If you are a Consumer, You have certain statutory rights regarding the return of defective Goods and claims in respect of losses caused by our negligence or failure to carry out our obligations. These Terms shall not affect Your statutory rights.
Definitions: In these terms and conditions of sale, the following meanings shall apply: ‘Company Signatory ‘ means a person authorised by Us. ‘Consumer’ means any natural person acting for purposes outside their trade, business or profession. ‘Contract’ means the contract for the supply of Goods incorporating these Terms. ‘Defect’ means the condition and/or any attribute of the Goods and/or any other circumstances which, but for the effect of these Terms would have entitled you to damages. ‘Goods’ means the goods or when the context permits services to be supplied by Us. ‘Services’ means a predetermined task or a series of tasks completed by Us in response to a request by You. ‘Terms’ means the terms set out in this document and any special terms agreed in writing between a Company Signatory and You. ‘We’ and ‘Us’ means Ultima Cleaning Ltd Registered in England & Wales No3988154 Cardiff and operates The National Academy of Crime Scene Cleaners. ‘You’ and ‘Your’ means the person seeking to purchase Goods or Service/s from Us.
All orders are accepted by Us only under these Terms and they may not be altered – other than with the written agreement of a Company Signatory. Any contrary or additional terms, unless so agreed, are excluded. Quotations are invitations to treat only. Orders may be cancelled only with the agreement of a Company Signatory and You will indemnify Us against all costs, claims, losses or expenses incurred as a result of that cancellation. You shall be responsible to Us for ensuring the accuracy of the terms of any order including any applicable design drawing or specification provided to Us by You and for giving Us any necessary information relating to the Goods within a sufficient time to enable Us to perform the Contract in accordance with its Terms. It is Your responsibility to be fully conversant with the nature and performance of the Goods, including any harmful or hazardous effects their use may have. *Some items are for the use of suitably qualified persons only and We have the right to refuse sale unless You can provide satisfactory evidence of appropriate qualification. Without prejudice of these Terms while we take every precaution in the preparation of our online catalogue, pricelists and other literature, these documents are for Your general guidance only and statements included in these documents (in the absence of fraud on our part) shall not constitute representations by Us and We shall not be bound by them. If you require advice (including Health and Safety information) in relation to the Goods, a specific request for advice should be made and any advice given in writing by a Company Signatory in response to such a request shall amount to a representation and We shall be liable accordingly. We shall not be liable in respect of any misrepresentation made by Us, our employees or agents to You, your employees or agents as to the condition of the Goods, their fitness for purpose or as to quantity or measurements, unless the representation is: made or confirmed in writing by a Company Signatory and/or fraudulent.
This Contract shall be governed and interpreted according to the Law of England and Wales and You agree to submit to the non-exclusive jurisdiction of the English Courts.
The price of the Goods shall be that prevailing at the date of the delivery of the Goods. The price is exclusive of VAT which shall be due at the rate ruling on the date of the VAT invoice. Prices listed or quoted are based on costs prevailing at the time when they are given or agreed. We shall be entitled to adjust the price of the Goods as at the time of delivery by such amount as may be necessary to cover any increase sustained by Us after the date of acceptance of your order and any direct or indirect costs of making, obtaining, handling or supplying the Goods. Prices quoted are applicable to the quantity specified and on the information provided by You at the time of order. In the event of orders being placed for lesser quantities, or if there is any change in specifications, delivery dates, or delay is caused by your instructions or lack of instructions, We shall be entitled to adjust the price of the Goods as ordered to take account of the variations. We shall have the option of supplying any Goods ordered by You in imperial measurements in the nearest equivalent metric measurements and the Goods may be charged in metric measure allowing for conversions.
All payments must be made in Sterling drawn on a bank in the United Kingdom and in accordance with written agreed terms. All payments should be made to Ultima Cleaning Ltd. Payment for Goods is due at the time of ordering, payment will be effected when Your funds have cleared and orders will not be processed until payment has been effected*. In the case of short delivery, You will remain liable to pay the full invoice price of all Goods delivered or available for delivery. Payment for Services is due upon the completion of work and immediately upon receipt of the invoice raised pertaining to it. (Where a Service Agreement is in place, an appropriate Credit Agreement will also be in place, usually requiring payment in 30 days.) You may not withhold payment of any invoice or other amount due to Us by reason of any right of set off or counterclaim which You may have, or allege to have, for any reason whatsoever. We shall be entitled at all time to set off any debt or claim of whatever nature which We may have against You against any sums due from Us to You.
* Some items are only available to suitably qualified operators – see under Contract
Delivery will be effected when the Goods leave Our premises whether carried by Us or an independant carrier, or the premises of our suppliers when the Goods are delivered direct from the suppliers. Delivery dates are given in good faith, but are estimates only. Time for delivery shall not be of the essence of the Contract. For the avoidance of doubt, and without detracting from any other provisions of these Terms, We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt of any liability to any third party) resulting from any delay in delivery of the Goods, or failure to deliver the Goods in a reasonable time – whether such delay or failure is caused by our negligence or otherwise howsoever. We reserve the right to make delivery by instalments and tender a separate invoice in respect of each instalment. Our failure to deliver any one or more instalments, or any claim by You in respect of any one or more instalments, shall not entitle You to treat the Contract as a whole as repudiated. You must provide the necessary labour for unloading the Goods – and unloading is to be completed with reasonable speed. You may collect Goods from Us during our office hours. If they are not collected within 14 days from when We notify You that they are available, a storage charge will be payable before Goods are released. If You fail to take delivery, accept or collect the Goods within the agreed time, in Our discretion, We may make an additional charge, invoice You for the Goods, or treat the Contract as repudiated and, in any case, recover our losses from You. If you collect Goods from Us, You are solely responsible for the size, weight and positioning of the load on the vehicle and shall indemnify Us in respect of all costs, claims, losses or expenses We may incur as a result of your collecting the Goods. If the Goods are to be deposited other than on Your private premises, You shall be responsible for the compliance with all regulations, and for all steps which need to be taken for the protection at all times of persons or property. We shall make a charge for packaging, posting and/or other carraige paid. You will indemnify Us in respect of all costs, claims, losses or expenses We may incur as a result of delivery in accordance with Your instructions,. This indemnity will be reduced in proportion to the extent that such costs, losses, claims or expenses are due to Our negligence.
You must advise Us by telephone immediately and give us written notice within three working days of receipt of Goods of any claim for short delivery. If you do not give Us that notice within that time, the Goods will be deemed to have been delivered in the quantities shown in the delivery documents. You shall not be entitled, and irrevocably and unconditionally waive any rights, to reject the Goods or claim any damages whatsoever, for short delivery howsoever caused. Our liability for short delivery is limited to making good the shortage.
Title and Risk
Risk in the Goods shall pass to You when the Goods are delivered.
Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from Our personal negligence or our liability for fraudulent misrepresentation. Subject to that, We shall not be liable by reason of any misrepresentation (unless fraudulent) or any breach of warranty condition or other term express or implied or any breach of duty (common law or statutory) or negligence for any damages whatsoever. Instead of liability in damages we undertake and at our sole discretion to either repair the Goods at our own expense, or supply replacement Goods free of charge or refund all (or where appropriate part) of the price of the relevant Goods unless the Defect arises from wear and tear, wilful damage, negligence, abnormal working conditions, misuse, alteration or repair of the Goods, failure to follow British Standard or industry instructions relevant to the Goods, or storage of the Goods in unsuitable conditions, or if after the discovery of the Defect We are not given what We would consider a reasonable opportunity to inspect the Goods before they are used, or in any way interfered with (we are not liable for any costs, nor costs You may incur for suspension of work whilst this inspection takes place) or if We are not advised of the Defect by You by telephone upon receipt of the Goods or within three days of delivery. Please note, our liability, in respect of any Defect in workmanship or material of the Goods, will be limited to such rights against the manufacturer or supplier as We may have in respect of those Goods.
You will unconditionally, fully and effectively, indemnify Us against all loss damages, costs on an indemnity basis and expenses awarded against, or incurred by Us in connection with, or paid, or agreed to be paid by Us in settlement of any claim by a third party arising from the supply or use of the Goods. This indemnity will be reduced in proportion to the extent that such loss, damage, costs and expenses are due to Our negligence.
You (not being a Consumer) agree that where the Goods (being electrical equipment) become a waste in accordance with Directive 2002/96/EC (including any amendments and re-enactments thereof) and all applicable Member State implementing regulations and laws (together known as the “WEEE Directive”), You agree to bear the responsibility for ensuring and financing all costs of collection, treatment, recovery and environmentally sound disposal of the Goods in accordance with the WEEE Directive. In addition You (not being a Consumer) also agree to bear responsibility for compliance with such requirements and financing all costs in respect of any Goods (being electrical equipment) which are being replaced by Goods as a new equivalent product fulfilling the same function. Additionally You agree to indemnify and hold harmless Us and any other person who is the producer of the Goods within the meaning of the WEEE Directive from all costs referred to in the actions and activities aforementioned in this paragraph.
Without prejudice to any other provisions within these Terms, in any event, our total liability for any one claim, or for the total of all claims arising from any one act of default on our part howsoever arising (whether arising from our negligence or otherwise) shall not exceed the purchase price of the Goods – the subject matter of any claim. We shall not be liable for any delay or failure to perform any of our obligations in relation to the Goods due to any cause beyond our reasonable control, including industrial action. The waiver by Us of any breach or default of these Terms shall not be construed as a continued waiver of that breach, nor as a waiver of any subsequent breach of the same, or any other provision.
Force Majeure – We shall not be liable for failure to supply any service or product due to a cause beyond Our reasonable control such as war or natural disaster.
Bribery Act Compliance
You shall ensure that in any dealings with Us, neither You nor Your employees or agents shall commit any offence under the Bribery Act 2010 (the Act) including not engaging in any activity, practice or conduct which would constitute an offence under sections 1, 2 or 6 of the Act. You shall inform Us immediately You become aware of any actions between the parties that could constitute an offence under the Act.
Data Protection Act 2018
By seeking to purchase Goods or Service/s, or submitting a request for prices and/or quotes from Us You are agreeing to Us obtaining, collecting, processing, storing and using your personal data for the purpose of supplying such Goods or Service/s, price requests and quotes; administration of any course; and managing and marketing Our Goods and Services to You until You advise Us otherwise in writing.
By submitting the course booking form You are agreeing to the NACSC (Us) and the associated awarding body (Agored Cymru) obtaining, collecting, processing, storing and using your personal data for the purpose of administration of the Course, and thereafter as a NACSC member or associate, that we may obtain, collect, process, store and use such data for the administration, managing and marketing of the Academy and its services and products until You advise Us otherwise in writing.
Booking: To book a place on a course complete and return the booking form to the NACSC helpdesk. Once payment has been received your booking will be confirmed by email together with a receipt for payment. Debit/credit card receipts will be sent upon request via the Royal Mail.
Payments: Payment must be in Sterling drawn on a bank in the United Kingdom and in accordance with written agreed terms. All payments should be made to Ultima Cleaning Ltd. Payment will be effected when Your funds have cleared and your place will be held provisionally until payment has been effected.
The cost of a 3 day course is £870.00 inc. VAT.
Payment Option 1 – Pay in full
Payment Option 2 – Monthly instalments (this carries a 3.5% credit charge)
6 monthly instalments £150.00 per month, total cost £900.00
5 monthly instalments £180.00 per month, total cost £900.00
4 monthly instalments £225.00 per month, total cost £900.00
3 monthly instalments £300.00 per month, total cost £900.00
2 monthly instalments £450.00 per month, total cost £900.00
Please note that the all courses must be fully paid before you will be able to attend, so only the number of months leading up to a course can be taken into account when planning your payments.
Cancellations: *If you notify us more than 30 days prior to course commencement – there will be no charge and we will refund your payment or offer you a place on the next available course. *If we receive notice up between 30 and 8 days prior to first day of the course there will be a charge of 50% of the total amount paid to date or we may offer you a place on the next available course. *For less that 8 days notice prior to the first day of the course there will be a charge of 100% of the total paid to date. *Please note that allowances are only made for severe personal reasons.
Circumstances beyond our reasonable control may force us to cancel a course, in this unlikely event we will offer alternative dates or places on another course or a full refund.
Learner substitutes: There are no penalties incurred but please notify us in advance.
Dress Code: Smart casual dress is recommended for learners attending any courses. There will be an outdoor workshop and we would recommend a warm coat during colder weather.
Copyright: All material and course content is copyrighted and remain the property of The National Academy of Crime Scene Cleaners and is not to be reproduced, copied, filmed, photographed, recorded, or used whatsoever in paper, electronic, or any other form whatsoever without the written permission of a Company Signatory.
The National Academy of Crime Scene Cleaners is a division of Ultima Cleaning Ltd.
This Contract shall be governed, interpreted and enforced in accordance with the Laws of England and Wales and You agree to submit to the non-exclusive jurisdiction of the English Courts.