General Terms a Conditions of Trade
The Project Professionals – General Terms a Conditions of Trade
1.1 “Seller” shall mean Epoch (NZ) Ltd t/a The Project Professionals 1.2 ‘Buyer” shall mean the Buyer or any person acting on behalf of and with the authority of the Buyer. 1.3 Goods shall include software 1.4 “Services” shall mean all Services supplied by the Seller to the Buyer and includes any advice or recommendations in relation to business management (and includes any incidental supply of Goods).
2.1 Any instructions received by the Seller from the Buyer for the supply of Goods or Services and/or acceptance of Goods/Services by the Buyer shall constitute acceptance of the terms and conditions contained herein. 2.2 None of the Seller’s agents or representatives are authorised to make any representations, statements, conditions or agreements not expressed by the Manager of the Seller in writing, and the Seller is not bound by any such unauthorised statements. 2.3 Where more than one buyer has entered into this agreement they shall be jointly and severally liable 2.4 Both Parties acknowledge that decisions expressed by electronic communications are binding 2.5 The seller reserves the right to sub-contract their services
3. Privacy Act
3.1 The Buyer authorises the Seller to the extent permitted by law to collect, retain and use any information about the Buyer, for the purpose of assessing the Buyer’s creditworthiness, to notify other credit providers of a default by the Buyer, or marketing any Goods and Services provided by the Seller to itself or any other party, 3.2 The Buyer authorises the seller to disclose any information obtained to any person for the purposes set out in clause 3.1. 3.3 Where the Buyer is a natural person the buyer authorities (under clause 3.1 & 3.2) are authorities or consents for the purposes of the Privacy Act
4. Price and Payment
4.1 The Price for Tuition and any other Goods/Services shall be the Sellers current price at the date of sale. 4.2 Time for payment shall be of the essence and will be stated on the invoice. If no time is stated, then payment shall be due seven days from the invoice date. 4.3 The Price shall be increased by the amount of any GST and other taxes and duties which may be applicable.
5.1 The Buyer hereby disclaims any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to the Buyer or agents 5.2 Any Tuition, recommendation, information, assistance, or Service provided by the Seller in relation to Goods and/or Services sold by the Seller (or for their use or application) is given in good faith and is believed by the Seller so be appropriate and reliable. The Buyer accepts that the Seller provides this information in good faith and that the ultimate responsibility for the outcome of that information lies with the Buyer. Further, the information given by the seller is of a general nature and involves commonly available knowledge. The seller strongly recommends you seek legal advice and consideration on any issues that may be raised by the seller in the delivery of their services 5.3 The Seller also makes no express or implied warranty or statement and expressly negates any implied or expressed warranty (other than as may be imposed by statue) that the Goods and/or Services will be suitable for a particular purpose end use for which the Buyer may use them. 5.4 The Buyer accepts all risk and responsibility for consequences arising from the use of Goods and/or Services, whether singularly or in combination with other products. No claims for consequential damages will be entertained. 5.5 Whilst every care is taken by the Seller in drafting clauses relating to terms of trade for the Buyer, the Sellers liability shall be limited to the price of the Goods and Services provided.
6.0 Default & Consequences of Default
6.1 If the Buyer defaults in payment of any invoice when due, the Buyer shall indemnify the Seller from and against all the Seller’s legal costs and disbursements for collection or attempted collection of the defaulted amount calculated on a solicitor and own client basis. 6.2 If for any reason monies or fees art not paid within seven days of the Sellers account being rendered, then the Seller reserves the right to withhold action on further goods or services until the account is paid in full. 6.3 If the Buyer does not comply with the Seller’s terms of payment then the Seller reserves the right to cancel any outstanding goods or services in the Buyer’s name. 6.4 Should a dispute arise between the Buyer and the Seller, the Buyer waives the right to withhold any payments that are due. The Buyer must and shall make payment on time regardless of any pending actions or decisions.
7.1 The Seller may cancel this contract at any time by giving written notice. The Seller shall not be liable for any lost or damage whatever arising from such cancellation. 7.2 Subject to clause 7.3 under no circumstances are goods or services able to be refunded. 7.3 The Buyer may cancel delivery of Goods and/or Services within five (3) working days of the date of this agreement subject to the payment of a cancellation fee of 25% of the Price of the Goods and/or Services.
8 Intellectual Property
8.1 Any intellectual property rights contained in the design or manufacture of any Goods or Services remain with the Seller. - 8.2 The Buyer indemnifies and holds harmless the Seller for any claims made against it arising from the Seller’s use of any document, material or information supplied by the Buyer. 8.3 Until such time as the Seller has received or been tendered the whole of the price the property right in any Goods or Services remain with the Seller.
9.1 If any provision of these terms and conditions shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired. 9.2 All Goods and Services supplied by the Seller are subject to the laws of the land and the Seller takes no responsibility for changes in the law which affect the Goods or Services supplied. 9.3 the Seller shall be under no liability whatever to the Buyer for any indirect loss and/or expense (including loss of profit) suffered by the Buyer arising out of a breach by the Seller of this contract, 9.4 The Buyer indemnifies the Seller and agrees that the Seller shall not be a party and/or liable for any action brought against the Buyer or Seller, by any party in relation to any services provided to the Seller to the Buyer 9.5 The Seller reserves the right to review these terms and conditions at any time and from time to time. If, following any such review, there is to be any change in such terms and conditions, that change will take effect from the date on which the Seller notifies the Buyer of such change. 9.6 The Buyer shall not set off against the price amounts due from the Seller whether under the applicable contract of sale or otherwise
10. Training and Training Courses
10.1 Seats are limited and are awarded on a first come first serve basis 10.2 Deposit 25% - non refundable 10.3 Payment for course will occur 3 x days before the course commences 10.4 If we cancel the course your monies will be refunded. If we postpone the course you will be given alternative dates 10.5 If we postpone the course on the day of delivery you will be given alternative dates and refunded 25% of paid monies 10.6 Payment is non-refundable, however part credit may be applied to attending another course at our discretion 10.7 Attendance is expected on the day and time assigned 10.8 Modules – the class is broken up into various skill modules. We will help you complete your learning for each module 10.9 Participation – it is preferable that we have your undivided attention 10.10 Distractions – if you have commitments/distractions we do not guarantee completion of that module 10.11 Completion – we will issue you with a certificate of completion and time attendance 10.12 LBP Certificate of Learning – the Completion Certificate is your record to achieve your learning points
Client Pre-Delivery Acknowledgement
The user/buyer acknowledges that the following cautionary advice has been given to them prior to using Software, Data, and Systems supplied by the Epoch Ltd;
1. Buyer Accepts
The Buyer accepts the Seller General Terms and Conditions of Trade (supplied earlier)
2. Buyer Accepts
The Buyer acknowledges that they will honour the intellectual property rights of the software company, Epoch Ltd and all associated Suppliers with respect to supplied goods and services
3. Buyer Accepts
The software will only work on modern Windows based computers of a suitable nature (refer specifications)
4. Buyer Accepts
No guarantee exists as to the ease of loading software where the computer/s and systems supplied by the client fall outside usual conditions
5. Buyer Accepts
Any software supplied is warranted against software defects, but is not warranted against inappropriate use, misuse or abuse
6. Buyer Accepts
The Seller takes no responsibility for the loss of data as a result of using the software or services provided
7. Buyer Accepts
The pre-loaded data, information, prices and examples are not to be relied on for accuracy, information or absolute truth. They are supplied as indications only for ease and convenience
8. Buyer Accepts
The pre-loaded data, information, prices, labour constants, recipes and examples shall be checked by the end-user prior to using for any pricing exercises
9. Buyer Accepts
Tuition and Service Agreement
10. Buyer Accepts
Tuition appointments for the Buyer/User may be altered once only with a minimum 3 days’ prior notice
11. Buyer Accepts
Alteration to an appointment with less than 3 days’ notice will incur a 50% surcharge
12. Buyer Accepts
Any further changes are at the discretion of the Supplier
13. Buyer Accepts
Where the Buyer/User fails to attend an appointment without 3 x days’ prior notice, the tuition/service is deemed completed and supplied
All clients are required to respond via email with an enclosed/ attached and signed or initialled scanned copy of these terms and conditions of trade.