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of Noise and Vibration - Call us on 0844 500 9551
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Terms and Conditions of Sale
a) These Terms and Conditions apply to all services and products offered by Focus Health and Safety.
b) Due to the nature of these services and products, these Terms and Conditions may differ from other terms and conditions that you may have seen, either for other products you have purchased from Focus Health and Safety or for products you have purchased from third parties.
c) Accordingly, you should read these Terms and Conditions and ensure that you have understood them in full prior to making your purchase.
d) By completing and submitting a Booking Form or an Electronic Booking you are making an offer to purchase goods which, if accepted by us, will result in a binding contract. Submitting any Booking shall be taken as unequivocal confirmation from you that you have read, understood and agree to be bound by these Terms and Conditions.
e) It is Focus Health and Safety's policy to treat those buying our services and products in a fair and honest way. You should note that your statutory rights under the current consumer protection laws are not affected.
1 Payment and delivery terms
1.1 Focus Health and Safety will invoice upon receipt of a Booking Form or Electronic Booking. Unless otherwise notified in writing by Focus Health and Safety, the Customer shall pay all invoices in full at the time of submitting an Electronic Booking or upon receipt of invoice and no later than 7 days prior to the course start date.
1.2 Should any payment or any part payment become overdue Focus Health and Safety reserves the right to:
a) re-allocate the course place to another delegate and/or;
b) charge interest at a rate of 3% per annum above the NatWest Bank base rate ruling, calculated from the date due, to recover its expenses including legal fees and costs of collection and to suspend delivery of training.
1.3 All payments will be made without counterclaim or any other withholding.
1.4 Courses are only open to the employees of the Customer (unless the Customer has the prior written consent of Focus Health and Safety) and are not for re-sale by the Customer.
2 Prices and special offers
2.1 The prices quoted on our Website, www.focushealthandsafety.com and in our sales literature are correct at the date of publication (that is the earliest course date published within any of our literature) and for 90 days thereafter. Focus Health and Safety reserves the right to adjust these prices in order to meet their true cost outside this period.
2.2 Unless a written quotation has been given (whereupon the price quoted will be fixed for a period of thirty days or such other period as is specified therein) the price for the service is subject to alteration without notice and the price charged will be that applicable at the date of Focus Health and Safety’s acceptance of the Order.
2.3 Any discounts offered on Focus Health and Safety’s courses are exclusive.
2.4 All prices are exclusive of VAT, which will be added as separate items on Focus Health and Safety’s invoice.
3 Booking cancellation
3.1 All Booking cancellations of must be made in writing, by post or email to: Focus Health and Safety, Atkins Building, Lower Bond Street, Hickley, Leicestershire LE10 1QU / firstname.lastname@example.org
3.2 All Booking cancellations to must be received by Focus Health and Safety no later than 14 days prior to the start date of the course. All Booking cancellations received later than 14 days prior to the start of the course shall be subject to an Administration Fee of 25% of the total course and accreditation price.
3.3 Should the Customer or their delegate fail to attend the course without giving notice in accordance with these Terms and Conditions the full course fee shall remain payable to Focus Health and Safety.
3.4 Should Focus Health and Safety cease to deliver a course ordered and paid for by the customer, Focus Health and Safety will offer the customer a full refund or course of equal value.
4 Booking transfers
4.1 Any delegate who wishes to transfer a Booking to a later course, may do so up to 48 hours before the originally-booked course start date. No additional fee will be charged for Booking transfer requests made more than 48 hours notice.
4.2 If that transfer is subsequently cancelled and/or the delegate fails to attend, the full course fee remains payable.
4.3 Each delegate is only permitted to make one transfer per course.
5 Change of delegate details
5.1 There will be no charge if a substitute person wishes to replace the original delegate. To inform Focus Health and Saftey of any change to the original Booking the Customer must send an e-mail to email@example.com
6 Course re-scheduling and/or cancellation
6.1 Focus Health and Safety reserves the right to cancel a course at any time without liability. In these circumstances, delegates will be offered an alternative date, a credit note or a full refund.
7 Refund policy
7.1 This refund policy is in accordance with the EU Distance Selling Directive which came into force in 2000 and is part of UK law under the Consumer Protection (Distance Selling) Regulations 2000. This law applies to all transactions within the UK where a consumer does not meet the vendor face to face.
7.2 In accordance with the above law, the Customer shall have a 7-day 'cooling off period' in which, the Customer has the right to cancel the Booking and receive a refund. A reason for cancelling the Booking will not be required.
7.3 Should the Customer cancel your purchase within this 7 day 'cooling off' period, Focus Health and Safety will refund the Booking payment. The refund will be made within 30 days of the Booking cancellation.
8 Focus Health and Safety’s indemnity and limitation of liability
8.1 The Customer agrees to indemnify and keep indemnified Focus Health and Safety, their successors and assigns, and each of their respective directors, officers, employees and agents from and against any and all liability, damages, losses, claims (including reasonable legal fees) resulting in any way from the Customer’s use of or interpretation of the Course and from any material posted on the Course website or from any other matter relating to the Course, including but not limited to use of the information contained in the Course. Neither Focus Health and Safety nor its employees, trainers or consultants can accept responsibility for delegates' actions, or those of other people reading the course notes or interpreting the training, or responsibility for any loss incurred as a result of relying on the training or the training notes.
8.2 Neither Focus Health and Safety nor its trainers, agents or employees will be liable for breach of contract, negligence or otherwise for any loss or consequential loss, damage to reputation or goodwill, loss of business or anticipated business, damages, costs, expenses incurred or payable to any third party or any other indirect or consequential losses occasioned to any person acting, omitting to act, or refraining from acting, in reliance upon the training material or arising from or connected with any error or omission in the training material.
8.3 Except as may be implied by law, in the event of any breach of these Terms and Conditions by Focus Health and Safety the remedies of the Customer shall be limited to damages which shall in no circumstances exceed the price of the Course.
8.4 Nothing in these Terms and Conditions shall exclude or limit the liability of the Focus Health and Safety for death or personal injury resulting from the negligence of the Focus Health and Safety or that of Focus Health and Safety’s trainers, agents or employees.
9.1 No waiver by the Focus Health and Safety (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
10 Force majeure
10.1Focus Health and Safety 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, lockouts, 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.
11.1 If any term or provision of these Terms and 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 Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
12.1 Notwithstanding any other provisions herein contained, and without prejudice to any other rights such party serving notice may have, Focus Health and Safety may forthwith terminate the access to the course by written notice to the Customer if the Customer commits any breach of these Terms and Conditions and fails to remedy such breach within 30 days of written notification by the Focus Health and Safety.
13.1 The headings in these Terms and Conditions are inserted for convenience only and shall not affect the interpretation.
14 Third party rights
14.1 These Terms and Conditions do not confer any rights on any person or party (other than Focus Health and Safety and / or the Customer) pursuant to the Contracts (Rights of Third Parties) Act 1999.
14.2 The Customer may not assign or sub-contract any rights or obligations under this contract to a third party unless the Focus Health and Safety agrees in writing.
15 Changes to these Terms and Conditions
15.1Focus Health and Safety may add to or change these Terms and Conditions at any time without prior notice. Changes will be effective immediately and you will be deemed to have accepted any change if you order training after that time.
16.1 Please note that these Terms and Conditions are not intended to replace or modify those contained in an existing and current agreement with Focus Health and Safety. In case of an inconsistency, the Terms and Conditions of your written agreement will prevail over those contained herein.
16.2 Focus Health and Safety courses are constantly updated and improved and Focus Health and Safety reserves the right to alter any of the courses' content without prior notice.
17 Governing law and jurisdiction
17.1 These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts. This Website is intended for use in the United Kingdom. Where UK regulatory authorities have jurisdiction over the contents of this web site, Focus Health and Safety has attempted to ensure compliance with the requirements of such regulatory body. No representation or warranty is made as to whether the information available in this Website complies with the regulatory regime of countries other than the United Kingdom.
18.1 Focus Health and Safety feel confident that we can unequivocally guarantee your total satisfaction with our services and products. You should note that your statutory rights under the current consumer protection laws are not affected.
Website Use Disclaimer
Copyright subsisting in the contents of this Website and all other Focus Health and Safety literature, including without limitation all trade marks, text, graphics and information, is owned Focus Health and Safety, save where expressly stated. Copying or reproduction of the whole or any part of this Website in any form, including electronic media, is expressly prohibited save that you may print or download to a local hard disk extracts for your own personal use, provided that you acknowledge www.focushealthandsafety.com as the source of the material.
address: Focus Health and Saftey, Atkins Building, Lower Bond Street, Hinckley, Leicestershire LE10 1QU