​

Terms and Conditions

 

 

TERMS AND CONDITIONS RELATING TO PRODUCT SALES

1. Application and entire agreement

1. These Terms and Conditions will apply to the purchase of the goods detailed in our quotation (Goods) by the buyer (you) from INFRATEC-UK Limited a company registered in England and Wales under number 8522158 whose registered office is at Unit 8-9 Easter Park, Barton Road, Middlesbrough (we or us).

2. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

• “Contract” means a contract for the purchase and sale of Goods, as explained in clause 8;

• “Dispatch Confirmation’ means our acceptance and confirmation of your Order;

• “Goods” means the goods sold by Us through Our Site;

• “Order” means your order for Goods;

• “We/Us/Our” means INFRATEC-UK a company registered in England and Wales under number 8522158 whose registered office is at Unit 8-9 Easter Park, Barton Road, Middlesbrough.

1. These Terms and Conditions will be deemed to have been accepted by you when you accept them or the quotation or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between us and you.

2. These Terms and Conditions and the quotation (together, the Contract) apply to the purchase and sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.Interpretation

1. A “business day” means any day other than a Saturday, Sunday or a Bank Holiday in England and Wales.

2. The headings in these Terms and Conditions are for convenience only and will not affect their interpretation.

3. Words imparting the singular number include the plural and vice-versa.

3.Goods

1. The description of the Goods is set out in our sales documentation, unless expressly changed in our quotation. In accepting the quotation, you acknowledge that you have not relied upon any statement, promise or other representations about the Goods by us. Descriptions of the Goods set out in our sales documentation are intended as a guide only.

2. We can make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements.

4.Price

1. The price (Price) of the Goods is set out in our quotation current at the date of your order or such other price as we may agree in writing.

2. If the cost of the Goods to us increases due to any factor beyond our control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, we can increase the Price prior to delivery.

3. Any increase in the Price under the clause above will only take place after we have told you about it.

4. You may be entitled to discounts. Any and all discounts will be at our discretion.

5. The Price is inclusive of fees for packaging and may include transportation / delivery, at our discretion dependent on weight and destination.

6. The Price is exclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority.

5.Cancellation and alteration

1. Details of the Goods as described in the clause above (Goods) and set out in our sales documentation are subject to alteration without notice and are not a contractual offer to sell the Goods which is capable of acceptance.

2. The quotation (including any non-standard price negotiated in accordance with the clause on Price (above) is valid for a period of 30 days only from the date shown in it unless expressly withdrawn by us at an earlier time.

3. Either of us can cancel the order for any reason prior to your acceptance (or rejection) of the quotation.

6.Payment

1. We will invoice you for the Price either:

• Before shipment of the order if agreed terms are proforma; or

• on or at any time after delivery of the Goods; or

• where the Goods are to be collected by you or where you wrongfully do not take delivery of the Goods, at any time after we have notified you that the Goods are ready for collection or we have tried to deliver them.

1. You must pay the Price within 1 day of the date of our invoice date or otherwise according to any credit terms agreed between us.

2. You must make payment even if delivery has not have taken place and / or that the title in the Goods has not passed to you.

3. If you do not pay within the period set out above, we will suspend any further deliveries to you and without limiting any of our other rights or remedies for statutory interest, charge you interest at the rate of 1.5% per month  from the due date of payment until you pay in full.

4. Time for payment will be of the essence of the Contract between us and you.

5. All payments must be made in British Pounds unless otherwise agreed in writing between us.

6. Payment is due as per the dated invoice. Any handover days or training days scheduled, or any delays caused by you, do not affect the due date of the payment.  The payment date is the date of when we first deliver goods or services.

7. Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

8. We accept the following methods of payment:

• Debit and Credit Cards

• Bank Transfer

• Finance – subject to terms and conditions

1. Payment is classed as completed when funds are cleared.

7.Delivery

1. We will arrange for the delivery of the Goods to the address specified in the quotation, or your order or to another location we agree in writing.

2. If you do not specify a delivery address or if we both agree, you must collect the Goods from our premises.

3. Subject to the specific terms of any special delivery service, delivery can take place at any time of the day and must be accepted at any time between 8 am to 6 pm.

4. If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights:

• store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and / or

• make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery; and/or

• after 10 business days, resell or otherwise dispose of part or all of the Goods and charge you for any shortfall below the price of the Goods.

1. If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.

2. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond our control or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

3. Divisibility Clause: We may deliver the Goods by instalments, unless otherwise agreed, which will be invoiced and paid for separately. Each instalment is a separate contract. Any delay in delivery or defect in an instalment will not entitle you to cancel any other instalment.

4. If Goods are being ordered from outside the United Kingdom, import duties and taxes may be incurred once your Goods reach their destination.  We are not responsible for such charges and We undertake to make no calculations or estimates in this regard.  If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures.  As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported.  Please be aware that Goods may be inspected on arrival at port for customs purposes and We cannot guarantee that the packaging of your Goods will be free of signs of tampering.  Please also be aware that the United Kingdom consumer protection laws may not apply.

5. Carriage will be charged extra, except where special offers are advertised specific and isolated to the sales channel specified.

8.Inspection and acceptance of Goods

1. You must inspect the Goods on delivery or collection.

2. If you identify any damages or shortages, you must inform us in writing within 3 days of delivery, providing details.

3. Other than by agreement, we will only accept returned Goods if we are satisfied that those Goods are defective and if required, have carried out an inspection. Any faults must be reported before the Product is flown. If you attempt to fly the Product, then your Product will not be classed as faulty and as such no refunds or returns will be accepted.8.4 Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate, repair, or replace, or refund the Goods or part of them.

4. We will be under no liability or further obligation in relation to the Goods if:

• you fail to provide notice as set above; and/or

• you make any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

• the defect arises because you did not follow our oral or written instructions about the storage, commissioning, installation, use and maintenance of the Goods; and/or

• the defect arises from normal wear and tear of the Goods; and/or

• the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by you, your employees or agents or any third parties.

1. You bear the risk and cost of returning the Goods.

2. Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event within 4 days after delivery.

3. Refunds (whether full or partial) will be issued within 30 Calendar Days of the day on which We agree that you are entitled to the refund.

4. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

9.Cancelling and Returning Goods if You Change Your Mind

1. Consumer

2. If you are a Consumer (i.e. a person who is buying a Product for their own personal use and not for Commercial Operations) in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason.  This period begins once your Order is complete and We have sent you your Dispatch Confirmation, i.e. when the Contract between you and Us is formed.

3. If you are a Consumer and the Goods are being delivered to you in a single instalment (whether single or multiple items), the cooling-off period ends 14 calendar days after the day on which you receive the Goods.

4. If you are a Consumer and the Goods are being delivered in separate instalments on separate days, the cooling-off period ends 14 calendar days after the day on which you receive the final instalment of Goods.

5. If you are a Consumer and your order is for the regular delivery of Goods over a defined period, the cooling-off period ends 14 calendar days after the day on which you receive the first delivery of Goods.

6. If you are a Consumer and you wish to exercise your right to cancel under this Clause 11, you must inform us of your decision within the cooling-off period.  You may do so in any way you wish.  Cancellation by email or by post is effective from the date on which you send Us your message.  Please note that the cooling-off period lasts for whole calendar days.  If, for example, you send us an email or letter by 23:59 on the final day of the cooling-off period, your cancellation will be valid and accepted.  If you would prefer to contact us directly to cancel, please use the following details:

• Telephone: 03301 185040

• Email: training@infratec-uk.com

• Post: Unit 8-9 Easter Park, Barton Road, Middlesbrough, TS2 1RY

1. We may ask you why you have chosen to cancel and may use any answers you provide to improve Our Goods and services, however, please note that you are under no obligation to provide any details if you do not wish to.

2. Please note that you may lose your legal right to cancel in the following circumstances:

3. If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

4. If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;

5. If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

6. Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause 11.

7. You may request that We collect the Goods from you.  Please ensure that the Goods are ready for collection at the agreed time and location. In the event that we agree to do this, we will charge you the appropriate courier rate.

8. You may return Goods to Us in person during Our business hours of 0900 – 1630 hours Monday to Thursday and 0900 – 1400 Friday (closed Saturday, Sunday and Bank Holidays) by post or another suitable delivery service of your choice to Our returns address at Unit 8-9 Easter Park, Barton Road, Middlesbrough, TS2 1RY.  Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause. We will also charge you the direct cost to Us of collection if you request that We collect the Goods from you. The cost of returning Goods to Us should not normally exceed the cost of having them originally delivered to you if you use the same carrier.

9. If you are a Consumer, Refunds under this Clause will be issued to you within 14 calendar days of the following:

• The day on which We receive the Goods back; or

• The day on which you inform Us (supplying evidence) that you have sent the Goods back (if this is earlier than the day under sub-Clause 9.18); or

• If We are collecting the Goods, the day on which you inform Us that you wish to cancel the Contract; or

• If We have not yet provided a Dispatch Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

1. Refunds under this Clause may be subject to deductions in the following circumstances:

• Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them.  For the purposes of this Clause “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, we may subsequently charge you an appropriate sum if We find that the Goods have been handled in a way that would otherwise entitle Us to reduce your refund.

• Standard delivery charges will be reimbursed in full as part of your refund.  Please note, however, that We cannot reimburse for premium delivery.  We will only reimburse the equivalent standard delivery costs when issuing refunds under this Clause

1. Refunds under this Clause will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

2. Orders for goods manufactured or purchased in accordance with the Buyers specifications may not be cancelled without the written authority of the Seller. The Buyer undertakes to indemnify the seller for all costs and expenses resulting from a breach of this condition by the Buyer.

3. Non-Refundable Deposit. If a deposit is required as security for the fulfilment of this Order, Buyer shall follow execution of this Contract pay to the Seller the Deposit. If Closing does not occur on or before the Cancelling Date, for any reason Seller shall retain the Deposit to cover its costs and expenses in connection with the Order.

4. Business Customer

5. If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to access a Product.

6. These Terms and any document expressly referred to in them constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us that is not set out in these Terms or any document expressly referred to in them.

7. If products are not in stock and are ordered by INFRATEC-UK to meet a business customers order, with specific notification of the same by an INFRATEC-UK representative. Then the order cannot be cancelled, and goods need to be paid for in full.

8. We only supply a Product for internal use by your business, and you agree not to use a Product for any re-sale purposes.

10.Risk and title

1. The risk in the Goods will pass to you on completion of delivery.

2. Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for: (a) the Goods and/or (b) any other goods or services that we have supplied to you in respect of which payment has become due.

3. Until title to the Goods has passed to you, you must (a) hold the Goods on a fiduciary basis as our bailee; and/or (b) store the goods separately and not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; and/or (c) keep the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery.

4. As long as the Goods have not been resold, or irreversibly incorporated into another product, and without limiting any other right or remedy we may have, we can at any time ask you to deliver up the Goods and, if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

11.Termination

1. We can terminate the sale of Goods under the Contract where:

• you commit a material breach of your obligations under these Terms and Conditions;

• you are or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

• you enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with your creditors; or

• you convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed, or petition presented to any court for the winding up of your affairs or for the granting of an administration order, or any proceedings are commenced relating to your insolvency or possible insolvency.

12.Limitation of liability

1. Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

2. Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded to the fullest extent permitted by law.

3. If we do not deliver the Goods, our liability is limited, subject to the clause below, to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

4. Our total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

5. We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

• any indirect, special or consequential loss, damage, costs, or expenses; and/or

• any loss of profits; loss of anticipated profits; loss of business; loss or corruption of data, information or software; loss of reputation or goodwill; business interruption; or, other third-party claims; and/or

• any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or

• any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or

• any loss relating to the choice of the Goods and how they will meet your purpose or the use by you of the Goods supplied.

• any damage caused by the use of the Product for any purpose other than the purpose originally intended for the Product

1. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation.

2. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to a Product. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that a Product is suitable for your purposes.

13.Communications

1. All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

2. Notices will be deemed to have been duly given:

• when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient;

• when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

• on the fifth business day following mailing, if mailed by national ordinary mail; or

• on the tenth business day following mailing, if mailed by airmail.

1. All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

14.Data protection

1. When providing the Goods to the Buyer, the Seller may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the Buyer.

2. The parties agree that where such processing of personal data takes place, the Buyer shall be ‘data controller’ and the Seller shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended and/or re-enacted from time to time.

3. For the avoidance of doubt, ‘Personal Data’, ‘Processing’, ‘Data Controller’, ‘Data Processor’ and ‘Data Subject’ shall have the same meaning as in the GDPR.

4. The Seller shall only Process Personal Data to the extent reasonably required to enable it to provide the Goods as mentioned in these terms and conditions or as requested by and agreed with the Buyer, shall not retain any Personal Data longer than necessary for the Processing and refrain from Processing any Personal Data for its own or for any third party’s purposes.

5. The Seller shall not disclose Personal Data to any third parties other than employees, directors, agents, subcontractors or advisors on a strict “need-to-know” basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.

6. The Seller shall implement and maintain technical and organisational security measures as are required to protect Personal Data Processed by the Seller on behalf of the Buyer. Further information about the Seller’s approach to data protection are specified in its Data Protection Policy, which can be found on our website. For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: info@infratec-uk.com

15.Force majeure

1. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to; power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

16.No Waiver

1. No waiver by us of any breach of these Terms and Conditions by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

17.Severance

1. If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

18.Law and jurisdiction

1. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

 

TERMS AND CONDITIONS RELATING TO TRAINING COURSES

 

 

1.Payment terms

1. Our standard payment terms are that payment is taken at booking unless otherwise stated. If payment by invoice has been previously agreed, the payment needs to be made within the terms of the invoice.

2.Credit terms

1. Our standard terms for account customers are payment with order. Please contact INFRATEC-UK if you have a specific request outside of the standard terms.

2. If credit terms are agreed, then the invoice will be issued dated the first day of the course and will be due as per credit terms from that date.

3. If you postpone any part of the training course the invoice will still be issued dated the first day of the course and will be due as per credit terms from that date.

3.Course bookings

1. Bookings may be made by email, via the infratec-training.com website or by phone. Telephone bookings must be confirmed in writing upon request. Please quote purchase order numbers where applicable.

4.Transfers

1. Should circumstances mean that you need to transfer to another INFRATEC course, the following charges will apply, dependent on notice given:

• First transfer, made more than four weeks prior to the course start date – no charge

• Two to four weeks notice given – 25% of the course fee retained

• Less than two weeks notice given – 50% of the course fee retained

1. All transfers must be taken within a period of six months from the original date.

2. There is a £25 charge if a substitute person wishes to replace an existing delegate.  Please inform us as soon as possible before the course start date.

5.Cancellations

1. Should circumstances mean that you have to cancel your course and are unable to transfer your booking to another date at the time of cancellation, the following charges will apply:

• More than four weeks prior to the start date of the course– 25% of the course fee retained

• Two to four weeks prior to the start date of the course – 50% of the course fee retained

• Less than two weeks prior to the start date of the course – full fee retained

1. Cancellation must be made in writing and received by INFRATEC-UK by the course date.

2. Cancellation of course bookings made via the website the following charges will apply:

• More than four weeks prior to the start date of the course– 25% of the course fee retained

• Two to four weeks prior to the start date of the course – 50% of the course fee retained

• Less than two weeks prior to the start date of the course – full fee retained

• Full cancellation at any time - 2.5% fee retained to cover process charges 

6.Non-attendance

1. If you do not attend a course, and you have not previously informed us, the full course fee remains non-transferrable.

7.Late arrivals/missed sessions

1. If you arrive late for a course or are absent from any session, we reserve the right to refuse to accept you for training if we feel you will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable.

8.Unforeseen Circumstances

1. On occasion, unforeseen circumstances may require us to cancel a course. In such circumstances, you will be given as much notice as possible and either a free transfer to another course date or a full refund of fees paid.

9.VAT

1. All course fees are subject to the current VAT (valid exemptions only).

10.Distance selling regulations 2000

1. We abide by the applicable elements of the Distance selling regulations 2000.

11.Fair processing

1. All information that we hold concerning you will be held and processed by INFRATEC-UK strictly in accordance with the provisions of the Data Protection Act 1998.

2. We will not, without your consent, supply your name and addresses to any [other] third parties except where (1) such transfer is a necessary part of the activities that we undertake, or (2) we are required to do so by operation of law.

3. As an individual, you have a right under the Data Protection Act 1998 to obtain information from us, including a description of the data that we hold on you. Should you have any queries concerning this right, please contact INFRATEC-UK Ltd, Unit 8-9 Easter Park, Barton Road, Middlesbrough, TS2 1RY.