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Copyright © All rights reserved. Bedlam & Mayhem Limited. 2009

BEDLAM & MAYHEM LTD - TERMS AND CONDITIONS OF SUPPLY

 

2.   AUTHORISATION

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.

NOTE: 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.
 

 

 

1.   APPLICABILITY

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.

 

4.   INDEMNITY

(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 booking.
 

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 the order.
 

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.

 

11. ASSIGNMENT

The Purchaser will not assign the benefit of this Agreement without obtaining the prior written consent of Bedlam & Mayhem.

 

7.   WARRANTY

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. 

Computer media, 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 cancellation.
 

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.