These terms and conditions apply to any Client who purchases or plans to purchase training services from Aiyana Beauty Training Academy. No other terms and conditions referred to by the Client when purchasing a ‘product bundle’ and/or booking training with Aiyana Beauty Training Academy shall apply, without the prior written agreement of Aiyana Beauty Training Academy. For the avoidance of doubt, these terms shall apply from the time a service is booked/accepted by Aiyana Beauty Training Academy. By accessing this service, the Client fully accepts to comply with the terms and provisions of this agreement. If you do not agree to the terms and provisions, do not pursue any training course offered by Aiyana Beauty Training Academy.
Aiyana Beauty Training Academy are committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection. Aiyana Beauty Training Academy would love to stay in contact with You to provide You with exclusive offers and extra information. Your data preferences can be updated at any time.
DEFINITIONS:
1.1 Throughout these Terms and Conditions “We”, “Us” and “Our” are all references to the provider of the Services; namely Aiyana Beauty Training Academy trading as ‘Aiyana Beauty’
1.2 Throughout these Terms & Conditions “You” or “Your” are references to the client/delegate contracting with Us under these Terms & Conditions
1.3 “Training course” means the relevant training or service provided by Aiyana Beauty Training Academy at Aiyana Beauty Training Academy premises or at other locations as specified or otherwise explicitly agreed in writing with Aiyana Beauty Training Academy
1.4 “Buyer” means the organisation or person who buys Goods from the Seller;
1.5 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
1.6 “Delivery date” means the date specified by the Seller when the Goods are to be delivered or handed over to the Buyer/Client
1.7 “Goods” means the articles to be supplied to the Buyer by the Seller
1.8 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.9 “Price” means the price set out in the list of prices of the Goods and/or Services maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;
1.10 The “Seller” means Aiyana Beauty Training Academy
1.11 The “Client” means the person who receives training/products from Aiyana Beauty Training Academy
BOOKING INFORMATION
2.1 We are unable to reserve a place for any persons onto a course until either full payment or a deposit has been received and the place has been confirmed to you by us.
2.2 Aiyana Beauty Training Academy reserves the right to re-allocate the course place to another delegate if fees are not paid in time. The option to transfer courses can only be used once with an admin fee of £50 applicable, after which any movement will be considered a cancellation. All outstanding invoices will remain due, irrespective of the number of working days’ notice given for the cancellation.
2.3 By booking onto a training course with a deposit payment or full payment, you are acknowledging that you have read and understood the terms and conditions herein.
2.4 All confirmed delegates will receive a booking confirmation. If you do not receive your booking confirmation let us know so we can confirm that there are no problems.
2.5 The company reserves the right to decline any application for enrolment on a training course.
2.6 If there are other pre-requisites for a particular course, by booking on that course you warrant that you fulfil all of these pre-requisites. Refunds will not be given where you have failed to meet the pre-requisites or you have falsely declared that you meet the pre-requisites, for example completing 120 hours pre-study.
PAYMENTS AND DEPOSITS
3.1 Deposits can be paid by cash, credit or debit card or bank transfer (and in some cases finance is available via a third party). All fees are priced in Pounds UK Sterling and VAT will be added at the appropriate rate where relevant.
3.2 Deposits are non-refundable unless Aiyana Beauty Training Academy cancel the course (not including postponing the course, in which case the deposit remains non-refundable).
3.3 All remaining course balances must be settled at least three weeks before commencement of the course.
3.4 We are unable to allow delegates to start a training course unless course fees have been paid for in full.
3.5 Where courses require pre-requisite learning, reading or research your training begins from the date that your manual is despatched. In this instance any fees paid will be non-refundable under our cancellation terms.
3.6 The cost of the Courses are a combination of the cost of the products and a greatly reduced fee for training. Courses booked without the product component will be charged at a greater training day rate.
3.7 If any changes are made to the Client’s requirements at any time while the training course is in progress, or within 14 days of the beginning of the course, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional
EXAM RESULTS
4.1 Where assessments are not under the influence of awarding bodies we aim to distribute certificates within 90 days maximum. Aiyana Beauty Training Academy will not be held liable for distribution of external bodies certificates.
4.2 Where assessment results are carried out by an awarding body, there may be a delay in receiving the assessment result especially in the case of written papers.
4.3 Trainees will receive a Certificate of Attendance at the end of their course providing they achieve the set assessment criteria.
CANCELLATIONS
5.1 For your security we will not accept cancellations by phone, text or social media. If you wish to cancel or postpone a training course, you must indicate in writing or via email. Cancellations will only be accepted during our opening hours and not at evenings, weekends, or Holidays.
5.2 If you cancel the training course booking within 14 days of the start date of the course and/or at a time where we are unable to reallocate the booking to another delegate then you will be liable for the full course fees including VAT.
5.3 Companies may substitute an alternative delegate generally for no extra charge.
5.4 Rather than cancel a training course, you may wish to postpone until another date. We will allow postponing only once with at least 21 days prior notice from the course start date and is liable for a £50 administration fee. The total cost of the course will also need to be paid in full and this will not be Further cancellation of the same course will result in losing all monies paid to date.
5.5 Aiyana Beauty Training Academy reserves the right to cancel, re-schedule or vary any course or part of a course due to insufficient numbers, reasons beyond control or changes in regulations. If Aiyana Beauty Training Academy were to totally cancel the course (as opposed to just reschedule) will refund any money paid to Aiyana Beauty Training Academy for the course.
5.6 Where Aiyana Beauty Training Academy cancels a training course, we will not be held liable for transportation, accommodation, loss of earnings or any other associated costs.
5.7 Aiyana Beauty Training Academy shall not be liable for non-performance or delay of performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action, explosions, and government regulations and/or orders.
LIABILITY AND INDEMNITY
6.1 Aiyana Beauty Training Academy will comply with all relevant health and safety legislation and exercise reasonable care and skill in delivering training to Clients. Whilst delegates are on the premises they are obliged to abide by all Health and Safety policies that are in place.
6.2 Although Aiyana Beauty Training Academy will exercise reasonable care and take reasonable precautions, the Client agrees to indemnify and hold harmless Aiyana Beauty Training Academy from and against all claims made in respect of:
6.2.1 personal injury (including injury, illness or disease resulting in death), and/or loss of or damage to any property other than to the extent such loss, damage or injury is due to the negligence of Aiyana Beauty Training Academy, it employees or contractors acting in the performance of their duties, or fraudulent misrepresentation by Aiyana Beauty Training Academy
6.2.2 Aiyana Beauty Training Academy will not be held liable for any self-inflicted needle stick injuries
6.3 Where a delegate is disruptive to other delegates, breaches health and safety guidelines or appears to be under the influence of drugs or alcohol or endangers themselves or others, we reserve the right to ask that candidate to leave the premises. Candidates that are asked to leave the course for the above reasons will not be entitled to a refund
6.4 On Courses which there is a disruptive delegate, Aiyana Beauty Training Academy cannot be held liable for the consequences of their actions on other individuals, although Aiyana Beauty Training Academy will take the necessary action [as outlined above] in removing them from the Course.
6.5 Aiyana Beauty Training Academy does not accept responsibility or any liability for delegates belongings whilst they are on This includes personal equipment and vehicles which are brought onto the premises entirely at the owner’s risk.
6.6 Aiyana Beauty Training Academy reserve the right to ask any candidate to leave the course if they arrive excessively late or miss any part of the course, if it is believed that they will not be able to pass the course because of this. The full product fees will remain payable and a refund will not be possible.
6.7 The training rate is supplemented by the purchase of a product bundle. If a delegate does not arrive for the course, the money paid is non-refundable, as the ‘price’ paid is for the ‘product bundle’. Whilst it is in the delegates interest to attend the course to learn how to use the products, failure to attend a course will not be a cause for action for a refund.
6.8 We are not responsible for any emails that you do not read on time that relate to your course, changes or cancellations.
6.9 Aiyana Beauty Training Academy is not liable for any parking tickets received.
6.10 To the maximum extent permissible under English law, the total aggregate liability of Aiyana Beauty Training Academy to the Client or its delegates shall not exceed the price of the training, whether for breach of this agreement or in tort and Aiyana Beauty Training Academy shall not be liable to the Client for any consequential or indirect loss.
6.11 Trainees should not attend their training course if they have tested positive for COVID-19 in the previous 14 days, knowingly been in close contact with any person with COVID-19 in the past 7 days or if they are experiencing any symptoms of COVID-19.
6.12 All correct government guidelines will be adhered to and Aiyana Beauty Training Academy will not be held liable for any trainee contracting COVID-19 during their time training.
6.13 Trainees who are unable to attend their training course due to contracting COVID-19 will be able to postpone their course on the provision of a doctors letter. No fees shall be refunded.
LIABILITY FOR PRODUCTS
7.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
7.1.1 the correspondence of the Goods with any description or sample;
7.1.2 the quality of the Goods; or
7.1.3 the fitness of the Goods for any purpose
7.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
7.2.1 the correspondence of the Goods with any description;
7.2.2 the quality of the Goods; or
7.2.3 the fitness of the Goods for any purpose whatsoever
7.3 Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law
7.4 For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused. After inspection upon delivery by the Buyer, there will be no refund on products except if they are faulty. Products are sold as seen, please consult Section 18 for more information.
FORCE MAJEURE
8.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.
GENERAL
9.1 Trainers reserve the right to ask students to complete a written, oral exam and/or case studies. This is at their discretion and to keep standards high.
9.2 Certificates can be replaced. There is a fee of £25 per certificate to cover the cost of reprinting, postage and searching the student database for information. Payment is made at the time of ordering your certificate. Certificates will say ‘Duplicate’ on them.
9.3 Prices can be altered at any time to reflect costs of training. Old prices will only be honoured at the discretion of Head Office. Discounts are only honoured at the time of the promotion, past discounts found online will not be accepted. Please contact your trainer to ask about any current offers. We are not responsible for old pages being found online and we do not provide training anywhere other than at our registered training school, 273 High Street East, Wallsend Tyne and Wear NE287RT. The prices of Aiyana Beauty Training Academy training and products sold (whether our own or another brand) are independent and may change due to fluctuations in exchange rate. You will not be able to split payments between any other company associated with a brand that we stock and us.
9.4 As part of our excellent customer service we operate an equal opportunities policy. Students will not experience discrimination on any Aiyana Beauty Training Academy will not tolerate physical or verbal abuse to any trainer at any time. Nor will we tolerate any sexism, ageism or racism or any type of discrimination of any sorts.
9.5 Aiyana Beauty Training Academy training operates a non-smoking policy.
9.6 Mobile phones must be always switched off in the training rooms.
9.7 Children are not allowed in the training studio.
9.8 We will endeavour for you to work with as many models (provided by ourselves unless otherwise specified) as possible on each area (brows, eyes, lips) although you accept that numbers cannot be guaranteed and that treatments may not be evenly distributed per area. Aiyana Beauty Training Academy will be held liable for any model that fails to show.
9.9 Aiyana Beauty Training Academy has no responsibility to produce models, on some Courses there may be no models.
9.10 It is recommended for trainees to check the legislations of their local council/authorities in regard to Permanent Make Up license and before purchasing a product bundle to ensure that they choose a device that is suitably compliant and are familiar with the licensing requirements of their local council.
9.11 Aiyana Beauty Training Academy accepts no responsibility for the purchasing of a device that is not considered compliant by a regional authority (as legislations differ between councils) and offers a range of available devices.
9.12 Aiyana Beauty Training Academy accepts no liability for individual council legislation and how this may affect any Clients ability to obtain a permanent make up Aiyana Beauty Training Academy strongly encourages trainees to check local requirements of their council/jurisdiction before purchase a product bundle with Aiyana Beauty Training Academy.
9.13 Aiyana Beauty Training Academy cannot be held liable, accountable or responsible for products that are being resold if belonging to a different brand than Aiyana Beauty Training Academy.
9.14 All product purchases are non-refundable once opened. Aiyana Beauty Training Academy will not be held responsible for a technician using products incorrectly if a product bundle has been purchased without training.
9.15 Delegates are not permitted to give out their personal details to clients of Aiyana Beauty Training Academy (this includes the trainers and/or the models) or solicit business away from Aiyana Beauty Training Academy that they have been introduced to through training with Aiyana Beauty Training Academy. This is taken extremely seriously and trainees will be pursued legally if found to be doing this.
DATA PROTECTION
10.1 Aiyana Beauty Training Academy are committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection.
10.2 Full information regarding how we use your data will be provided alongside these terms and conditions
10.3 Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
10.4 Information collected will be used solely for the purposes of providing background information when contacting you to arrange training or to deliver products. We like to maintain a relationship with our Clients so we will hold your data for as long as we feel there is a legitimate interest to both parties, You may request that we delete your data at any time.
10.5 Aiyana Beauty Training Academy may disclose your contact information to our business agents and service providers for the purposes above
10.6 ‘Miss Mandy Ivison is Our designated ‘Appointed Contact Person’, any questions can be directed to aiyanabeauty@live.co.uk
COMPLAINTS AND APPEALS
11.1 Complaints during the course should be made to the trainer in the first instance. If you are unhappy with the outcome then it will be taken up as per the company complaints procedure for delegates. Awarding bodies will not accept complaints directly unless you have followed this process. After completion of the Course, all complaints should adhere to the complaints procedure detailed below.
11.2 You agree to adhere to the correct complaints procedure. If you breach clause 12.3 and 11.4.2 and publish (or cause to be published) any defamatory statements about Us or any of Our trainers to any third parties (whether through the use of social media or otherwise) then We reserve the right to claim damages against You in defamation proceedings before the Court for such sum as we are advised to claim by Our legal advisors.
11.3 You agree not to publish (or cause the publication of) Your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet.
11.4 If You have any cause to complain about Us or any of Our Technicians and Your Complaint in any way relates to Our provision of the Services then You agree in the first instance:
11.4.1 to put your complaint in writing to Aiyana Beauty Training Academy using the aiyanabeautytraining@outlook.com email address; and
11.4.2 Not to publish (or cause the publication of) Your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet
11.5 We will investigate Your complaint and give our considered response to it within 21 days of Your complaint being received.
11.6 If You accept any settlement outcome offered by Us in Our written response to Your complaint, then that settlement outcome will be implemented in full and final settlement and the terms of settlement shall remain private and confidential between the parties (or any legal advisors if applicable).
11.7 For the avoidance of any doubt, Your obligation at clause 12.4.1 shall be an ongoing obligation until (but not beyond) the delivery of a final judgment in open court on any legal claim which you commence in accordance with the provisions of this clause.
DISCLAIMER
12.1 Attendance by a delegate onto a training course, even with a formal qualification certificate on completion, does not provide any guarantee of workmanship, performance, quality or status of the delegate during future endeavours.
12.2 All information provided is given in good faith and Aiyana Beauty Training Academy will not be held responsible for actions taken by the delegate/client, any other individual or organisation as a result of the information provided during the training course.
12.3 Completion of a training course does not guarantee any income for the delegate or a particular level of skill.
INTELLECTUAL PROPERTY RIGHTS
13.1 All intellectual property remains the property of Aiyana Beauty Training Academy and any copies made of course materials, booklets or training aids will be an infringement of copyright unless agreed in writing by Aiyana Beauty Training Academy. It is illegal to copy and/or redistribute any such materials. Prior consent must be sought before taking any pictures/videos during the training.
13.2 Successful trainees are permitted to use the Aiyana Beauty Training Academy name only in the capacity with which certificate they hold. For example, a person who has completed a training course may publicise that they hold a Certificate of Attendance but not that they have been trained in the techniques exclusively owned by and individual to Aiyana Beauty Training Academy.
13.3 The training courses are run and endorsed by Aiyana Beauty Training Academy, trainees can advertise that they have trained with ‘Aiyana Beauty Training Academy’.
13.4 Trainees are not permitted to use images, text or logos belonging to Aiyana Beauty Training Academy without express permission from Mandy Ivison. All images, text copy and logos (including those found on aiyanabeauty.co.uk and other social media owned by Aiyana Beauty) are copyrighted and watermarked.
13.5 Any violations of trade marked property or patent rights will be taken very seriously and Aiyana Beauty Training Academy will pursue formal legal action.
13.6 Where any Goods supplied by us embody, include or contain computer program(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on our part.
13.7 The Buyer will indemnify us against all liabilities for infringement of third party intellectual property rights arising from our compliance with the Buyer’s specific requirements regarding design or specification for the Goods or arising from the use of the Goods in combination with other products.
13.8 In the event that all the Goods or the use thereof (subject as aforesaid) are held to constitute an infringement of any intellectual property rights and the use is thereby prevented, the Seller will at its own expense and option either procure for the Buyer the right to continue using the Goods or replace the same with a non- infringing product, or modify the Goods so that they become non-infringing, or may elect to retake possession of the Goods and refund the Subject to the foregoing, the Seller shall be under no liability to the Buyer for any loss, damage or enquiry, whether direct or indirect, resulting from any intellectual property right infringement of the Goods.
13.9 All Intellectual Property Rights produced from or arising as a result of the performance of any contract shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
POST TRAINING SUPPORT
14.1 Post-training support is available for all courses after course completion. We are able to give advice over the phone, via email or to arrange meetings at the training school.
14.2 Delegates must not contact our Trainers or staff personally either by personal phones, home addresses, e-mails or social network sites. However, our staff can be contacted via our business e-mails or on our office phone number 07783462090.
14.3 Your course trainer, Company Directors or other individual staff members may not be able to get back to you quickly due to commitments. However other members of the team, including other trainers will be able to assist you.
14.4 Post-training support is available between Monday to Friday 10am to 6pm. There is limited support available over the weekends and evenings, however we will try to assist where possible.
14.5 Course bookings and device purchases are made subject to and in accordance with the “Terms and Conditions” of Aiyana Beauty Training Academy as listed here within.
PRODUCT SALES
15.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or similar document.
15.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
15.3 Acceptance of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
15.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.
15.5 Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.
15.6 Nothing in these Conditions shall affect the statutory rights of any Buyer dealing as a Consumer.
15.7 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
15.8 Once a device is purchased, where a loan device and/or hand piece is given in order for device servicing, the following will apply:
15.8.1 A 1 year warranty will apply.
15.8.2 The Buyer/Trainee will be liable for all costs of post and packaging as well as insuring the device to the appropriate market value.
15.8.3 A deposit payment shall be taken, and refunded on receipt of the loan device, less the cost of postage and packaging.
15.8.4 The Buyer/Trainee will be liable for all costs associated with the condition that the device arrives in.
DELIVERY
16.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Aiyana Beauty Training Academy training school (237 High Street East Wallsend NE287RT) The Buyer shall make all arrangements necessary to take delivery of the Goods and take them away from the training school.
16.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
16.3 If the Buyer is unable to accept the Goods, then the Seller shall be entitled to place the Goods in storage until such time as delivery of the Goods may be effective and the Buyer shall be liable for any expense associated with such storage.
16.4 If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
16.5 The Seller shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
16.6 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
16.8 If a Good is unavailable on completion of a course when the products are given to the Client and is likely to be unavailable for the proceeding 3 months, Aiyana Beauty Training Academy reserves the right to substitute the Good for one of the same value.
16.9 Where a delegate is completing a Course on finance, where a product is unavailable an immediate substitution of products of equivalent value will be made.
ACCEPTANCE
17.1 The Seller is a distributor of goods and the Buyer is exclusively responsible for detailing the specification of the Goods, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.
17.2 The Buyer is required to examine the Goods upon delivery to them at the Training School [273 High Street East Wallsend] and shall be deemed to have accepted the Goods when they sign the sheet given by Aiyana Beauty Training Academy detailing the products given to them.
17.3 Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 14 days of delivery. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.
17.4 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods. Should this occur Aiyana Beauty Training Academy will not be liable for defects or faulty products. If tampering is evident on the device, the warranty is void and future servicing is chargeable.
RISK AND TITLE
18.1 Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller gives the Goods to the Buyer, or in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery.
18.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the Price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.
WARRANTY
19.1 Where the Goods are found to be defective, the Seller shall replace defective Goods free of charge within the manufacturer’s warranty period if acceptable from the date of delivery, subject to the following conditions;
19.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
19.1.2 the defect being due to faulty design, materials or labour;
19.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller
19.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer and the Buyer shall have no other remedy against the Seller
19.4 The Seller shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has already been paid
19.5 The remedies contained in this Clause are without prejudice and subject to the other Conditions herein
RELATIONSHIP OF PARTIES
20.1 Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Conditions shall be deemed to construe either of the parties as the agent of the other.
ASSIGNMENT OF SUB-CONTRACTING
21.1 The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
WAIVER
22.1 The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement.
SEVERABILITY
23.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
ENTIRE AGREEMENT
24.1 These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.
GOVERNING LAW AND JURISDICTION
25.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.
DATE: June 2022