The buyer’s attention is in particular drawn to the provisions of condition 8.4.
- INTERPRETATION
1.1. The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchases the Goods from the Company.
Company: CPD Solutions Limited of Oaklands Park, Hooton Road, Hooton, Ellesmere Port, Cheshire, CH66 7N2.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Goods: CDs and/or DVD’s or any other goods agreed in the Contract to be supplied to the Buyer by the Company.
1.2. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.3. Words in the singular include the plural and in the plural include the singular.
1.4. A reference to one gender includes a reference to the other gender.
1.5. Condition headings do not affect the interpretation of these conditions.
- APPLICATION OF TERMS
2.1. The Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).
2.2. No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.
2.3. These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.
2.4. Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions.
2.5. No order placed by the Buyer shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company despatches the Goods to the Buyer.
- DELIVERY
3.1. The Goods will be despatched by the Company when full payment for the Goods has been received and subject to availability.
3.2. The Goods will be despatched to the address notified in the order but P.O. Box addresses are not acceptable. Despatch will be by first class post unless otherwise notified and paid for.
3.3. Where the Buyer wishes to order express delivery by courier this must be notified to the Company on +44(0)151 328 0444 and by doing so the Buyer agrees to pay in advance the courier’s charges.
3.4. The following are the estimated delivery times, which are not of the essence or other than an estimate:
UK – 3-5 working days after order accepted
EU – 7-14 working days after order accepted
Otherwise – 14-28 days after order accepted
3.5. Subject to the other provisions of these conditions the Company shall not be liable for any 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 similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds [30] days.
- DAMAGE OR NON-DELIVERY
4.1. The quantity of any consignment of Goods as recorded by the Company on despatch from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.
4.2. The Company shall not be liable for any damage to or non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company in the case of damage within [7] days of receipt or in the case of non-delivery within [30] days of the date of order.
4.3. Any liability of the Company for damage to or non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or at the Company’s election, a refund of the price of the Goods.
- PRICE
5.1. Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s price list published on the date of order.
5.2. The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition at the time of paying for the Goods.
- PAYMENT
6.1. Payment of the price for the Goods is due in pounds sterling on ordering the Goods.
6.2. No payment shall be deemed to have been received until the Company has received cleared funds.
6.3. Payment may be made by credit or debit card, bank transfer or cheque in favour of the Company sent to the above address.
- QUALITY
7.1. The Company warrants that (subject to the other provisions of these conditions) on delivery the Goods shall be of satisfactory physical quality within the meaning of the Sale of Goods Act 1979.
7.2. The Company shall not be liable for a breach of the warranty in condition 7.1 unless:
(a) the Buyer gives written notice of the defect to the Company, and, if the defect is as a result of damage in transit, to the carrier, within [7] days of delivery; and
(b) the Buyer returns such Goods to the Company’s place of business
7.3. Subject to condition 7. if any of the Goods do not conform with the warranty in condition 7.1 the Company shall at its option replace such Goods or refund the price of such Goods at the pro rata Contract rate provided that the Buyer has at the Buyer’s expense returned the Goods to the Company.
7.4. If the Company complies with condition 7.3 it shall have no further liability for a breach of the warranty in condition 7.1 in respect of such Goods.
7.5. Any Goods replaced shall belong to the Company and any replacement Goods shall be guaranteed on these terms.
7.6. The media content of the Goods presents the professional views of the lecturer. CPD Solutions Limited has no professional qualification in this field and accepts no responsibility for the accuracy of the media content of the Goods.
7.7. The Goods are for the Buyer’s use only in the normal course of the Buyer’s profession or business.
7.8. The data may not be transferred or sublicenced or used for resale.
7.9. The media content including data and software may not be copied, reverse engineered or disassembled. The CD-ROM is copy-protected; therefore you will not be able to make a backup copy of the disc. If the Buyer accidentally damages the original disc, the Company will replace it free of charge if the Buyer returns it with the receipt and the original packaging. A charge may be made for post and packing for the replacement.
- LIMITATION OF LIABILITY
8.1. Subject to condition 3, condition 4 and condition 7, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:
(a) any breach of these conditions;
(b) any use made by the Buyer of any of the Goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
8.2. All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
8.3. Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
8.4. Subject to condition 8.2 and condition 8.3:
(a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the Contract price; and
(b) the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.
- FORCE MAJEURE
The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 30 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.
- GENERAL
10.1. If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.
10.2. The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
10.3. The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
- COMMUNICATIONS
11.1. All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class post or sent by fax:
(a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
(b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.
11.2. Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
- ATTENDANCE COURSE BOOKING
12.1. Places on each course are limited and will be allocated on a first come first served basis.
12.2. Payment must be made in full at the time of booking.
12.3. All courses are non-residential.
12.4. Fees will not be refunded if a cancellation is made within the 30 days prior to the course commencing.
Cancellation before this time will incur a 20% administration charge.
12.5. Modular courses commence on the date of the first module.
12.6. All cancellations must be made in writing.
12.7. Booked places can be transferred to another person (no charge).
12.8. CPD Solutions reserves the right to alter the programme, date, venue and speakers should this become necessary. In the event of cancellation of a course by CPD Solutions, course fees will be refunded in full. CPD Solutions will not be liable for travel, accommodation or any other expenses incurred by delegates.
- GUARANTEE
13.1. Any course for which you wish to claim a refund must have been attended in full.
13.2. You must have completed a feedback form. For attendance courses this must have be done at the venue before leaving the course. Your Feedback Form must describe in detail why you feel that the course has not provided useful content that will help you in practice.
13.3. You must notify us in writing within two working days of completing the course if you wish to claim a refund.
13.4. The reasons for requesting a refund must be submitted in writing and state that you have not gained any useful knowledge or skills relevant to general small animal or mixed practice (area of practice depending on the course subject area).
13.5 PgCert Programmes are specifically excluded from this guarantee
