The Manufacturing Institute

Terms and Conditions

TPMI (TRADING) LIMITED

TERMS AND CONDITIONS FOR THE SUPPLY OF SERVICES

1. Interpretation

1.1 In these Conditions: “Contract” means the contract for the provision of the Services; "Customer” means the person, firm or company named on the Booking Form for whom TPMI has agreed to provide the Services in accordance with these Conditions;

“Delegate(s)” means the person or persons who will be attending the Programme as specified in the Booking Form;

“Document” includes, in addition to a document in writing, a plan, design, drawing, picture or other image, or any other record of any information in any form;

“Fees” means the fees shown in TPMI’s brochure or other published literature relating to the Services from time to time;

“Programme” the programme to be attended by the Delegate(s) as set out in the Booking Form;

“Programme Material” means any Documents or other materials, and any other information provided by TPMI in relation to the Services;

“Booking Form” means the form to which these Conditions are appended;

“Services” means the educational programme(s) and/or practitioner support services to be provided by TPMI for the Customer/Delegate(s) as set out in the Booking Form;

“TPMI” means TPMI (Trading) Limited (registered in England under number 3004124);

“Writing” includes facsimile transmission and electronic mail.

2. Supply of the Services

2.1 TPMI shall provide the Services to the Customer subject to these Conditions. By signing the Booking Form, the Customer agrees on behalf of itself and the Delegate(s) to be bound by these Conditions. These Conditions constitute the entire agreement between TPMI and the customer and may not be varied except in Writing by TPMI.

2.2 Bookings are accepted at the discretion of TPMI and may also be subject to individuals being offered a place on a programme by the accrediting institution where applicable. Bookings are not transferable without the prior consent in writing of TPMI.

2.3 The Customer shall fully complete the Booking Form and shall, at its own expense, supply TPMI with all necessary and other information within sufficient time to enable TPMI to provide the Services in accordance with the Contract.

2.4 The Services shall be provided in accordance with the Booking Form and otherwise in accordance with TPMI’s current brochure or other published literature relating to the Services from time to time, subject to these Conditions.

2.5 TPMI may correct any typographical or other errors or omissions in any brochure, promotional literature or other document relating to the provision of the Services without any liability to the Customer, provided that if such correction materially affects the nature or quality of the Services, the Customer shall be entitled to cancel the Contract without incurring any cancellation Fees.

2.6 TPMI may at any time without notifying the Customer make changes to the Services which do not materially affect the nature or quality of the Services.

3. Fees

3.1 The Customer shall pay the Fees for the provision of the Services.

3.2 All Fees quoted to the Customer for the provision of the Services are exclusive of any Value Added Tax, for which the Customer shall be additionally liable at the applicable rate from time to time.

3.3 The full Fees, or appropriate first instalment, must be received by TPMI at least 7 days prior to commencement of the Services. The Customer commits to paying the full programme fee regardless of any instalment arrangements that may have been agreed. Should a delegate leave a programme before the full fee has been paid then any outstanding amount for that delegate will immediately become due for payment.

3.4 If payment of the Fees or any agreed part thereof is not made by the due date, TPMI shall be entitled without notice to charge interest both before and after any judgement on the outstanding amount at the rate of 2% per annum above the Bank of England base rate accruing daily.

4.0 Cancellation

4.1 If the Customer wishes to cancel the  Contract for any reason, it must send notice of cancellation in Writing to TPMI.

4.2 In the event of cancellation of a short programme (i.e. a programme of less than 6 months duration) by the Customer, a full refund will only be payable if notice of cancellation is received by TPMI at least 21 days before the commencement of the programme. For a long programme (i.e. a programme of more than 6 months duration) 42 days notice of cancellation will be required.

4.3 If notice of cancellation for a short programme is received by TPMI less than 21 days prior to the commencement of the Services, the following cancellation fees shall apply:

Date of receipt of cancellation notice by TPMI

Cancellation Charge

14-20 days prior to commencement of the Services - 50% of the Fees

7-13 days prior to commencement of the Services - 75% of the Fees

Less than 7 days prior to commencement of the Services - 100% of the Fees

4.4 If notice of cancellation for a long programme is received by TPMI less than 42 days prior to the commencement of the Services, the following cancellation fees shall apply:

Date of receipt of cancellation notice by TPMI Cancellation Charge

28-41 days prior to commencement of the Services - 50% of the Fees

14-27 days prior to commencement of the Services - 75% of the Fees

Less than 14 days prior to commencement of the Services - 100% of the Fees

5. Rights to Programme Material

5.1 The property and the copyright or other intellectual property rights in any Programme Material shall belong to TPMI, subject only to the right of the Customer to use the Programme Material for the purposes of utilising the Services.

6. Warranties and Liability

6.1 TPMI warrants that the Services will be provided using reasonable care and skill.

6.2 TPMI gives no warranty that the use made by the Customer of any information received during the provision of the Services will achieve the Customer’s desired result in its own business

6.3 TPMI shall have no liability to the Customer for any loss, damage, costs, expense or other claims for compensation arising from any instructions supplied by the Customer which is incomplete or inaccurate, or arising from their late arrival or nonarrival, or any other fault of the Customer.

6.4 To the fullest extent allowed by law, TPMI shall not be liable to the Customer for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of TPMI, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by the Customer and the entire liability of TPMI (excluding that for personal injury or death caused by its negligence) under or in connection with the Contract shall not exceed the amount of TPMI’s Fees for the provision of the Services.

6.5 TPMI shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of TPMI’s obligations in relation to the Services. If the delay or failure was caused by circumstances beyond TPMI’s control.

6.6 Nothing in these Conditions shall exclude TPMI’s liability for death or personal injury caused by its negligence.

7. General

7.1 No failure or delay by TPMI in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by TPMI of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

7.2 If any provision of these Conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected and shall remain in full force and effect.

7.3 English law shall apply to the Contract, and the parties agree to submit to the exclusive jurisdiction of the English courts.

7.4 A person who is not a party to these Conditions shall have no right under the Contract (rights of Third Parties) Act 1999 to enforce any terms of these conditions but this shall not effect any right or remedy of a third party which exists or is available apart from that Act.

 

 

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