1. DEFINITIONS

1.1. “College” Means Supreme Transport Training Limited. The Old BT depot Stock Road Southend –On – Sea Essex
1.2. “Course” means the course provided by the College.
1.3. “Customer” means the individual, organisation or company placing students with the College or purchasing goods or services from the College.
1.4. “Price” means the quoted price for the Services calculated in accordance with Condition 3.
1.5. “Services” means services, courses or goods sold or supplied pursuant to these terms & conditions.
1.6. “Student(s)” means the person(s) named.

2. THE COLLEGE’S OBLIGATIONS

2.1 The College will enrol the Student on the Course subject to completion of the College’s admission forms. No warranties or guarantees are given by the College as to the Student’s likely performance in any course or examination for which the Student may be registered.
2.2 The College will endeavour to despatch goods or deliver services as soon as practicable after receipt of the Customer’s order. However, the College shall not be liable for any loss or damage whatsoever ensuing as a result of failure to deliver goods or services by any particular date or within a particular period
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3. THE CUSTOMER’S OBLIGATIONS

3.1 In consideration of the College enrolling the Student on the Course the Customer shall pay the Price and, where necessary, allow the Student to attend at the College for the purpose of studying the Course, sitting examinations or attending assessments and meetings with the College staff in connection with the Course.
3.2 Enrolment, course and registration fees are quoted at prices ruling on the day of enrolment. Examinations and validation fees are quoted at prices determined by the examining boards and other relevant organisations. Goods or services shall be supplied by the college at prices ruling on the date of despatch. All quoted prices are subject to alteration without notice. The right is reserved to invoice for these charges at the rates ruling at the date of despatch of the invoice.
3.3 The Price is exclusive of any Value Added Tax, which the Customer shall be additionally liable to pay to the College where applicable.

3.4 No claims for damages or shortages will be considered by the College unless the College receives written notice from the Customer within three days of delivery. Where the Customer indicates on delivery documentation that the goods have been checked no claims for damages or shortages will be accepted.
3.5 The Customer shall not be entitled to cancel, suspend or defer any delivery of goods, services or Courses made by the College after the order has been accepted by the College save upon terms expressly agreed by the College in writing.
The right is reserved to invoice for the agreed charges where such cancellation, suspension or deferral is contrary to
Condition 10.3.

4. PAYMENT

4.1 Unless otherwise agreed in writing, the Customer shall make payment in full for all Services supplied within 30 days of the invoice date. Invoices will be raised at the beginning of any Course of study, on despatch of the goods or on commencement of delivery of other services.
4.2 The Customer is not entitled to set off, cross claim or in any way withhold payment due on an invoice because of claims relating to other matters. If the Customer has a valid claim they must nonetheless pay by the due date for all Services which are not the subject of the claim and all other undisputed charges and invoices.
4.3 The College reserves the right to charge interest on overdue sums at the rate of 3% above National Westminster base rate from time to time, plus any costs incurred in recovery of overdue sums. Any payment received to be credited first against interest and then against the invoice.
4.4 If payment sent by the Customer is not honoured by the Customer’s bank when properly presented, then the College will be entitled to charge an administration fee of £15 for that and any further occasion upon which the payment is represented. The fee is payable within 7 days.
4.5 Where a Customer fails to pay all relevant fees by the due date, the College reserves the right to cancel the relevant enrolment(s) and withhold examination results and certificates. Any fees paid by the Customer up to the date of cancellation of the enrolment shall be forfeited and any further fees shall fall due for immediate payment.
4.6 Legal title to any goods shall remain with the College until such time as the College has received payment of the purchase price of the goods together with payment of all other sums due from the Customer to the College whereupon such title shall pass to the Customer.

5. EXCLUSION OF LIABILITY

5.1 Save as provided in this Condition 5.1, the College will be under no liability (whether in negligence or otherwise) under these terms and conditions or the Contract for any loss or damage of any kind whatsoever, whether direct or indirect (including but not limited to, loss of profits, loss of business, depletion of goodwill or otherwise). The College’s liability hereunder shall be limited to replacing defective, damaged or non delivered goods and save as aforesaid all warranties and conditions express or implied, statutory or otherwise, except the implied conditions as to title in the Sale of Goods Act 1979 are hereby expressly excluded. In relation to any breach by the College relating to the provision of the Services pursuant to these terms and conditions, the College accepts liability for death or personal injury to any of the Customer’s
employees resulting directly from the College’s negligence.
5.2 The College hereby excludes, to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in these terms and conditions) or implied, statutory, customary or otherwise, which, but for such exclusion, would or might subsist in favour of the Customer.
5.3 The Customer acknowledges that the Conditions 5.1 and 5.2 are reasonable and reflected in the Price.

6. FORMATION OF CONTRACT AND INCORPORATION

6.1 Subject to any variation under Condition 6.4, the Contract will be on the terms and conditions set out below to the exclusion of all other terms and conditions (including any terms or conditions which the Customer purports to apply under any purchase order, confirmation of order or similar document).
6.2 Each order for Services by the Customer from the College shall be deemed to be an offer by the Customer to purchase Services subject to these terms and conditions.
6.3 No terms or conditions endorsed upon, delivered with or contained in the Customer’s purchase order, specification or similar document will form part of this Contract simply as a result of a reference to such document being referred to in this Contract.
6.4 Any variation to these terms and conditions and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Principal or Director of Finance.

7. DISPUTES

7.1 In the event that the Customer is dissatisfied with the amounts invoiced he should notify the Finance Officer in writing within 14 days of the invoice date and the invoice will be reviewed.
7.2 Where the disputed amounts form only part of an invoice, the balance not subject to query will be paid within 30 days of the date of invoice.

8. LAW

8.1 If any part of these terms and conditions shall be found to be unlawful it shall not affect the validity or enforceability of the remainder of the conditions.
8.2 These terms and conditions shall be governed by and interpreted in accordance with English Law and the Courts of England and Wales will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions.
8.3 The Customer agrees that the terms and conditions herein apply for the entirety of the agreement between the College and the Customer, and that they can only be varied by the written agreement of both parties.

9. FORCE MAJEURE

The College shall not be liable to the Customer in any manner or be deemed to be in breach of this Contract because of any delay in performing or any failure to perform any of the College’s obligations under this Contract if the delay or failure was due to any cause beyond the College’s reasonable control.

10. TERMINATION

10.1 The Contract will terminate immediately upon the happening of any one or more of the following events; the Customer has a bankruptcy order made against him or makes an arrangement or composition with his creditors or otherwise takes the benefit of any Act for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal) or enters into liquidation (whether voluntary or compulsory), except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver, manager, petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer or any proceedings are commenced relating to the insolvency or possible insolvency of the
Customer.
10.2 The Contract will terminate immediately upon service of written notice of termination by the College on the Customer on the happening of any one or more of the following; the Customer suffers or allows any execution whether legal or equitable to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations or duties under the Contract or any other contract between the College and the Customer or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade.
10.3 The Contract will terminate upon the Customer giving 1 month prior written notice of termination to the College.
10.4 The Contract will terminate upon service of written notice of termination by the College on the Customer if;
a) in the College’s reasonable opinion the Student has become unsuitable for reasons of performance on the Course; or
b) the Student has been expelled from the College as a result of disciplinary proceedings against the Student.
10.5 Failure by the College to enforce or partially enforce any provision of this Contract will not be construed as a waiver of any of its rights under this Contract.
10.6 The College may assign, license or sub-contract all or any part of its rights or obligations under this Contract without the Customer's consent.
10.7 This Contract is personal to the Customer who may not assign, license or sub-contract all or any of its rights or obligations under this Contract without the College's prior written consent.
10.8 The parties to this Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

11. CONSEQUENCES OF TERMINATION

11.1 If the Contract is terminated in accordance with Condition 10.1 or 10.2 above, the Student may continue to study the Course subject to immediate payment by the Customer of the balance of the Price.
11.2 If the Contract is terminated in accordance with Condition 10.3 above the College will refund to the Customer a sum determined from the application of the College’s Refunds Policy current after the expiry of the written notice received by the College under Condition 10.3 above.
11.3 If the Contract is terminated in accordance with Condition 10.4 above the College will refund to the Customer a sum determined from the application of the College’s Refunds Policy current at the date of termination of the Contract.

12. DATA PROTECTION ACT

12.1 The College is registered under the law as a data controller. This contract term signifies the Customer’s permission to the College to keep and process data about the Customer as described in our registration as amended from time to time.
Customer data may be used by the College to perform the contract, for credit rating purposes, in monitoring the service
provided, for analysis for management purposes, for making statutory returns, for forecasting, and for future marketing -and selling.
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