BEDLAM & MAYHEM LTD - TERMS AND CONDITIONS OF SUPPLY
The Purchaser hereby certifies that all Delegates are employed directly by, or are
under contract to, the Purchaser and undertakes to bring these terms and conditions
to the attention of Delegates.
3. CONFIDENTIALITY AND COPYRIGHT
The Purchaser and Delegates will not:
(a) disclose or provide or make available to any person other than the Purchaser
or Bedlam & Mayhem, or remove from Bedlam & Mayhem’s premises any Bedlam & Mayhem
program materials or copies thereof acquired as a result of receiving Bedlam & Mayhem
Services without Bedlam & Mayhem’s prior written consent.
(b) copy in whole or in part of any program materials acquired as a result of receiving
Bedlam & Mayhem training except under the supervision of or in accordance with the
instructions of Bedlam & Mayhem’s personnel. Program materials consist of the basic
material and their related optional materials for Bedlam & Mayhem program products,
Bedlam & Mayhem special programs and other Bedlam & Mayhem licensed programs.
Bedlam & Mayhem materials and courses are provided for the exclusive use of the Purchaser
and Delegates. All rights in such materials and courses are reserved. The recording,
copying, loan, unauthorised hire, public showing or broadcasting of such materials
and courses are prohibited.
The Purchaser contracts with Bedlam & Mayhem Ltd. on its own behalf and on behalf
of persons (delegates) who are enrolled by the Purchaser on Bedlam & Mayhem Ltd.
Courses including courses on Bedlam & Mayhem provided premises (facilities and seminars),
on Purchaser provided premises (onsite courses) or who receive packaged courses ordered
on their behalf by the Purchaser.
These terms and conditions supersede and replace
any previous agreements, proposals or representations made between the Purchaser
and Bedlam & Mayhem for the provision of Facilities and seminars, Onsite courses
and packaged courses.
These terms and conditions shall prevail notwithstanding any
terms and conditions contained in any order submitted by the Purchaser. Any variation
must be agreed in writing by Bedlam & Mayhem. The Waiver by Bedlam & Mayhem of any
breach of any term of this Agreement shall not prevent the Subsequent enforcement
of that term and shall not be deemed to be a waiver of any subsequent breach.
10. EXPORT OR RE-EXPORT LIMITATION
Notwithstanding any other provision of this Agreement, the training, products, services
and/or technical data covered by this Agreement, can only be delivered subject to
Bedlam & Mayhem Ltd obtaining the required export licence or authorisation from the
US Department of Commerce as required by the Export Administration Regulations.
Regardless of any disclosure made by the Purchaser/Delegates to Bedlam & Mayhem of
an ultimate destination of the products and/or technical data, it is the Purchaser’s
sole responsibility to obtain the necessary approvals from the US Government and
other government authorities before exporting from the country of purchase any such
products or technical data.
(a) Bedlam & Mayhem will indemnify the Purchaser and Delegates against direct injury
or death caused by defects in any Bedlam & Mayhem’s products or by the negligence
of its employees.
(b) Bedlam & Mayhem will indemnify the Purchaser and Delegates against direct damage
to property caused by any of Bedlam & Mayhem’s product or by negligence of Bedlam
& Mayhem employees. Bedlam & Mayhem’s total liability under this sub-clause shall
be limited to £250,000 for any one event or connected events.
5. START DATE / DELIVERY
(a) Onsite Training and Facilities and Seminars will commence on the date specified
by Bedlam & Mayhem in the confirmation of acceptance issued to the Purchaser. Packaged
Courses will be delivered to the Purchaser as soon as reasonably practicable. Bedlam
& Mayhem shall not be liable for any costs or damages suffered by the Purchaser or
Delegates as a result of any delays in delivery of Packaged Courses or the cancellation
or postponement of either Onsite Courses or Facilities and Seminars.
(b) All Delegates will be required to complete a Delegate Registration Form on the
start date of each course.
6. SCHEDULING CLASSES
We will specify the dates of public scheduled classes. We may cancel any scheduled
class on notice. If we cancel a class for which you have prepaid, we will refund
the price you paid.
9. PAYMENT TERMS
a. Public Scheduled Courses
Unless otherwise stipulated by Bedlam & Mayhem, fees for all public scheduled courses
are payable by the Purchaser twenty (20) working days prior to course commencement,
or at time of order where this is less than twenty (20) working days before course
commencement. If we do not receive payment we reserve the right to cancel the course
b. Closed Company Courses
Unless otherwise stipulated by Bedlam & Mayhem, fees for Closed Company Courses are
payable within thirty (30) days from date of invoice, or at time of order where this
is less than thirty (30) working days before course commencement. If we do not receive
payment we reserve the right to cancel the order.
c. Prepaid Course Passports
Fees for Prepaid Course Passports are payable from date of invoice. Orders for courses
to be taken as part of a prepaid course passport will not be accepted until full
payment is received. If we do not receive payment we reserve the right to cancel
All fees are subject to Value Added Tax which applies to all delegates attending
courses in the UK, regardless of country of origin as the tax point is the location
of the course.
The Purchaser will not assign the benefit of this Agreement without obtaining the
prior written consent of Bedlam & Mayhem.
All materials and audio visual media e.g. dvd’s, audio tapes and work books supplied
by Bedlam & Mayhem are warranted for a period of ninety (90) days.
e.g. Disk packs, Magnetic tapes, etc., are warranted against defects in material
and workmanship under normal proper use in its original and unmodified condition
for the period set forth above. If found defective by Bedlam & Mayhem within the
terms of this warranty, Bedlam & Mayhem’s sole obligation shall be to repair or
replace (at its option) the defective product. If Bedlam & Mayhem determines the
product is not defective within the terms of this warranty, the Purchaser shall pay
all costs of handling and return transportation.
All replaced products become the
property of Bedlam & Mayhem. Bedlam & Mayhem shall not be liable for any errors or
omissions in any written material supplied by Bedlam & Mayhem. Except for the express
warranties stated in this clause.
Bedlam & Mayhem disclaims all other warranties
whether express or implied by statute common law or otherwise, and save as detailed
in Clause 4 the warranties in this clause are in lieu of all obligations and liabilities
on the part of Bedlam & Mayhem for damages arising out of or in connection with the
use or performance of its product. In no event shall Bedlam & Mayhem be liable for
indirect or consequential loss suffered by the Purchaser or Delegates and arising
out of Bedlam & Mayhem’s performance under this agreement.
8. CANCELLATION AND TRANSFER
The Purchaser agrees to pay the following charges to Bedlam & Mayhem in the Event
that for whatever reason a Delegate fails to attend, withdraws or transfers from
a course without providing at least twenty (20) working days written notice prior
to the scheduled start of the course. In this respect, a cancellation fee refers
to a specific course date and therefore a transfer to a later course counts as a
a. Written Notice of Cancellation or Transfer – Public Scheduled Courses
11-20 working days: 50% of course fee
0-10 working days: 100% of course fee
b. Written Notice of Cancellation or Transfer – Public scheduled Course booked as
part of a Prepaid Multi-course offer
11-20 working days: 50% of course fee
0-10 working days: 100% of course fee
c. Written Notice of Cancellation or Trafnser – Closed Company Courses
0-30 working days: 100% of course fee
12. PROPER LAW
The proper law governing this agreement shall be English and the forum for settling
any disputes under this Agreement shall be the English courts.