Training Terms & Conditions

TERMS AND CONDITIONS OF TRAINING & PRODUCT BUNDLE PURCHASE

These terms and conditions apply to any Client who purchases or plans to purchase training services from Tracie Giles Limited. No other terms and conditions referred to by the Client when purchasing a ‘product bundle’ and/or booking training with Tracie Giles Limited shall apply, without the prior written agreement of Tracie Giles Limited. For the avoidance of doubt, these terms shall apply from the time a service is booked/accepted by Tracie Giles Limited. By accessing this service, the Client fully accepts to comply with the terms and provisions of this agreement. If you do not agree to the terms and provisions, do not pursue any training course offered by Tracie Giles Limited.

Tracie Giles Limited are committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection. Tracie Giles would love to stay in contact with You to provide You with exclusive offers and extra information. Your data preferences can be updated at any time.

1. DEFINITIONS: 1.1 Throughout these Terms and Conditions We”, “Us” and “Our” are all references to the provider of the Services; namely ‘Tracie Giles Limited trading as ID Liner (formally known as INDELIBELiner).

1.2  Throughout these Terms & Conditions “You” or “Your” are references to the client/delegate contracting with Us under these Terms & Conditions

1.3 “Training course” means the relevant training or service provided by Tracie Giles Limited at Tracie Giles Limited premises or at other locations as specified or otherwise explicitly agreed in writing with Tracie Giles Limited.

1.4 “Buyer” means the organisation or person who buys Goods from the Seller;

1.5 “Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.

1.6 “Delivery date” means the date specified by the Seller when the Goods are to be delivered or handed over to the Buyer/Client.

1.7 “Goods” means the articles to be supplied to the Buyer by the Seller

1.8 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;

1.9 “Price” means the price set out in the list of prices of the Goods and/or Services maintained by the Seller as amended from time to time or such other price as the parties may agree in writing plus such carriage, packing, insurance or other charges or interest on such as may be quoted by the Seller or as may apply in accordance with these conditions;

1.10 The “Seller” means Tracie Giles Limited.

1.11 The “Client” means the person who receives training/products from Tracie Giles Limited.

1.12 “Product bundle” means the package of products that can be purchased which then entitles the “Client” to free training.

2. BOOKING INFORMATION

2.1 We are unable to reserve a place for any persons onto a course until either full payment or a deposit has been received and the place has been confirmed to you by us.

2.2 Tracie Giles Ltd reserves the right to re-allocate the course place to another delegate if fees are not paid in time. The option to transfer courses can only be used once with an admin fee of £50 applicable, after which any movement will be considered a cancellation. All outstanding invoices will remain due, irrespective of the number of working days’ notice given for the cancellation.

2.3 By booking onto a training course with a deposit payment or full payment, you are acknowledging that you have read and understood the terms and conditions herein.

2.4 All confirmed delegates will receive a booking confirmation. If you do not receive your booking confirmation let us know so we can confirm that there are no problems.

2.5 The company reserves the right to decline any application for enrolment on a training course.

2.6 If there are other pre-requisites for a particular course, by booking on that course you warrant that you fulfil all of these pre-requisites. Refunds will not be given where you have failed to meet the pre-requisites or you have falsely declared that you meet the pre-requisites, for example completing the 120 hours pre-study.

3. PAYMENTS AND DEPOSITS

3.1  Deposits can be paid by cash, credit or debit card or bank transfer. All fees are priced in Pounds UK Sterling and VAT will be added at the appropriate rate where relevant.

3.2  Deposits are non-refundable unless Tracie Giles Ltd cancel the course.

3.3 All remaining course balances must be settled at least one week before commencement of the course.

3.4 We are unable to allow delegates to start a training course unless course fees have been paid for in full.

3.5 Where courses require pre-requisite learning, reading or research your training begins from the date that your manual is despatched. In this instance any fees paid will be non-refundable under our cancellation terms.

3.6 The cost of the Courses are subsidised by the purchase of a bundle package. If a trainee does not wish to purchase a bundle alongside partaking in the course, the cost of the course will increase as specified by the current pricelist.

3.7  If any changes are made to the Client’s requirements at any time while the training course is in progress, or within 14 days of the beginning of the course, any applicable supplementary charges and the terms of delivery shall be adjusted in respect of the additional work.

4. ASSESSMENT FEES AND RE-SITS

4.1 Course and assessment fees are payable whether or not you pass a particular assessment or receive a particular certificate. Refunds will not be given to delegates who fail assessments or are not competent to receive a certificate.

4.2 Delegates will be given the option to re-sit assessments at the next available opportunity as long as there are spaces available to re-sit that assessment, this will cost an additional fee.

4.3 Additional assessments will incur an extra assessment fee which will be charged at the normal rate for that assessment.

4.4  Delegates must be registered for assessments with the appropriate awarding body (Tracie Giles Ltd/VTCT) prior to sitting the assessment.

4.5 VTCT is a separate company to Tracie Giles Ltd and they dictate the structure of their board assessments. Tracie Giles Ltd cannot be held responsible for how VTCT choose to assess their qualifications including increasing the number of assessment days.

5. EXAM RESULTS

5.1  Where assessments are not under the influence of awarding bodies we aim to distribute certificates within 90 days maximum. Tracie Giles Limited will not be held liable for distribution of external bodies certificates.

5.2  Where assessment results are carried out by an awarding body, there may be a delay in receiving the assessment result especially in the case of written papers.

5.3 Trainees will receive a Certificate of Attendance at the end of their course. At an additional cost, the trainee can then book an optional assessment day and submit a portfolio of individual work, if this is passed a certificate of competence will be awarded as well as the right to advertise as a certified ID Liner technician.

6. CANCELLATIONS

6.1 For your security we will not accept cancellations by phone, text or social media. If you wish to cancel or postpone a training course you must indicate in writing or via email. Cancellations will only be accepted during our opening hours and not at evenings, weekends or Holidays.

6.2 If you cancel the training course booking within 14 days of the start date of the course and/or at a time where we are unable to reallocate the booking to another delegate then you will be liable for the full course fees including VAT.

6.3 Companies may substitute an alternative delegate generally for no extra charge, however there may be an additional exam fee to pay if the previous candidate has already been registered.

6.4 Rather than cancel a training course, you may wish to postpone until another date. We will allow postponing only once with at least 21 days prior notice from the course start date and is liable for a £50 administration fee. The total cost of the course will also need to be paid in full and this will not be refundable. Further cancellation of the same course will result in losing all monies paid to date.

6.5 Tracie Giles Ltd reserves the right to cancel, re-schedule or vary any course or part of a course due to insufficient numbers, reasons beyond control or changes in regulations. If this were to happen and you are unable to meet the new schedule we will refund any money paid for the course.

6.6  Where Tracie Giles Ltd cancels a training course we will not be held liable for transportation, accommodation, loss of earnings or any other associated costs.

6.7 Tracie Giles Limited shall not be liable for non-performance or delay of performance which is due to any cause beyond its reasonable control including (without limitation) inclement weather, fire, flood, industrial action, explosions and government regulations and/or orders.

7. LIABILITY AND INDEMNITY

7.1 Tracie Giles Limited will comply with all relevant health and safety legislation and exercise reasonable care and skill in delivering training to Clients. Whilst delegates are on the premises they are obliged to abide by all Health and Safety policies that are in place.

7.2 Although Tracie Giles Limited will exercise reasonable care and take reasonable precautions, the Client agrees to indemnify and hold harmless Tracie Giles Limited from and against all claims made in respect of:

7.2.1  personal injury (including injury, illness or disease resulting in death), and/or loss of or damage to any property other than to the extent such loss, damage or injury is due to the negligence of Tracie Giles Limited, it employees or contractors acting in the performance of their duties, or fraudulent misrepresentation by Tracie Giles Limited.

7.2.2 Tracie Giles Ltd will not be held liable for any self-inflicted needle stick injuries.

7.3 Where a delegate is disruptive to other delegates, breaches health and safety guidelines or appears to be under the influence of drugs or alcohol or endangers themselves or others, we reserve the right to ask that candidate to leave the premises. Candidates that are asked to leave the course for the above reasons will not be entitled to a refund.

7.4 On Courses which there is a disruptive delegate, Tracie Giles Ltd cannot be held liable for the consequences of their actions on other individuals, although Tracie Giles Ltd will take the necessary action [as outlined above] in removing them from the Course.

7.5 Tracie Giles Ltd does not accept responsibility or any liability for delegates belongings whilst they are on site. This includes personal equipment and vehicles which are brought onto the premises entirely at the owner’s risk.

7.6 Tracie Giles Ltd reserve the right to ask any candidate to leave the course if they arrive excessively late or miss any part of the course, if it is believed that they will not be able to pass the course because of this. The full product bundle fees will remain payable and a refund will not be possible.

7.7 Training is supplementary and free upon purchase of a product bundle. If a delegate does not show up for the course, the money paid is non-refundable, as the ‘price’ paid is for the ‘product bundle’. Whilst it is in the delegates interest to attend the course to learn how to use the products, failure to attend a course will not be a cause for action for a refund.

7.8  We are not responsible for any emails that you do not read on time that relate to your course, changes or cancellations.

7.9 Tracie Giles Ltd is not liable for any parking tickets received.

7.10 To the maximum extent permissible under English law, the total aggregate liability of Tracie Giles Limited to the Client or its delegates shall not exceed the price of the training, whether for breach of this agreement or in tort and Tracie Giles Limited shall not be liable to the Client for any consequential or indirect loss.

8. LIABILITY FOR PRODUCTS

8.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:- 8.1.1 the correspondence of the Goods with any description or sample;

8.1.2 the quality of the Goods; or 8.1.3 the fitness of the Goods for any purpose whatsoever.

8.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:

8.2.1 the correspondence of the Goods with any description;

8.2.2 the quality of the Goods; or

8.2.3 the fitness of the Goods for any purpose whatsoever

8.3 Except where the Buyer deals as a consumer all other warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are hereby excluded from the contract to the fullest extent permitted by law.

8.4 For the avoidance of doubt the Seller will not accept any claim for consequential or financial loss of any kind however caused. After inspection upon delivery by the Buyer, there will be no refund on products except if they are faulty. Products are sold as seen, please consult Section 18 for more information.

9. FORCE MAJEURE

9.1 The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may without liability on its part, terminate the contract or any part of it.

10.GENERAL

10.1 Trainers reserve the right to ask students to complete a written, oral exam and/or case studies. This is at their discretion and to keep standards high.

10.2 Certificates can be replaced. There is a fee of £25 per certificate to cover the cost of reprinting, postage and searching the student database for information. Payment is made at the time of ordering your certificate. Certificates will say ‘Duplicate’ on them.

10.3  Prices can be altered at any time to reflect costs of training. Old prices will only be honoured at the discretion of Head Office. Discounts are only honoured at the time of the promotion, past discounts found online will not be accepted. Please contact your trainer to ask about any current offers. We are not responsible for old pages being found online and we do not provide training anywhere other than at our registered training school, 24 Beauchamp Place, Knightsbridge, SW3 1NH. The prices of Tracie Giles Ltd training and products sold (whether our own or another brand) are totally independent and may change due to fluctuations in exchange rate. You will not be able to split payments between any other company associated with a brand that we stock and us.

10.4 As part of our excellent customer service we operate an equal opportunities policy. Students will not experience discrimination on any counts. Tracie Giles Ltd will not tolerate physical or verbal abuse to any trainer at any time. Nor will we tolerate any sexism, ageism or racism or any type of discrimination of any sorts.

10.5 Tracie Giles Ltd training operates a non-smoking policy.

10.6  Mobile phones must be switched off in the training rooms at all times. 10.7 Children are not allowed in the training studio.

10.8 We will endeavour for you to work with as many models (provided by ourselves unless otherwise specified) as possible on each area (brows, eyes, lips) although you accept that numbers cannot be guaranteed and that treatments may not be evenly distributed per area. Tracie Giles Ltd will not be held liable for any model that fails to show.

10.9 Tracie Giles Ltd has no responsibility to produce models, on some Courses there may be no models.

10.10 It is recommended for trainees to check the legislations of their local council/authorities in regards to Permanent Make Up license and before purchasing a product bundle to ensure that they choose a device that is suitably compliant and are familiar with the licensing requirements of their local council. 10.11  Tracie Giles Ltd accepts no responsibility for the purchasing of a device that is not considered compliant by a regional authority (as legislations differ between councils) and offers a range of available devices.

10.12 Tracie Giles Ltd accepts no liability for individual council legislation and how this may affect any Clients ability to obtain a permanent make up license. Tracie Giles Ltd strongly encourages trainees to check local requirements of their council/jurisdiction before purchase a product bundle with Tracie Giles Ltd.

10.13 Tracie Giles Ltd cannot be held liable, accountable or responsible for products that are being resold if belonging to a different brand than Tracie Giles Ltd.

10.14 All product purchases are non-refundable once opened. Tracie Giles Ltd will not be held responsible for a technician using products incorrectly if a product bundle has been purchased without training.

10.15  Delegates are not permitted to give out their personal details to clients of Tracie Giles Ltd (this includes the trainers and/or the models) or solicit business away from Tracie Giles Ltd that they have been introduced to through training with Tracie Giles Ltd. This is taken extremely seriously and trainees will be pursued legally if found to be doing this.

11.DATA PROTECTION

11.1 Tracie Giles Limited are committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection.

11.2 Full information regarding how we use your data will be provided alongside these terms and conditions.

11.3 Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

11.4 Information collected will be used solely for the purposes of providing background information when contacting you to arrange training or to deliver products. We like to maintain a relationship with our Clients so we will hold your data for as long as we feel there is a legitimate interest to both parties, You may request that we delete your data at any time.

11.5 Tracie Giles Limited may disclose your contact information to our business agents and service providers for the purposes above.

11.6 ‘Miss Charlotte Giles’ is Our designated ‘Appointed Contact Person’, any questions can be directed to charlotte.giles@www.traciegiles.co.uk

12.COMPLAINTS AND APPEALS

12.1  Complaints during the course should be made to the trainer in the first instance. If you are unhappy with the outcome then it will be taken up as per the company complaints procedure for delegates. Awarding bodies will not accept complaints directly unless you have followed this process. After completion of the Course, all complaints should adhere to the complaints procedure detailed below.

12.2 You agree to adhere to the correct complaints procedure. If you breach clause 12.3 and 12.4.2 and publish (or cause to be published) any defamatory statements about Us or any of Our trainers to any third parties (whether through the use of social media or otherwise) then We reserve the right to claim damages against You in defamation proceedings before the Court for such sum as we are advised to claim by Our legal advisors.

12.3 You agree not to publish (or cause the publication of) Your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet.

12.4 If You have any cause to complain about Us or any of Our Technicians and Your Complaint in any way relates to Our provision of the Services then You agree in the first instance:

12.4.1  to put your complaint in writing to Tracie Giles using the info@www.traciegiles.co.uk email address; and 12.4.2 Not to publish (or cause the publication of) Your complaint any more widely whether orally to third persons, in writing to third persons or to the world at large through the use of the internet.

12.5 We will investigate Your complaint and give our considered response to it within 21 days of Your complaint being received.

12.6 If You accept any settlement outcome offered by Us in Our written response to Your complaint, then that settlement outcome will be implemented in full and final settlement and the terms of settlement shall remain private and confidential between the parties (or any legal advisors if applicable).

12.7  For the avoidance of any doubt, Your obligation at clause 12.4.1 shall be an ongoing obligation until (but not beyond) the delivery of a final judgment in open court on any legal claim which you commence in accordance with the provisions of this clause.

13.DISCLAIMER 13.1  Attendance by a delegate onto a training course, even with a formal qualification certificate on completion, does not provide any guarantee of workmanship, performance, quality or status of the delegate during future endeavours.

13.2 All information provided is given in good faith and Tracie Giles Limited will not be held responsible for actions taken by the delegate/client, any other individual or organisation as a result of the information provided during the training course.

13.3 Completion of a training course does not guarantee any income for the delegate or a particular level of skill.

14.INTELLECTUAL PROPERTY RIGHTS

14.1  All intellectual property remains the property of Tracie Giles Ltd and any copies made of course materials, booklets or training aids will be an infringement of copyright unless agreed in writing by Tracie Giles Ltd. It is illegal to copy and/or redistribute any such materials. Prior consent must be sought before taking any pictures/videos during the training.

14.2 Successful trainees are permitted to use the Tracie Giles name only in the capacity with which certificate they hold. For example, a person who has completed a training course may publicise that they hold a Certificate of Attendance but not that they have been trained in the techniques exclusively owned by and individual to Tracie Giles Ltd, only ID Liner.

14.3 The training courses are run and endorsed by ID Liner and not Tracie Giles Ltd, trainees can advertise that they have trained only with ‘ID Liner’ and not ‘Tracie Giles Ltd’.

14.4 Tracie Giles Ltd does not endorse any person that has trained with the company. Tracie Giles Ltd TM is a trademarked name and cannot be used in any form of advertising and/or social media and/or job applications to promote your business in any way without express use of permission in writing by Tracie Giles herself.

14.5  ‘Gloss and GoTM’ is also a trade mark belonging to Tracie Giles Ltd TM. Trainees are trained in the TG ID Liner range and are authorised by Tracie Giles Ltd to use and advertise this.

14.6 Trainees are only authorised to use ‘ID Liner’ to advertise themselves. They are not permitted to use the Tracie Giles name as self-promotion, only to state the exact course that they have completed and the certificate that they hold.

14.7  Trainees are not permitted to use images, text or logos belonging to Tracie Giles Ltd without express permission from Tracie herself. All images, text copy and logos (including those found on www.traciegiles.co.uk and

www.indelibeliner.co.uk) are copyrighted and trademarked. They are permitted to use the ‘ID Liner’ logo and their Tier logo once achieved.

14.8 Any violations of trade marked property or patent rights will be taken very seriously and Tracie Giles Limited will pursue formal legal action.

14.9 Where any Goods supplied by us embody, include or contain computer program(s) and/or related documentation the copyright in which is owned by a third party, all rights and liabilities associated with the use and/or reproduction thereof will be subject to the terms of the applicable end user licence, to the exclusion of all liabilities and obligations on our part.

14.10 The Buyer will indemnify us against all liabilities for infringement of third party intellectual property rights arising from our compliance with the Buyer’s specific requirements regarding design or specification for the Goods or arising from the use of the Goods in combination with other products.

14.11  In the event that all the Goods or the use thereof (subject as aforesaid) are held to constitute an infringement of any intellectual property rights and the use is thereby prevented, the will at its own expense and option either procure for the Buyer the right to continue using the Goods or replace the same with a noninfringing product, or modify the Goods so that they become non-infringing, or may elect to retake possession of the Goods and refund the Price. Subject to the foregoing, the Seller shall be under no liability to the Buyer for any loss, damage or enquiry, whether direct or indirect, resulting from any intellectual property right infringement of the Goods.

14.12 All Intellectual Property Rights produced from or arising as a result of the performance of any contract shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.

15.POST TRAINING SUPPORT 15.1  Post-training support is available for all courses for one year after course completion. We are able to give advice over the phone, via email or to arrange meetings at the training school.

15.2 Delegates must not contact our Trainers or staff personally either by personal phones, home addresses, e-mails or social network sites. However our staff can be contacted via our business e- mails or on our office phone number 02075841005.

15.3 Your course trainer, Company Directors or other individual staff members may not be able to get back to you quickly due to commitments. However other members of the team, including other trainers will be able to assist you.

15.4  Post-training support is available between Monday to Friday 10am to 6pm. There is limited support available over the weekends and evenings, however we will try to assist where possible.

15.5 Course bookings and device purchases are made subject to and in accordance with the “Terms and Conditions” of Tracie Giles Ltd as listed here within.

16.PRODUCT SALES 16.1 These conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may seek to apply under any purchase order, order confirmation or similar document.

16.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

16.3 Acceptance of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.

16.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties including without limitation as to discounts) shall be inapplicable unless agreed in writing by the Seller.

16.5 Any advice, recommendation or representation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods or otherwise which is not confirmed in writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and, accordingly, the Seller shall not be liable for any such advice, recommendation or representation which is not so confirmed.

16.6 Nothing in these Conditions shall affect the statutory rights of any Buyer dealing as a consumer.

16.7 Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.

16.8 Once a device is purchased, where a loan device and/or hand piece is given in order for device servicing, the following will apply:

16.8.1 A 2 year warranty will apply.

16.8.2 The Buyer/Trainee will be liable for all costs of post and packaging as well as insuring the device to the appropriate market value.

16.8.3 The cost of the service will be taken as a deposit.

16.8.4 The Buyer/Trainee will be liable for all costs associated with the condition that the device arrives in.

17.DELIVERY

17.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the Tracie Giles Limited training school (24 Beauchamp Place, Knightsbridge). The Buyer shall make all arrangements necessary to take delivery of the Goods  and take them away from the training school.

17.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.

17.3 If the Buyer is unable to accept the Goods, then the Seller shall be entitled to place the Goods in storage until such time as delivery of the Goods may be effective and the Buyer shall be liable for any expense associated with such storage.

17.4 If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Seller reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.

17.5 The Seller shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.

17.6 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.

17.7 If a Good is unavailable on completion of a course when the products are given to the Client and is likely to be unavailable for the proceeding 3 months, Tracie Giles Limited reserves the right to substitute the Good for one of the same value.

17.8 Where a delegate is completing a Course on finance, where a product is unavailable an immediate substitution of products of equivalent value will be made.

18.ACCEPTANCE

18.1 The Seller is a distributor of goods and the Buyer is exclusively responsible for detailing the specification of the Goods, for ascertaining the use to which they will be put and for determining their ability to function for that purpose.

18.2 The Buyer is required to examine the Goods upon delivery to them at the Training School [24 Beauchamp Place] and shall be deemed to have accepted the Goods when they sign the sheet given by Tracie Giles Limited detailing the products given to them.

18.3 Accordingly, no claim for defect, damage or quality will be entertained (without prejudice to the Seller’s other rights pursuant to these Conditions) unless written notice together with all supporting evidence is received by the Seller within 14 days of delivery. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

 18.4 The Buyer shall not remove or otherwise interfere with the marks or numbers on the Goods. Should this occur Tracie Giles Limited will not be liable for defects or faulty products.  If tampering is evident on the device, the warranty is void and future servicing is chargeable. 

19.  RISK AND TITLE

19.1 Risk of damage or loss of the Goods shall pass to the Buyer in the case of Goods to be delivered at the Seller’s premises, at the time when the Seller gives the Goods to the Buyer, or in the case of Goods to be delivered otherwise than at the Seller’s premises, at the time of delivery.

 19.2  Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these conditions, the property in the Goods shall not pass to the Buyer until the Seller has received in cleared funds payment in full of the Price of the Goods and of all other Goods agreed to be sold by the Seller to the Buyer for which payment is then due.

 

20. WARRANTY 

20.1 Where the Goods are found to be defective, the Seller shall replace defective Goods free of charge within the manufacturer’s warranty period if acceptable from the date of delivery, subject to the following conditions; 20.1.1  the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;

20.1.2  the defect being due to faulty design, materials or labour;

 

20.2 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.  

20.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to the Seller in respect of the Goods shall be passed on to the Buyer and the Buyer shall have no other remedy against the Seller

20.4 The Seller shall be entitled in its absolute discretion to refund the Price of the defective Goods in the event that the Price has already been paid.

20.5 The remedies contained in this Clause are without prejudice and subject to the other Conditions herein. 

 

21. RELATIONSHIP OF PARTIES

21.1 Nothing contained in these Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Conditions shall be deemed to construe either of the parties as the agent of the other.

 22. ASSIGNMENT OF SUB-CONTRACTING

22.1 The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.

23.WAIVER

23.1 The failure by either party to enforce at any time or for any period any one or more of the Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Conditions of this Agreement. 24.SEVERABILITY

24.1 If any term or provision of these Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

 

25.ENTIRE AGREEMENT

25.1 These Conditions and any documents incorporating them or incorporated by them constitute the entire agreement and understanding between the parties.

26.GOVERNING LAW AND JURISDICTION

26.1 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusion jurisdiction of the English courts.

 

DATE: FEB 19