The purchaser contracts with Schenck Limited (Schenck) on its own behalf and on behalf of person (students) who are enrolled by the purchaser on Schenck courses including courses on all Schenck premises (United Kingdom and West Germany) and on the purchasers premises (On Site Courses).
Schenck Limited General Conditions of Sale (SUK 90/1) Version III and Training Terms and Conditions supersede and replace any previous agreements, proposals or representations made between the purchaser and Schenck for the provision of Facilities and Seminars and On Site Courses. These terms and conditions shall prevail notwithstanding any terms and conditions contained in an order submitted by the purchaser. Any variation to these terms and conditions must be agreed to in writing by Schenck.
The waiver by Schenck of any breach of any terms 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.
The purchaser hereby certifies that all students are employed directly by the purchaser and undertakes to bring these terms and conditions to the attention of the students.
The student should be suitably qualified or experienced as it may be difficult or impossible for this student to reach the targets of the seminar.
4. CONFIDENTIALITY AND COPYRIGHT
The purchaser and students will not:
(a) Disclose or provide or make available to any person other than the purchaser or Schenck, or remove from Schenk premises any Schenck documentation, programme materials or copies thereof acquired as a result of receiving Schenck training without Schencks prior written consent.
(b) Copy in whole or part any materials acquired as a result of receiving Schenck training except under the supervision of and in accordance with the instructions of Schenck personnel. Programme materials consist of the basic materials and their related optional materials for Schenck program products, Schenck special programs and any other Schenck licensed programs.
(c) Schenck training materials and courses are provided for the exclusives use of the purchaser and students, all rights in such materials and course are reserved. The recording, copying, loan, unauthorised hire, public showing or broadcasting of such materials and courses is prohibited.
a. Schenck will indemnify the purchaser and students against direct injury or death caused by defects in any of Schenck products or by the negligence of its employees whilst on Schenck premises.
b. Schenck will indemnify the purchaser and students against direct damage to property caused by any of the Schenck products or by the negligence of Schenck employees whilst on Schenck premises.
c. Schencks total liability under the above sub-clauses shall be limited to £500,000 for any one event or connected events.
d. Students should ensure that adequate health insurance is carried whilst attending seminars in countries outside the United Kingdom.
6. START DATE/DELIVERY
On site training and facilities and seminars will commence on he date specified by Schenck in the confirmation of acceptance issued to the purchaser. Schenck shall not be liable for any costs or damages suffered by the purchaser or students as a result of the cancellation or postponement of either on site courses or facilities or seminars. Subject to regular attendance, the students will be awarded a certificate at the end of the seminar
7. SAFETY REGULATIONS
The participants are obliged to observe all safety regulations and accident prevention rules applicable in our facilities as well as all other regulations therein, in particular access regulations /limitations.
We reserve the right to adapt the contents of seminars in favour of the latest state of technology without prior notice. Thereby deviation from the description/announced topics may occur in some cases.
All materials and audio visual media e.g. video-cassettes audio tapes and work books supplied by Schenck are warranted for a period of ninety (90) days. Computer media e.g. disk packs, magnetic tapes etc, is warranted against defects in material and workmanship under normal proper use in its original and unmodified condition for the period set for the above. If found defective by Schenk within the terms of this warranty Schencks sole obligation shall be to repair or replace (at its option) the defective product. If Schenck 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 Schenck. Schenck shall not be liable for any errors or omissions in any written material supplied by Schenck.
10. CANCELLATION AND TRANSFER
a. The purchaser agrees to pay the following charges to Schenck in the event that for whatever reason a student fails to attend, withdraws or transfers from a course without providing at least twenty-eight (28) days written notice prior to the schedules start of the course.
Notice Cancellation Charge
28 -14 days 25% of fee
14 - 7 days 50% of fee
Less than 7 days 90% of fee
Notice Transfer Charge
28 -14 days 10% of fee
14 - 7 days 25% of fee
Less than 7 days 50% of fee
b. In the event that in the respect of the same booking, the purchaser transfers a student for a second time, then the purchaser shall pay to Schenck an amount equal to the cancellation charges which would have been payable had the first transfer in fact been a cancellation.
c. Students on courses which are cancelled by Schenck for whatever reason including Force Majeure conditions will incur no cancellation or transfer charges and will be placed on the next available course.
11. PAYMENT TERMS
Unless otherwise stipulated by Schenck, fees for all courses are to be submitted with order, V.A.T. is to be included with payment at the standard rate.
The purchaser shall not assign the benefit of this agreement without obtaining the prior written consent of Schenck.
13. DATA PROTECTION ACT
The student accepts the processing of their personal data insofar as within the scope of the intended purpose of the training.
14. PROPER LAW
The proper law governing the agreement shall be English and the forum for settling disputes under this agreement shall be the English courts.