Terms & Conditions
1.1 ‘Customer’ means the person who buys or agrees to buy the training course from the Seller.
1.2 ‘Conditions’ means the terms and conditions of business set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3 ‘Course Date’ means the date specified by the Seller (On acceptance of the Customer’s application) when the Course is to be held.
1.4 ‘Course’ means the training course that the Customer agrees to buy from the Seller.
1.5 ‘Institution’ means any University or college which agrees to deliver the Course.
1.6 ‘Price’ means the price for the Course
1.7 ‘Seller’ means Perio-Implant Europe Ltd
2 Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Courses by the Seller to the Customer to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order confirmation of order or similar document
2.2 Any application for a Course shall be deemed to be an offer by the Customer to buy the Course pursuant to these Conditions.
2.3 Acceptance of the Customer’s application shall be deemed conclusive evidence of the Customer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 The Price and payment
3.1 The Price shall be the price set out overleaf.
3.2 Payment of the Price shall be due as provided on this form for the relevant Course. Time for payment shall be of the essence and the Seller reserves the right to terminate this agreement forthwith with no liability attaching to the Seller under such circumstances if the Customer does not adhere strictly to the payment schedule.
3.3 Interest on overdue amounts shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 2% above Barclays Bank plc’s base rate from time to time in force
4 The Course The description of the Course shall be as set out in the Seller’s standard application form.
5 Warranties and liability The Seller warrants that the Course will at the time of delivery correspond to the description given by the Seller. All other warranties, conditions or terms relating to the Course and complying with description and whether implied by statute or common law or otherwise are excluded.
6 Holding of the Course
6.1 The Seller reserves the right to vary the times and venue of each Course (or even to cancel a Course altogether) should it be necessary for reasons outside its reasonable control to do so e.g. unavailability of speaker, venue etc. The Seller is not liable for any loss suffered by the Customer as a result of any such changes.
6.2 The Seller makes no warranty as to availability of travel to or accommodation at the venue for the Course and the Customer accepts full responsibility for ensuring that all required bookings for these are in place before entering into commitment for a Course. The Customer warrants that it has made all such enquiries and reservations before submitting this application form and that the delegate for the Course will be available to travel to and attend the Course.
7 Removal of Customer from Course
7.1 If any Customer attending the Course behaves inappropriately or unreasonably towards another Customer on the Course or to any person employed by the Seller to deliver the Course, the Seller reserves its absolute discretion to immediately remove such a Customer from the Course and terminate the contract in accordance with clause 9.
7.2 Unreasonable or inappropriate behaviour may be actual or apparent behaviour which causes concern or difficulty to other Customers, patients or staff on the Course.
7.3 The Seller’s right to remove a Customer also extends to any Institution which the Seller has used to deliver the Course and that Institution may use its discretion to remove a Customer for unreasonable or inappropriate behaviour towards another Customer or Institution member of staff.
8 Exclusion and Limitation of Liability
8.1 The Seller is not liable for any loss suffered by the Customer whether by reason of breach of contract, negligence or otherwise for any loss or consequential loss (including loss of profits, damage to reputation or goodwill, loss of business, damages costs or expenses or any other indirect or consequential losses) occasioned to any person acting, omitting to act or refraining from acting in reliance on the Course or, except to the extent that any such loss does not exceed the Price, arising from or connected with any error or omission in the Course or its presentation.
8.2 If any negligence on the part of the Company is established, then the maximum liability on the part of the Company will be determined by the maximum indemnity afforded by the Company’s insurers.
9 Termination (by Seller) and Cancellation (by Customer)
9.1 If the Customer shall default in making punctual payment of any sum due to the Company under the Contract or these Conditions or shall fail to observe and perform any of the terms of the Contract or these Conditions or shall go into liquidation or bankruptcy or do or cause to be done or allow any act or thing to be done whereby the Company’s ability to hold the Course may be prejudiced then the Company may treat this Contract and the Conditions as being repudiated by the Customer and the Company may without any notice or other requirement on its part treat the contract as ended but without prejudice to any pre-existing right of the Company against the Customer for recovery of monies due or any other breach of the Contract or these Conditions.
9.2 The Customer may cancel this contract at any time by serving notice in writing to that effect. If the notice is given more than 4 weeks before the Course, then the Customer will be entitled to a refund/reduction of 50% of the overall Course price, taking account of any money already paid; if the notice is received 4 weeks or less before the Course is due to be held, then no refund or reduction of the price is given. At its discretion, depending on the ability of the Seller to reallocate the Customer’s reserved place on the Course, some further refund may be allocated but there is no contractual entitlement to this sum. All money retained is to offset the Company’s administration costs for arranging the Course.
10 Proper law of contract This contract is subject to the law of England and Wales.