“Educhem Ltd” shall mean any trainer, its successors and assigns or any person acting on behalf of and with the authority of Educhem Ltd.
“Client” shall mean the client (or any person acting on behalf of and with the authority of the client) as described on any registration form or any other form provided by the trainer to the client.
“Guarantor” shall mean that person (or persons) or entity, who agrees to be liable for the debts of the client on a principal debtor basis.
“Services” shall mean all services, training or otherwise, supplied by Educhem Ltd to the client (and includes any advice or recommendations) and are as described on the invoices, quotations, training authorization or any other forms as provided by Educhem Ltd to the client.
“Price” shall mean the price payable for training or services as agreed between Educhem Ltd and the client in accordance with Clause 3 of this contract.
Any instructions received by Educhem Ltd to the client for the supply of services and/or the client’s acceptance of services supplied by Educhem shall constitute acceptance of the terms and conditions herein.
Where more than one client has entered into this agreement, the clients shall be jointly and severally liable for all payments of the price.
Upon acceptance of these terms and conditions by the client(s), the terms and conditions are binding and can only be amended with the written consent of Educhem Ltd.
The client shall give Educhem Ltd no less than 3 days prior written notice if unable to attend any booked training courses or site visits and will be liable for any costs incurred by Educhem Ltd for failure to comply with this clause.
Educhem Ltd reserves the right to refuse admittance to courses, or carry out any site visits if Educhem Ltd suspects that the person may be under the influence of drugs or alcohol, or be carrying the above or goods of a dangerous nature.
PRICE AND PAYMENT
At Educhem Ltd’s sole discretion the price shall be either:
As indicated on advertising material or invoices provided by Educhem Ltd in respect of services provided or
Educhem Ltd’s current price at the time of delivery of the services according to Educhem Ltd’s current price list or
Educhem Ltd’s quoted price (subject to Clause 3.2) which shall be binding upon Educhem Ltd provided that the client shall accept Educhem Ltd’s quotation in writing within 30 days.
Educhem Ltd reserves the right to change the price in the event of a variation to Educhem Ltd’s quotation
At Educhem Ltd’s discretion, a deposit may be required
At Educhem Ltd’s sole discretion:
Payment shall be due on delivery, on completion of the services provided, or
Payment shall be due prior to delivery of services
Time payment for services shall be of the essence and shall be stated on either the initial confirmation letter or the invoice. If no time is stated then payment shall be due on the twentieth of the month. An invoice shall be sent to the address supplied by the client
Payment may be made by cheque, bank cheque, cash or direct debit.
GST and any other taxes or duties that may be applicable shall be added to the price except when they are expressly included in the price.
DELIVERY OF SERVICES
At the discretion of Educhem Ltd the delivery of services shall take place at:
Educhem Ltd’s address
Client nominated address
Any other location deemed appropriate by Educhem Ltd
The failure of Educhem to deliver the services shall not entitle either party to treat this contract as repudiated
Educhem Ltd shall not be liable for any loss of income or costs incurred by the client due to failure by Educhem Ltd to deliver services promptly, or at all, which are due to circumstances beyond the control of Educhem Ltd. (see General section)
The client and Educhem Ltd agree that certificates or other documents required by the client shall not be issued until:
The client has paid in full the amounts owed to Educhem Ltd for the particular services delivered, and
The client has met all the obligations required by Educhem Ltd or it’s governing bodies in respect to the contract between the client and Educhem Ltd.
Receipt by Educhem Ltd of any form of payment other than cash, shall not be deemed to be payment until that form of payment has been honored, cleared or recognized and until then, Educhem Ltd’s ownership or rights in respect of the services shall continue.
A partial refund will be given only in the event of any reason Educhem Ltd is unable to or prevented from delivering the services
Where services have commenced and then not completed by Educhem Ltd for any reason, the amount of the refund given shall be at the sole discretion of Educhem Ltd and subject to the extend of service already provided
The client acknowledges that under no circumstances shall Educhem Ltd be liable for the client’s inability to complete the services for any reason, and such an event shall not validate the refund of the price by Educhem Ltd.
The client acknowledges that the services offered by Educhem Ltd may be of a hazardous nature (including but not limited to terrain, weather conditions, agrichemical exposure, application equipment). The client agrees to indemnify Educhem Ltd against all liability for any injury or damage incurred while the services are being provided by Educhem Ltd.
The client acknowledges it is their responsibility to advise Educhem Ltd of any relevant information that may impact on the way the ser vices are to be provided by Educhem Ltd and agrees to indemnify Educhem Ltd against all claims arising, where it is evident that the client has failed to provide such information
Educhem Ltd acknowledges it is their responsibility to provide the client(s) with any relevant information that may impact on the services provided and takes no responsibility for any loss, damage or injury incurred by the client(s) where this information has been disregarded.
CONSUMER GUARANTEES ACT 1993
If the client is acquiring services for the purpose of trade or business, the client acknowledges that the provisions of the Consumer Guarantees Act 1993 do not apply to the services by Educhem Ltd to the client.
DEFAULT AND CONSEQUENCE OF DEFAULT
Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at the rate of two and a half percent(5%) per calendar month (and at Educhem Ltd’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
In the event that the client’s payment is dishonored for any reason, the client shall be liable for any dishonor fees incurred by Educhem Ltd
If the client defaults in payment of any invoice when due, the client shall indemnify Educhem Ltd from and against all costs and disbursements incurred by Educhem Ltd in pursuing the debt, including legal costs of a solicitor and own client basis and Educhem Ltd’s collection agency costs.
Without prejudice to any other remedies Educhem Ltd may have, if at any time the client is in breach of any obligation (including payment), Educhem Ltd may suspend or terminate the supply of services to the client and any of its obligations under the terms and conditions. Educhem Ltd will not be liable to the client for any loss the client suffers because Educhem Ltd has exercised its rights under this clause.
If any account remains overdue after thirty (30) days then an amount of 10.00% of the amount overdue shall be levied for administration fees which sum shall become immediately due and payable.
DEFERMENT OF SERVICES
Educhem Ltd may defer services to which these terms and conditions apply or defer delivery of services at any time before the services are delivered by giving written notice (email or letter) to the client.. The reasons for deferment of services includes but is not limited to, insufficient numbers to deliver the services or inability by Educhem Ltd to meet its contractual obligations due to weather conditions, travel disruptions or for any other reason that Educhem Ltd deems sufficient to defer provision of services.
In the event that delivery of services is deferred, Educhem Ltd will refund the deposit paid in advance by the client to offset any losses incurred by the client. Where no deposit has been paid in advance, the client will be liable for any loss incurred by the deferment.
Where the client fails to show for agreed, arranged delivery of services by Educhem Ltd, Educhem Ltd shall bill the client for any losses (including financial) incurred as a result of the client failing to attend said arranged courses or training.
PRIVACY ACT 1993
The client(or guarantor) accepts that information required for the purpose of issuing certification to the client is mandatory and authorizes Educhem Ltd to collect, retain and use the client’s information for the purpose of assessing the client.
The client has the right to request Educhem Ltd to correct and incorrect information about the client and/or guarantor held by Educhem Ltd.
Educhem Ltd will not disclose or use any information regarding the client without first requesting permission from the client.
Educhem Ltd has the right to use any information given to Educhem Ltd by the client for the purpose of issuing documentation required by the client.
If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
Educhem Ltd shall be under no liability to the client for any indirect loss and/or expense ( including loss of profit) suffere4d by the client arising out of a breach by Educhem Ltd of these terms and conditions
In the event of any breach of this contract by Educhem Ltd the remedies of the client shall be limited to damages which under no circumstances shall exceed the price of the services.
The client shall not be entitled to set off against or deduct from the price any sums owed or claimed to be owed to the client by Educhem Ltd
Educhem Ltd may sub- contract part or all of its rights and obligations without the client’s consent.
Educhem Ltd reserves the right to review these terms and conditions at any time. If there are changes made as a result of this review, then the change will take effect from the date Educhem Ltd notifies the client of such changes.
Neither party shall be liable for any default due to an act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or any other event beyond the reasonable control of either party.
The failure by Educhem Ltd to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Educhem Limited’s right to subsequently enforce that provision