge management personnel.
NOTE:- new edge management materials, Workshops and Services
are provided for the exclusive use of the Purchaser and Delegates.
All rights in such materials, Workshops and Services are reserved.
The recording, copying, loan, unauthorised hire, public showing
or broadcasting of such materials, Workshops and Services is
prohibited.
4. Indemnity
In no event shall new edge management be liable for direct,
indirect or consequential loss suffered by the Purchaser or
Delegates arising out of new edge management’s performance
under this Agreement.
5. Start Date/Delivery
Workshops and Services will commence on the date specified
by new edge management in the confirmation of acceptance issued
to the Purchaser. new edge management shall not be liable
for any costs or damages suffered by the Purchaser or Delegates
as a result of any delays in delivery or the cancellation
or postponement of either Workshops or Services.
6. Warranty
All materials are warranted against defects in material and
workmanship under normal proper use in their original and
unmodified condition for a period of 90 days. If found defective
by new edge management within the terms of this warranty,
new edge management’s obligation shall be to repair
or replace (at its option) the defective product. If new edge
management determines the product is not defective within
the terms of this warranty, the Purchaser shall pay all costs
of handling and return transportation. All replaced products
become the property of new edge management. new edge management
shall not be liable for any errors or omissions in any material
supplied by new edge management.
Except as aforesaid all warranties, conditions and representations,
express, implied statutory or otherwise and however arising,
whether in any written document or in any oral statements
made by and on behalf of new edge management with the Customer
or its representatives are hereby excluded.
7. Cancellation and Transfers
a) The Purchaser agrees to pay new edge management the following
charges in the event for whatever reason Workshops or Services
are cancelled or transferred to another date without providing
at least fifteen (15) working days written notice prior to
the scheduled start date of the Workshop or Service.
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Written Notice |
Cancellation
Charge |
Transfer Charge |
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11-15 days |
50% |
20% |
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6-10 days |
75% |
35% |
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1-5 days |
100% |
50% |
b) In the event that in respect of the same booking the Purchaser
transfers the Workshop or Service for a second time, the Purchaser
shall pay to new edge management an amount equal to the cancellation
charges which would have been payable had the first transfer
in fact been a cancellation.
8. Out of Hours Premium
The Purchaser agrees to pay a 50% premium on the Standard
List Price for all Workshops and Services run outside the
hours of 09:00-17:00 Monday to Friday. This premium will be
non-discountable.
9. Payment Terms
Fees for all Workshops and Services are payable by the Purchaser
within thirty (30) days of invoice date. new edge management
reserves the right to charge the Purchaser additional fees
at its then prevailing rates in the event additional Delegates
to those originally listed on the order (but not substitutions)
attend any Workshops or Services. Such additional places shall
be charged in accordance with the new edge management’s
then current Price List.
10. Assignment
The Purchaser will not assign the benefit of this Agreement
without obtaining the prior written consent of new edge management.
11. Proper Law
The proper law governing this Agreement shall be the Law of
Scotland and the forum for settling any disputes under this
Agreement shall be the Courts of Scotland. |
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