Terms and conditions for Training and OHS Services Rendered
(a) These conditions apply to all present and future transactions for the supply of training and or services directly provided by Margaret Lewis to the exclusion of any terms and conditions stipulated by the Customer in any other agreement.
(b) These conditions, the quotation and the invoice constitute the entire agreement between Margaret Lewis and the Customer for the supply of training and or services. The agents of Margaret Lewis are not authorised to make any representations concerning the training and or services unless confirmed by Margaret Lewis in writing. The Customer acknowledges that it does not rely upon and waives any claim for breach of any representations which are not so confirmed.
(c) These conditions may not be varied other than in writing by Margaret Lewis.
(d) These conditions also include information regarding other training and or services that appear on Margaret Lewis’s website and or advised to clients by Margaret Lewis is provided as a free service and advise my Customers that their terms, conditions, prices, course information and training and or services may vary without notice.
(e) These conditions apply to (d) in respect of any public liability, professional indemnity or legal claim against Margaret Lewis for their terms, conditions, prices, course information and training and or services.
2. Course Booking
2.1. Course booking will be confirmed by either email confirmation of the Customers acceptance of quotation or by completing the attached booking form supplied with my quotation.
2.2. Completed site training form must be received by Margaret Lewis no later than 2 weeks before the commencement of training course delivery.
2.3. Final numbers of course participants must be confirmed by the Customer within one week of the course delivery date.
3. Services Booking
3.1 OHS Services booking will be confirmed by email confirmation of the Customers acceptance of quotation.
3.2 Times and date / s of service provision must be confirmed in writing by the Customer as acceptance of the quotation.
4. Delivery & Payment
4.1 Delivery of work shall be accepted when the training and or service is completed and payment shall become due.
4.2 Once participant numbers for training are confirmed Margaret Lewis may invoice for any participants that do not attend the training course.
4.3 Unless otherwise specified the cost is for delivery of the training and or service to the Customer’s address as set out in the quotation.
4.4 A charge may be made to cover any extra costs involved for delivery of the training and or service. See outside Sydney Metropolitan area fees.
4.5 Provision of training and or services outside Sydney Metropolitan Area is defined as beyond Waterfall / Brooklyn / Mt Victoria / Palm Beach area.
4.6 Travel allowance / payment of 70 cents per kilometer, return trip, outside the above defined area may be charged to the Customer and stated on the quotation provided.
4.7 In areas that are 3 hours or more traveling from the Sydney Metropolitan area – overnight accommodation is required the day before and after the course delivery. CPR and Manual Handling courses require only one overnight accommodation.
4.8 Accommodation for the trainer or service provider must be either booked and paid for by the Customer or organised, booked and paid for by Margaret Lewis and will appear on the Customer invoice for payment.
5. Payment Terms
5.1 Margaret Lewis shall be entitled to invoice the Customer for all training and or service delivered at their completion.
5.2 Payment shall unless otherwise agreed in writing be made in full without any deduction or set-off within 14 days of the date of the invoice.
5.3 Margaret Lewis may apply a $20 per day interest payment on overdue invoices.
6.1 Should the Customer change, reject, cancel or stop any or all of the provisions contained in the quotation then Margaret Lewis shall be entitled to charge for all or any work already carried out in accordance with the terms of the quotation or any further instructions from the Customer including labour, materials used or specifically ordered on the Customer’s behalf.
6.2 Should the Customer re-book the training and or service within 30 days of cancellation in writing then no cancellation fee will apply.
7. Limitation of Liability
7.1 While Margaret Lewis makes reasonable endeavours to carry out its obligations, Margaret Lewis shall not be liable in contract or tort or under any head of legal liability for any damages costs claims expenses or interest arising out of the performance or alleged non-performance of work to be undertaken in accordance with the quotation or these terms and conditions by Margaret Lewis and in particular (without limiting the foregoing) shall not save where otherwise required by law or Order of the Court accept liability for:
(a) consequential loss or damage of any kind including loss of turnover, sales, revenue or profits unless the type of loss or damage was specifically drawn to the attention of Margaret Lewis at the date of the quotation.
(b) any claim for an amount in excess of the agreed price.
7.2 Insofar as is permitted by law where work is defective for any reason, including negligence, Margaret Lewis’s liability (if any) shall be limited to rectifying such defect. Where Margaret Lewis performs its obligations to rectify defective work under this condition the Customer shall not be entitled to any further claim in respect of the work done nor shall the Customer be entitled to any further claim in respect of the work done nor shall the Customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or cancelling further training and or services.
7.3 Margaret Lewis shall not be liable in respect of any shortage or failure to supply training and or service where such shortage of or failure is due to act of God or any other reason beyond the control of Margaret Lewis and Margaret Lewis in such circumstances will not be liable in respect of any consequential loss to the Customer.
8. Notification of Claims
Margaret Lewis shall not accept liability for any claim whatsoever unless within seven days of the supply of training and or services or in the case of any defect not reasonably discoverable at the date of the supply within seven days after the date of discovery of the defect by the Customer the Customer gives Margaret Lewis notice in writing of the matter or thing in respect of which claim is made. If notice is not given as aforesaid the Customer shall be deemed to have accepted the supply and shall pay for the same accordingly.
Without prejudice to other remedies, if the Customer becomes insolvent (that is if it is unable to pay its debts or has a winding up petition issued against it or has a receiver, administrator or administrative receiver appointed to it) Margaret Lewis shall have the right not to proceed further with any training and or service for the Customer. Any unpaid invoices shall become immediately due for payment.
10. Force Majeure
The Business shall not be liable in respect of any shortage or failure to supply where such shortage of or failure is due to act of God or any other reason beyond the control of the Business and the Business in such circumstances will not be liable in respect of any consequential loss to the Client.