Terms & Conditions
Please contact us on 0044 (0)20 3291 1965 if you have any queries regarding our terms & conditions.
The Office Safety Company, The Fire Safety Training Company, The Onsite Safety Company and Business Safety Videos are subsidiary companies wholly owned by The Health & Safety Group Ltd registered in the United Kingdom no: 5250327
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DEFINITIONS
In these conditions:
- “the Conditions” means these terms and conditions of business
- “the Company” means The Health & Safety Group Ltd
- “the Customer” means any person firm or company which accepts a quotation of the Company for the sale of the services or whose order for the Services is accepted by the Company
- “the Recipient” means any person firm or company which the Customer requests and the Company agrees the Goods to be delivered to
- “the Services” means any Services, Supply of Products or Components of any kind which the Company is to supply in accordance with the Conditions
- “the Goods” means the goods which are the subject of the Contract upon which the Company is rendering the Services.
- “the Contract” means any contract for the sale of the services by the Company to the Customer
- “the Company’s Premises” means the location at which the Company designates
- “Force Majeure” means any circumstances beyond the reasonable control of the Company (including, without limitation, any strike lock-out or other form of industrial action)
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WARRANTY OF AGENCY
The Customer warrants that it is either the owner of the Goods or is authorised by such owner to accept the Conditions on the owner’s behalf
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QUOTATIONS AND TENDERS
Quotations and tenders by the Company are valid for a period of 30 days from the date of the quotation or tender unless otherwise stated or agreed by the Company in writing. All quotations and tenders are given by the Company on the condition that they do not constitute an offer of contract.
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CONTRACTUAL TERMS
- The Contract is, unless otherwise expressly agreed in writing by the Company, subject to the Conditions, which take precedence over any terms and conditions of the Customer. The Company shall not be bound by any variation waiver of or addition to the Conditions unless confirmed by it in writing
- The Company shall not be bound by any oral warranty or representation given or made or purported to be given or made on its behalf unless it is confirmed in writing by it
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PRICE
- The cost of the Service is Ex-works unless agreed in writing
- Prices exclude Value Added Tax and all other taxes or duties whatsoever which shall if applicable by payable by the Customer at the rate applicable from time to time
- The Company shall have the right to increase its prices to the Customer to account for any alterations to the Services requested by the Customer after the date of the Contract
- The Company shall have the right to increase its prices to the Customer to account for increases in the Company’s cost Insurance is not included unless requested in writing by the Customer
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MONEY BACK GUARANTEE
Should the customer be unsatisfied with delivered goods, items can be returned to the following address within 10 days of receipt of goods for a refund:
The Health & Safety Group Ltd
Building 5
3rd Floor
566 Chiswick High Road
Chiswick
London W4 5YFConditions of this the guarantee:
- This guarantee does not apply to any First Aid Products, Infection Control Products, Fire Extinguishers, Fire Safety Log Books or any items provided as downloadable files
- Only the cost of the items purchased are refundable, shipping costs are not refunded.
- All items must be returned by ‘to be signed for’ to ensure delivery.
- All items must be returned in perfect saleable condition.
Should you have any queries relating to your order, please email orders@hs-group.com or call 0844 870 8770 quoting your order number. You will find this number on your invoice.
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PURCHASERS OUTSIDE THE EUROPEAN UNION
For Purchasers outside the European Union you may be liable for import or sales tax in your own country. You will also be charged extra for postage and packaging. The amount The Health & Safety Group Ltd charge may differ from the amount actually billed by the Purchaser’s credit/debit card company, as the credit/debit card company will be calculating the rate of exchange in the Purchaser’s local currency.
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PAYMENTS MADE VIA WORLDPAY
Payment can be made by debit/charge cards as specified by RBS Worldpay in their secure payment pages at the time of order confirmation. For further information of RBS Worldpay’s terms and conditions and what cards Worldpay accepts and details of your transaction please visit www.rbsworldpay.com. Each order processed will have a unique order number supplied by RBS Worldpay secure online clearance via e-mail - please retain this email for future reference. In the event that you have a dispute regarding the amount that has been charged to your card please contact your credit/debit card company.
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PAYMENT CONDITIONS
Unless otherwise agreed all invoices are payable in full, without discount of any kind in pounds sterling within 30 days of the date of the invoice. In no circumstances whatsoever shall the Customer be entitled to make any deduction or claim any set-off or withhold payment on any invoices for any reason at all.
Without prejudice to any other right or remedy that the company may have, if the customer fails to pay the company on the due date, the company will exercise its statutory right to claim interest and compensation for debt recovery costs under the late payment legislation.
Interest shall be charged on outstanding balances at the rate of 8.0% over base rate of the Bank of England from time to time in accordance with the Late Payment of Debts Act. The Customer shall not be entitled to withhold or set-off payment for goods delivered or work done for any reason whatsoever.
Also in accordance with the Late Payment of Debts Act, the company is entitled to claim compensation from a customer when a debt remains unpaid after the date specified on the contract, or in the absence of a contract, 30 days after the delivery of the goods or service.
- An unpaid debt of up to £999.99 will incur a compensation entitlement of £40
- An unpaid debt of £1,000.00 to £9,999.99 will incur a compensation entitlement of £70
- An unpaid debt of £10,000.00 or more will incur a compensation entitlement of £100
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DELIVERY; PERFOMANCE
- Goods are normally despatched directly from the suppliers, therefore if you order goods from different suppliers, the goods may arrive separately. Please allow 2-5 working days for delivery in the UK and 28 days for overseas orders.
- Goods are delivered to the Customer when the Company makes them available to the Customer or any agents of the Customer or the Recipient or any carrier (who shall be the Customer’s agent whoever pays his charges) at the Company’s premises or other delivery point agreed in writing by the Company
- The Company may package and deliver the Goods by instalments in any sequence
- The Company will use all reasonable endeavours to package and have the Goods ready by any date quoted by the Company or specified by the Customer but time shall not be of the essence and such dates shall not form part of the Contract
- If the Customer or the Recipient fails to take delivery of the Goods or any part of them on the date they are made available and/or fails to provide written instructions or any documents licences consents or authorisations required to enable the Goods to be delivered the Company shall be entitled to store or-arrange for the storage of the Goods and delivery shall be deemed to have taken place and the “Customer shall pay to the Company all cost and expenses including storage and all charges arising from its failure
- The Company shall not be liable for any penalty, loss, injury or damage or expense arising from any delay or failure in” delivery or performance from any cause whatsoever nor shall any such delay or failure entitle the Customer to refuse to accept any delivery or performance of or repudiate or terminate the Contract
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CLAIMS
- The Customer will notify the Company of any complaint within 21 days of the later of:
- the cause of the complaint coming to the Customer’s knowledge
- the Goods being delivered by the Company to or to the use of the Customer or the Recipient
- Delivery for the purpose of this clause shall include deemed delivery
- All claims under this clause must be in writing and contain full details of the claim including any details required by the Company
- The Company shall have reasonable time to investigate the claim and the Customer must make available the Goods in dispute for the Company to examine at the Company’s premises
- The Customer will notify the Company of any complaint within 21 days of the later of:
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WARRANTY
- The Company warrants only that it will use all reasonable skill and care in performing the services
- In no circumstances whatsoever shall the Company have any liability of whatever kind for any loss, damage, deterioration, delay, non-collection, non-delivery, mis-delivery, unauthorised delivery or miscompliance with instructions of or to or in connection with the Goods as a result of the Services
- Except in the case of death or personal injury caused by the Company’s negligence, the Company shall not be liable to the Customer by reason of any misrepresentation (unless fraudulent) for any loss or damage or any implied warranty condition or other term, or any duty at common law or under statute or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs expenses or other claims for compensation whatsoever (whether caused by the negligence of the Company its employees or agents or otherwise) which arise out of or in connection with the supply of the Services and the entire liability of the Company under or in connection with the Contract shall not exceed the invoice price of the Services except as expressly provided in the Conditions.
- If the Company is liable in accordance with this condition in respect of only part of the Services or some of the Goods the Contract shall remain in full force and effect in respect of the other parts of the Services in the Contract
- The Company shall not be liable in any circumstances whatsoever for goods which are lost or damaged in transit and all claims shall be made against the carrier
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TERMINATION
The Company shall have the right (without affecting any other claim right or remedy against the Customer) by notice in writing to the Customer to terminate with immediate effect the Contract if:
- any sum owing by the Customer to the Company is overdue under the Contract
- the Customer is in breach of any term of the Contract
- the provisions of Clause 17(b) apply
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FORCE MAJEURE
The Company shall not be deemed to be in breach of any agreement incorporating the Conditions or otherwise be liable to the Customer by reason of any delay in performance or non-performance of any of its obligations hereunder to the extent that such a delay on non-performance is due to any Force Majeure of which the Company has notified the Customer, and the time for performance of that obligation shall be extended accordingly.
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EXPORTS
- For the avoidance of doubt the Conditions apply to orders from Customers outside the United Kingdom as well as those from with the United Kingdom
- In addition Customers from outside the United Kingdom are Subject to the terms of this clause and if there is any inconsistency or discrepancy between this clause and the remainder of the Conditions then the terms of this clause shall prevail:
- orders must be covered by an irrevocable letter of credit to cover the purchase price and any other additional costs and charges whatsoever, confirmed by a London Clearing Bank unless other arrangements have been made and agreed between the Customer and the Company in writing
- the Company’s prices do not include F.G.B. charges or any delivery charges to docks, airports, or otherwise to the Customer’s order
- any obligation on the Company to carry or arrange for the carriage of any goods to any points outside the Company’s premises must be agreed with the Company in writing and be entirely at the Customer’s expense and the Company will invoice the Customer
- insurance is only affected on the Customer’s specific instructions and to the Customer’s specific requirements, notified to the Company in writing, and entirely at the Customer’s own expense and the Company is under no obligation to accept any instructions to affect any insurance cover
- The notification period be extended by 7 days
- Unless otherwise agreed in writing by the Company before the Contract is made it is the responsibility of the
- Customer to make provisions for the delivery of goods outside the Company’s Premises and to provide all necessary instructions, documents, licences, consents, authorisations, permissions and insurance required for the acceptance of the Goods from the Company on the due date
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GENERAL
- For the avoidance of doubt the Company may engage the Services or employ any person firm or company in order to carry out any obligation it may have to the Customer
- If the Customer fails to make any payment or otherwise defaults in any of its obligations under the Contract or any other contract or agreement with the Company or becomes insolvent, has a receiver appointed or is wound up (voluntarily or compulsory), or enters into any composition or arrangement with or for the benefit of its creditors, or the Company bona fida believes that any such event may occur, then the Company may suspend or terminate the supply of the Services and shall be entitled to forfeit any monies already paid
- The Contract and its subject matter are confidential and shall not be disclosed or used for any unauthorised purpose
- The Contract cannot be cancelled without the written agreement of the Company and upon payment by the Customer to the Company of 25% of the total contract price, or such other sum expressly agreed in writing by the Company
- Any notice required or permitted to be given by either party to the other under the Conditions shall be in writing sent by pre-paid registered or recorded delivery post addressed to that other party at its business address or last known business address and shall be deemed to be served on the first working day following that on which the notice was posted
- No waiver by the Company of any breach of Contract by the Customer shall be considered as waiver of any subsequent breach of the same or any other provision
- The Customer shall reimburse the Company any legal or other costs incurred by the Company in enforcing the terms of any contract incorporating the Conditions, such reimbursement to be on a full indemnity basis
- If any provision of the Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Conditions and the remainder of the provision in question shall not be affected thereby
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TRAINING COURSES
All course fees are payable in advance on receipt of invoice, unless credit facilities have been agreed. Whilst every attempt will be made to hold fees at the levels advertised, The Health & Safety Group Ltd reserves the right to change fees without prior notice.
- Course delegates may be substituted at any time prior to the commencement of training. Such changes should be notified to the course administrator at the office where the reservation was made.
- Cancellations will only be accepted when received in writing with these notice terms:
- Courses booked for individuals require three weeks or more notice for all fees to be refunded, otherwise payment will be charged in full.
- Courses booked for organisations require four weeks or more notice for all fees to be refunded, otherwise payment will be charged in full.
- Consideration will be given to requests for a transfer to another course if the course administrator is notified seven days or more before the course (initially booked) is due to commence.
- The Health & Safety Group Ltd reserves the right to cancel any course and in such cases any fees already paid will be refunded in full.
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USE OF OUR WEB SITES
The web sites, www.hs-group.com, www.officesafety.co.uk, www.onsite-safety.co.uk, www.fire-safety-evacuation.co.uk and www.onsite-safety.co.uk are the property of The Health & Safety Group Ltd and the unauthorised copying of material is prohibited. You agree to indemnify and hold harmless The Health & Safety Group Ltd and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgements (including legal fees and expenses) arising from or relating to your use of these websites.
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INTELLECTUAL PROPERTY
The copyright subsisting or which subsequently subsists in all documents, drawings, specifications, designs, programmes or any other material prepared by the Seller whether readable by humans or by machines in respect of the goods or work shall belong to the Seller absolutely and they shall not be reproduced or disclosed or used in its original or translated form by the Buyer without the Sellers written consent for any purpose other than that for which they were furnished. Notwithstanding any implied warranty or condition as to title or otherwise in relation to the goods supplied hereunder, the Seller shall not be liable to indemnify the Buyer in respect of any claim made or threatened against the Buyer by a third party whether by legal proceedings or otherwise based on a right claimed under letters, patent, trade-mark, copyright (whether registered as a design or not) or breach of confidence.
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JURISDICTION/APPLICABLE LAW
These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Disputes shall be exclusively subject to the jurisdiction of the courts of England and Wales. If any of these terms and conditions should be determined to be illegal or otherwise unenforceable by reasons of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable. These terms and conditions are complete and supersede any prior terms and conditions whether written or oral. If these terms and conditions are not accepted in full, you do not have permission to access the contents of this website and should stop using it immediately.