Terms of payment are 30 days from date of invoice, or where training is delivered in less than 30 days, the date specified on the invoice. Failure by the Customer to comply with the Linked Training’s terms of payment shall immediately entitle Linked Training to suspend any further orders placed and accepted by Linked Training until all outstanding amounts have been paid by the Customer. However, Linked Training reserves the right thereafter not to supply the Customer any further or to convert the Customer’s account to a cash transaction basis only.
Training delivery cancellations more than 7 working days (or the number of days specified in the original quotation) prior to program delivery will receive a full refund. Cancellations less than 7 days or the number of days specified on the original quotation) prior to program delivery will not be entitled to a refund.
Project work will be invoiced at a rate of 25% (or as specified in the original quotation) on engagement. This amount is non-refundable on cancellation of the project.
Linked Training reserves the right to accept in whole or in part any order placed on it or to refuse such order entirely.
Delivery of goods shall be affected by Linked Training to the Customer: -subject to availability; and without any liability on behalf of Linked Training for any delays; and may be by instalment.
Where progress or completion of the project or service is dependent upon approval by the Customer that approval will be deemed to be provided after 5 working days in the absence of communication to the contrary or an extension is agreed between Linked Training and the Customer. Where approval has been or is deemed to be provided the Company will be liable for any monies owing.
Disputed claims must be notified within 14 days of invoice date for such claims to be considered.
Any amount overdue for payment will at the discretion of Linked Training bear interest at the rate of 2.5% per month compounding from the date it becomes overdue until paid.
Subject to any retention of title provisions, title to the goods shall pass to the Customer at the time of delivery.
Notwithstanding any retention of title provisions, risk in the goods shall pass to the customer on delivery.
Notwithstanding the above, title and ownership of the goods shall pass to the Customer only when the Customer has paid Linked Training all that is owing to Linked Training in respect of the goods. Until such payment is made, the Customer holds the goods as bailee for and on behalf of Linked Training.
Until the goods are paid for in full, the Customer shall:
– keep the goods on behalf of Linked Training fully insured against loss, damage and destruction;
– keep the goods clearly identifiable; and
– not grant any charge or mortgage over the goods or otherwise encumber the goods.
If the Customer does not indicate which invoice the Customer is paying, the Customer authorises the Linked Training in its discretion to appropriate any moneys received against amounts then due by the Customer to Linked Training in respect of such goods.
If the Customer fails to pay for the goods on time or within such alternative time as may be agreed to in writing by Linked Training or if the Customer is declared bankrupt, becomes insolvent or enters into an arrangement with its creditors generally or if a trustee in bankruptcy, liquidator, receiver or manager or administrator is appointed to the Customer or to any of its assets, such event shall entitle Linked Training to retake possession of the goods and for that purpose Linked Training shall be entitled to enter upon the Customer’s premises.
Prices appearing in any of Linked Training’s price lists shall not bind Linked Training until the order placed by the Customer has been accepted by Linked Training at the price stated therein or as otherwise notified by Linked Training to the Customer.
All prices are subject to change without notice except that prices will remain firm for orders already placed and accepted by Linked Training.
In this paragraph “GST” means goods and services tax or similar value added tax levied or imposed in Australia pursuant to the GST law or otherwise on a supply. “GST Act” means A New Tax System (Goods and Services Tax) Act 1999 (Cth). Words used in this paragraph which have a defined meaning in the GST Act have the same meaning as in the GST Act unless the context otherwise indicates. The consideration for any supply under or in connection with these terms and conditions does not include GST. To the extent that any supply made under or in connection with this Agreement is a taxable supply, the recipient of that supply must, at the same time as payment is required to be made for the taxable supply, pay to the supplier an additional amount equal to the GST payable on or for the taxable supply. The party which makes the supply must provide to the recipient of that supply a GST tax invoice as required by any relevant legislation.
Prices quoted by Linked Training are exclusive of all taxes, duties and other government charges, unless otherwise indicated. Any such taxes, duties or charges which are applicable to an order shall be calculated by the Linked Training, added to the invoiced amount and shall be payable by the Customer.
Prices quoted by Linked Training do not include freight, travel and accommodation and other costs associated with delivery of the goods to the Customer, unless otherwise indicated, which costs unless specifically agreed to otherwise between Linked Training and the Customer, shall be for the account of the Customer.
Any discounts, settlement allowances or other rebates must be specifically agreed to by Linked Training to be valid and effective.
PRECEDENCE OF TRADING TERMS
Orders will not be accepted otherwise than subject to these terms and conditions of sale. If the terms of the Customer’s order are inconsistent with these terms and conditions of sale, the delivery of the goods to the Customer or to the Customer’s agent shall constitute an offer by Linked Training to sell the goods to the Customer subject to these terms and conditions of sale, which offer the Customer shall be deemed to accept by retaining the goods.
Any indulgence or extension of time shall in no way be construed as a waiver by Linked Training to strictly enforce its rights as set out herein.
These terms and conditions of sale shall be construed in accordance with and be governed by the laws of New South Wales, Australia, in which the Linked Training’s principal office is situated.
Except in respect of provisions implied by statute, the provisions set out herein contain the whole of the terms and conditions, express or implied, made between the Customer and Linked Training and no variation or inclusion of any further provisions shall be binding upon Linked Training unless approved by Linked Training in writing.
EXTENT OF LIABILITY
To the extent permitted by law the liability of Linked Training to the Customer arising herefrom shall not in any case exceed the purchase price of the goods or services in respect of which such liability arises and this limitation shall apply to liability howsoever arising whether in contract, tort (including negligence) or otherwise and shall exclude any indirect or consequential loss or damage. To the extent that the law restricts the ability to exclude liability, liability shall be limited, at Linked Training’s discretion, to the repair or replacement of the goods or the resupply of the services by Linked Training.
Should it become necessary for Linked Training to institute legal action for recovery of any amounts due to it by the Customer, then the Customer specifically acknowledges and agrees that it shall be liable to Linked Training on demand for all costs incurred by Linked Training in recovery of such amounts, including all legal costs on a solicitor and own client scale.
Linked Training is committed to protecting your privacy. When you use our websites we may collect data that will personally identify you (“User Data”) to which Australian data protection laws apply.
We will not sell the User Data to anyone or disclose the User Data except as necessary to deal with matters arising from your use of the site and your contact(s) with us, or in the unlikely event that we believe in good faith that we are required to do so: by court order or other legal/regulatory requirement or in order to protect our rights/property or those of our clients and/or their employees.
We will use User Data to provide and improve our service to you and to notify you of any changes to our terms and conditions of use. From time to time, Linked Training may send you information about other service we offer and believe you may be interested in. We may use User Data for this purpose. If you decide now, or at any later time, that you do not wish to receive this information, please inform us by email at firstname.lastname@example.org.