Terms and Conditions - QDL Services QDL Services

Terms and Conditions
We, QDL Training Limited, are pleased to set out the terms applicable to any training course that we provide to you.

  1. INTERPRETATION
    1.1. The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions).
    Client: the person, firm or company who books a place on a Training Course for its Delegates.
    Client Equipment: any equipment, systems, cabling, facilities, Documents, information or materials provided by the Client to QDL
    Training to be used directly or indirectly in the supply of the Training Course.
    Contact: the Client’s purchase order and QDL Training’s acceptance of it, or the Client’s acceptance of a quotation for a Training
    Course by QDL Training under condition 2.2.
    Course Fee: the fee for the Training Course as per the Training Prospectus or as set out in the Training Solutions Agreement.
    Course Material: all Documents, information, data, software and materials provided to the Client or the Delegates by QDL
    Training in relation to the Training Course.
    Delegate: a person nominated by the Client to attend the Training Course as set out in the Training Solutions Agreement.
    Document: includes, without limitation, in addition to any document in writing, any drawing, map, plan, diagram, design, picture or
    other image, tape, disk or other device or record embodied information in any form.
    Training Solutions Agreement (TSA): the Training Solutions Agreement or other proposal document provided to the Client by
    QDL Training setting out the details of the Training Course.
    QDL Training: QDL Training Limited a company registered in England and Wales with company number 09970153 whose
    registered office is at 40 Hillview Road, Sutton, Surrey, SM1 3NT
    QDL Training Trainer: QDL Training authorised trainer appointed by QDL Training and engaged in the provision of the Training
    Course.
    Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trademarks, service
    marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair
    competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in
    confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether
    registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent
    rights or forms of protection in any part of the world.
    Training Course: the Training Course to be provided to the Client by QDL Training under the Contract as set out in the Training
    Solutions Agreement.
    VAT: value added tax chargeable under English law for the time being and any similar additional tax.
    1.2. Headings in these conditions shall not affect their interpretation.
    1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality)
    1.4. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any
    amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
    1.5. Unless expressly stated otherwise, a reference to writing or written includes faxes and e-mail.
    1.6. Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow,
    permit or acquiesce in that thing being done.
    1.7. Reference to conditions are to the conditions of the Contract.
  2. APPLICATION OF CONDITIONS
    2.1. These Conditions shall apply to and be incorporated into the Contract and shall prevail over any inconsistent terms or conditions
    contained, or referred to, in the Client’s purchase order, confirmation of order, acceptance of a quotation, or specification or other
    Document supplied by the Client, or implied by law, trade custom, practice or course of dealing.
    2.2. The Client’s purchase order, or the Client’s acceptance of a quotation for a Training Course by QDL Training, constitutes an offer
    by the Client to purchase a place or places for its Delegates on the Training Course on these conditions. No offer placed by the
    Client shall be accepted by QDL Training other than:
    2.2.1. By written acknowledgement issued and executed by QDL Training: or
    2.2.2. (if earlier) by QDL Training starting to provide the Training Course.
    2.3. The Client’s standard terms and conditions (if any) attached to, enclosed with or referred to in any purchase order or other
    document shall not govern the Contract.
    2.4. Quotations are given by QDL Training on the basis that no Contract shall come into existence except in accordance with condition
    2.2. Any quotation is valid for the period of 30 days from its date, provided that QDL Training has not previously withdrawn it.
    2.5. Public course fees are published in the QDL Training Prospectus and are subject to change by QDL Training without prior notice.
  3. PERFORMANCE OF THE TRAINING COURSE
    3.1. Subject to the provisions of this condition 3 the QDL Training Trainer shall provide the Training Course to the delegates on such
    date(s) and at such location(s) as are specified in the Training Solutions Agreement.
    3.2. QDL Training shall use reasonable endeavours to:
    3.2.1. provide the Training Course in accordance with the Training Solutions Agreement;
    3.2.2. accommodate any special requirements of a Delegate communicated to QDL Training under condition 6.1.1 if QDL
    Training considers that it is both reasonable and practical to do so and provided that it shall not be liable under the
    Contract if, as a result of such observation, it is in breach of any of its obligations under the Contract; and
    3.2.3. Observe all health and safety rules and regulations, and any other reasonable security requirements that apply at
    3.2.4. The Client’s premises and that have been communicated to QDL Training under condition 6.1.6, provided that it shall
    QDL Training Limited – Registered Office – 40 Hillview Road, Sutton, Surrey, SM1 3NT – Registered in England Number 09970153
    not be liable under the Contract if, as a result of such observation, it it is in breach of any of its obligations under the
    Contract.
    3.3. In the event that the QDL Training Trainer specified in the Training Solutions Agreement is unable to provide the Training Course
    on the date or at the location specified in the Training Solutions Agreement, QDL Training shall use reasonable endeavours to
    provide a substitute QDL Training Trainer to provide the Training Course.
    3.4. QDL Training reserves the right to cancel the date for the Training Course and in this situation every effort will be made to
    reschedule the Training Course or to refund the Course Fees in full.
  4. ALLMI LORRY LOADER OPERATOR TRAINING
    4.1. Vehicle
    4.1.1. Must be in good working order and conform to current legislation.
    4.1.2. Boom Height Indicator must be operational.
    4.1.3. PTO engagement indicator and interlock must be operational.
    4.1.4. Vehicle must be available throughout the training session.
    4.2. Loader
    4.2.1. Must be in good working order.
    4.2.2. Must have a current test certificate, a copy of which must be provided before training commences.
    4.2.3. All safety features must be operational and conform to current legislation.
    4.2.4. Must be fitted correct attachment for type of training.
    4.2.5. Must have the manufacturer’s Operator Manual.
    4.2.6. The maximum rated capacity of the loader used for training will determine the size of loader the operator will be
    certificated to use, assuming all assessments are passed successfully. For this reason it should be ensured that the
    loader set aside for training falls into the ALLMI category that the operator wishes to be licenced for. If you are not
    familiar with the ALLMI categories system then please contact us.
    4.3. Lifting Accessories / Attachments
    4.3.1. All lifting accessories / attachments must be in good condition.
    4.3.2. Lifting accessories must be appropriate for the type of load being lifted.
    4.3.3. Lifting accessories must have a Report of Thorough Examination, a copy of which will be required before training
    commences.
    4.3.4. All lifting accessories / attachments must have rated capacity information attached.
    4.4. Working Area
    4.4.1. A working area equivalent to the loader’s maximum reach throughout its full slewing range plus two meters must be
    provided.
    4.4.2. The working area must be cordoned off. No other persons apart from the instructor and candidates should be in this
    area.
    4.4.3. The area should be firm, level and free from obstructions (overhead power lines, buildings, underground services, etc).
    4.4.4. Loads to be manoeuvred must be in this area before the practical session begins.
    4.5. Classroom
    4.5.1. A classroom will be required to seat 4 people and must include lighting and power points.
    4.5.2. If available, the following equipment should be provided:
    4.5.2.1. Overhead projector.
    4.5.2.2. Overhead projector screen.
    4.5.2.3. Flip chart / white board.
    4.5.3. The classroom must be available throughout the training session for the Instructor & Candidates only.
    4.6. Participants
    4.6.1. All participants must be advised of the training before commencement.
    4.6.2. If possible, prior knowledge of the equipment would be advantageous.
    4.6.3. Each participant to supply:
    4.6.3.1. National Insurance Number.
    4.6.3.2. Personal Protective Equipment (PPE) – Hard Hat, Safety Boots, High Visibility Jacket / Waistcoat and Gloves.
    4.6.4. Failure to produce the above on the day of training will result in exclusion from the course. Costs paid or those to be
    invoiced will not be refunded.
    4.7. Number of Candidates
    4.7.1. Experienced Operators – Maximum 4
    4.7.2. Novice Operators – Maximum 4
  5. COURSE CONTENT
    5.1. The QDL Training Trainer will endeavour to cover all the topics outlined in the Training Solutions Agreement, but QDL Training
    accepts no liability for the failure to cover all or any part thereof and reserves the right to vary the course contents at any time
    without reference or notification to the Client.
    5.2. Neither the statement of objectives nor any other matter contained in the course information definition in the Training Solution
    Agreement shall constitute a representation, condition or warranty by QDL Training that the delegates will achieve the objectives
    stated or otherwise achieve any particular level of knowledge or competence.
    5.3. The Client acknowledges that opinions expressed by the QDL Training Trainer on the Training Course are those of the individual
    trainer and not necessarily those of QDL Training.
  6. CLIENT’S SUBSTITUTIONS AND CANCELLATIONS
    6.1. CPC courses
    For CPC courses, where notification is received in writing less than four weeks prior to the commencement of the course, fees
    QDL Training Limited – Registered Office – 40 Hillview Road, Sutton, Surrey, SM1 3NT – Registered in England Number 09970153
    cannot be refunded or transferred. Where notification is received in writing more than four weeks prior to the commencement of
    the course, the full fee will be refunded or the booking may be transferred to another course. Any study material already issued
    must be returned before a credit is raised. You may substitute one delegate for another without penalty until registration takes
    place with OCR examination board.
    6.2. DGSA courses
    For DGSA training courses, where notification is received in writing less than four weeks prior to the commencement of the course,
    both the course fee and the examination registration fees will be payable in full. Due to the examination registration requirements
    for the scottish Qualifications Authority transfers or substitutions for the examination will not be possible. Where notification is
    received in writing more than four weeks prior to the commencement of the course, the full fee will be refunded or the booking
    may be transferred to another course.
    6.3. All other courses
    Where notification is received in writing more than four weeks prior to the commencement of the course, the full fee will be
    refunded or the booking may be transferred to another course.
    Where cancellation in writing is received less than four weeks but more than two weeks prior to the starting date of the course,
    fees cannot be refunded but can be transferred to another course and are subject to an administration fee of £50 plus VAT.
    Where notice of cancellation is received less than two weeks prior to commencement of the course, fees cannot be refunded or
    transferred.
  7. CLIENT’S OBLIGATIONS
    7.1. The Client shall:
    7.1.1. ensure that QDL Training is notified in advance of any special requirements relating to the Delegates;
    7.1.2. ensure that its Delegates have adequate competence, knowledge and skill to interpret and benefit from the Training
    Course;
    7.1.3. co-operate with QDL Training and the QDL Training Trainer in all matters relating to the Training Course;
    7.1.4. provide QDL Training, the QDL Training Trainer and QDL Training’s agents, subcontractors, and employees, in a timely
    manner and at no charge, with access to the Client’s premises, data and other facilities as reasonably required;
    7.1.5. provide to QDL Training and the QDL Training Trainer, in a timely manner, such Client Equipment and other information
    as QDL Training may reasonably require and ensure that it is accurate in all material respects;
    7.1.6. inform QDL Training and the QDL Training Trainer of all health and safety rules and regulations and any other reasonable
    security requirements that apply at any of the Client’s premises; and
    7.1.7. ensure that all Client Equipment is in good working order and suitable for the purposes for which it is used in relation to
    the Training Course and conforms to all relevant standards or requirements.
    7.2. If QDL Training’s performance of its obligations under the Contract is Prevented or delayed by any act or omission of the Client, its
    agents, subcontractors, consultants or employees, QDL Training shall not be liable for any costs, charges or losses sustained or
    incurred by the Client arising directly or indirectly from such prevention or delay.
    7.3. The Client shall be liable to pay to QDL Training, on demand, all reasonable costs, charges or losses sustained or incurred by QDL
    Training (including, without limitation, any direct, indirect or consequential losses, loss of profit and loss of reputation, loss or
    damage to property and those arising from injury to or death of any person and loss of opportunity to deploy resources elsewhere)
    arising directly or indirectly from the Client’s fraud, negligence, failure to perform or delay in the performance of any of its
    obligations under the Contract, subject to QDL Training confirming such costs, charges and losses to the Client in writing.
  8. NON-SOLICITATION
    8.1. The Client shall not, without the prior written consent of QDL Training, at any time from the date of the Contract to the expiry of six
    months after the last date of supply of the Training Course, solicit or entice away from QDL Training or employ (or attempt to
    employ) the QDL Training Trainer or any other person who is, or has been, engaged as an employee, consultant or subcontractor
    of QDL Training directly or indirectly in the provision of the Training Course.
    8.2. Any consent given by QDL Training in accordance with condition 7.1 shall be subject to the Client paying to QDL Training a sum
    equivalent to 20% of then current annual remuneration of the QDL Training Trainer or the QDL Training employee, consultant or
    subcontractor or, if higher, 20% of the annual remuneration to be paid by the Client to that QDL Training Trainer, employee,
    consultant or subcontractor.
  9. CHARGES AND PAYMENT
    9.1. In consideration of the provision of the Training Course by QDL Training, the Client shall pay the Course fee per Delegate or
    Course as set out in the Training Solutions Agreement.
    9.2. The Course Fee includes all written materials, snacks and refreshments as set out in the Training Solutions Agreement and
    excludes VAT, which QDL Training shall add to its invoices at the appropriate rate.
    9.3. The Client shall be responsible for all travel arrangements, accommodation requirements and other costs incurred by its Delegates
    relating to attendance at the Training Course, and QDL Training shall have no responsibility for any such costs resulting from
    scheduling changes or cancellations to the Training Course by QDL Training.
    9.4. The Client shall pay each invoice submitted to it by QDL Training, in full and in cleared funds, within 30 days of the date of the
    invoice.
    9.5. Without prejudice to any other right or remedy that it may have, if the Client fails to pay QDL Training on the due date, QDL
    Training may;
    9.5.1. charge interest on such sum from the due date for payment at the annual rate of 4% above the base lending rate from
    time to time of Barclays Bank Plc, accruing on a daily basis and being compounded quarterly until payment is made,
    whether before or after any judgement and the Client shall pay the interest immediately on demand. QDL Training may
    claim interest under the Late Payment of Commercial Debts (Interest) Act 1998; and
    QDL Training Limited – Registered Office – 40 Hillview Road, Sutton, Surrey, SM1 3NT – Registered in England Number 09970153
    9.5.2. suspend all future Training Courses until payment has been made in full.
    9.6. Time for payment shall be of the essence of the Contract.
    9.7. QDL Training may, without prejudice to any other rights it may have, set off any liability of the Client to QDL Training against any
    liability of QDL Training to the Client.
  10. INTELLECTUAL PROPERTY RIGHTS
    10.1. All Intellectual Property Rights and all other rights in the Course Material provided to the Client or the Delegates by QDL Training or
    the QDL Training Trainer shall be owned by the QDL Training.
    10.2. QDL Training hereby grants the Client and its Delegates a non-exclusive, non-transferable licence to use the Course Material to
    such extent as necessary to enable the Client and the Delegates to receive and to make reasonable use of the Training Course.
    10.3. The Client shall not and the Delegates shall not:
    10.3.1. reproduce, copy or translate in whole or in part the Course Materials without the prior written consent of QDL Training;
    or
    10.3.2. delete, amend, alter or deface any confidentiality or proprietary notices on the Course Materials.
  11. WARRANTIES AND LIABILITY
    11.1. QDL Training will use reasonable endeavours to ensure that the Training Course is provided with reasonable skill and care and in
    accordance with practices consistent with the professional standards in the industry.
    11.2. All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law,excluded
    from the Contract.
    11.3. Nothing in these Conditions limits or excludes or excludes the liability of QDL Training:
    11.3.1. For death or personal injury resulting from negligence; or
    11.3.2. For any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by QDL Training.
    11.4. Subject to condition 10.2 and condition 10.3:
    11.4.1. QDL Training shall not be liable for loss of profits: or loss of business; or depletion of goodwill and/or similar losses; or
    loss of anticipated savings; or loss of goods; or loss of contract; or loss of use; or loss or corruption of data or
    information; or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
    11.4.2. QDL Training’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation,
    restitution or otherwise arising in connection with the performance, or contemplated performance, of the Contract shall
    be limited to 150% of the Course fees.
  12. DATA PROTECTION
    The Client acknowledges and agrees that details of the Client’s name, address and payment record may be submitted to a credit reference agency,
    and personal data of the Client and its Delegates will be processed by and on behalf of QDL Training in connection with the Training Course.
  13. FORCE MAJEURE
    QDL Training shall have no liability to the Client under the Contract if it is prevented from, or delayed in performing its obligations under the
    Contract or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation)
    strikes, lock-outs or other industrial disputes (whether involving the workforce of QDL Training or any other party), failure of a utility service or
    transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation
    or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
  14. GENERAL
    14.1. Variation
    Subject to condition 4, no variation of the Contract or these Conditions shall be valid unless it is in writing and signed by or on
    behalf of each of the parties.
    14.2. Waiver
    14.2.1. A waiver of any right under the Contract is only effective if it is in writing and it applies only to the circumstances for
    which it is given. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall
    constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise. No single or partial
    exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
    14.2.2. Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights
    provided by law.
    14.3. Severance
    14.3.1. If any provision of the Contract (or part of any provision) is found by any court or other authority of competent
    jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be
    deemed not to form part of the Contract, and the validity and enforceability of the other provisions of the Contract shall
    not be affected.
    14.3.2. If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply
    with the minimum modification necessary to make it legal, valid and enforceable.
    14.4. Entire agreement
    QDL Training Limited – Registered Office – 40 Hillview Road, Sutton, Surrey, SM1 3NT – Registered in England Number 09970153
    14.4.1. The Contract constitutes the whole agreement between the parties and supersedes all previous agreements between
    the parties relating to its subject matter.
    14.4.2. Each party acknowledges that, in entering into the Contract, it has not relied on, and shall have no right or remedy in
    respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for
    breach of contract).
    14.4.3. Nothing in this condition shall limit or exclude any liability for fraud.
    14.5. Assignment
    14.5.1. The Client shall not, without the prior written consent of QDL Training, assign, transfer, charge, mortgage, subcontract or
    deal in any other manner with all or any of its right or obligations under the Contract.
    14.5.2. QDL Training may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any
    of its rights under Contract and may subcontract or delegate in any manner any or all of its obligations under Contract to
    any third party or agent.
    14.5.3. Each party that has rights under the Contract is acting on its own behalf and not for the benefit of another person.
    14.6. No partnership or agency
    Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of
    the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or
    to bind, the other party in anyway.
    14.7. Rights of third parties
    A person who is not a party to the Contract shall not have any rights under or in connection with it.
    14.8. Notices
    14.8.1. Notices required to be given under the Contract shall be given in writing using the English language.
    14.8.2. Notices to QDL Training shall be addressed to the Managing Director, QDL Training Limited, 40 Hillview Road, Sutton,
    Surrey, SM1 3NT or to such other person or address as specified to the Client by QDL Training in writing.
    14.8.3. Notices to the Client shall be delivered to the name and address as specified in the Training Solutions Agreement or to
    such other person or address as specified to QDL Training to the Client in writing.
    14.8.4. Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the
    address and for the correct referred to above or, if sent by pre-paid first class post or recorded delivery, at 9.00 am on
    the Business Day after posting, or if delivered by commercial courier, on the date and at the time that the courier’s
    delivery receipt is signed.
    14.8.5. This condition 13.8 shall not apply to the service of any proceedings or other documents in any legal action.
    14.9. Governing law and jurisdiction
    14.9.1. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter; shall be governed by,
    and construed in accordance with, the law of England and Wales.
    14.9.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute
    or claim that arises out of, or in connection with, the Contract or its subject matter.