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2 Educators providing Courses delivered Online

Moderntronics

moderntronics

Harrow,

In these terms and conditions (“Conditions”) the following expressions shall have the following meanings: “Business Day” means any day other than Saturday, Sunday or a public holiday. “Business Hours” means the hours detailed in Condition 32 below. “Contact Hours” means Monday to Friday (inclusive) from 07:00 hours to 17:00 hours but excluding bank holidays. “Contract” means any contract between MT and the Customer for the supply of Hardware and/or Software (with the associated Licence) and/or services which is subject to these Conditions. “Customer” means any person, firm or company who enters into a Contract with MT to which these Conditions apply. “Force Majeure” means any event outside the reasonable control of either Party affecting its ability to perform any of its obligations (other than as to payment) under these Conditions. “Goods” means all or any tangible or intangible goods or intellectual property including but not limited to Hardware and Software which are provided to a Customer in accordance with these Conditions. “Hardware” means any hardware provided by MT to the Customer. “MT” means MODERNTRONICS Ltd. or its servants and agents as the case may be. “Insolvency Event” means any one of the following in relation to the Customer: (i) a notice being issued to propose a resolution for winding up or dissolution, or such a resolution being passed; (ii) a petition for a winding up or an administration or bankruptcy order being presented, or such an order made; (iii)any steps being taken with a view to a voluntary arrangement or other assignment, composition or arrangement with all or any creditors or any moratorium, readjustment, rescheduling, forgiveness or deferral of all or any indebtedness; (iv) suspension of payments to all or any creditors and/or ceasing business; (v)an encumbrancer taking possession of all or any assets; (vi) an administrator or receiver being appointed over the Customer or all or any of its assets; (vii)any action anywhere similar or analogous to any of the foregoing; or MT reasonably believing that any of the foregoing is imminent. “Licence” has the meaning attributed to it in Condition 23 below. “Minimum Term” means the term set out in Condition 17 below. “Party” means MT or the Customer and “Parties” means both of them. “Response Time” means two Working Hours from an initial call to the hotline under Condition 26 or 28 below. “Seminar” means any seminar provided by MT. “Service Operator” has the meaning given to that term in Condition 28 below. “Site” means https://www.moderntronics.com and all subdomains including (but without limitation) “Software” means software or software updates or upgrades provided by MT and licensed to the Customer under Condition 23 below. “Training Sessions” means any training session provided by MT. “Working Hours” means the hours between 9:00 to 17:00 on any Business Day 2. Interpretation In these Conditions, the following rules apply: A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality). A reference to a Party includes its personal representatives, successors or permitted assigns. A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted. Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. A reference to writing or written includes faxes and e-mails. 3. General Information These Conditions apply when MT: sells and delivers Hardware; sells and delivers Licences; sells and delivers Software; or provides repairs or any other services to the Customer. They will also apply to other business transactions unless MT agrees that alternative special conditions apply. These Conditions apply to the exclusion of any other conditions that may be proposed by a Customer or implied by law (insofar as such exclusion is lawful). Part II Specific Provisions for the Use of the Online Shop Customers purchasing Goods from the Site, must read all Parts of these Conditions, which apply to them in full. 4. Consumers The Goods and services provided by MT are designed only for sale to and use by businesses in the course of their business activities. MT does not knowingly sell to any person dealing as a consumer or supply anything for personal use. 5. Customer’s Status By placing an order on the Site, the Customer warrants that he or she is: legally capable of entering into binding contracts and, where the Customer is an individual, that he or she is at least 18 years old; and is dealing in a business capacity and purchasing Goods and/or services for the purpose of his business and not for personal use. Part III General Conditions for the Provision of Goods and Services 6. Formation of Contract Quotations provided by MT to the Customer are not binding on MT. The Customer’s order constitutes an offer to MT to buy the Goods or services. All orders are subject to acceptance by MT. The offer will be deemed accepted, and a Contract formed, when MT sends the Customer confirmation that the Goods have been dispatched (“Dispatch Confirmation”) or, in the absence of a Dispatch Confirmation, when the Goods are delivered. The Contract will only relate to those Goods whose dispatch is confirmed to the Customer by a Dispatch Confirmation or if no Dispatch Confirmation is sent, those Goods which are actually dispatched. MT is not obliged to supply any Goods which may have been part of the Customer’s order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation. Subject to Condition 17 below, an order for services will be deemed to have been accepted, and a Contract formed, when MT sends the Customer confirmation that the services ordered will be provided (“Service Confirmation”) or, in the absence of a Service Confirmation, when the services begin to be provided. Oral representations will only be binding upon MT if they are expressly confirmed in writing by MT to the Customer. 7. Price Unless MT expressly specifies prices to the Customer, MT’s current list of prices applicable at the time of the acknowledgement of order will apply. Unless otherwise agreed in writing, all prices are exclusive of value added tax, postage, freight, insurance, forwarding fees, installation and commissioning, travelling expenses and subsistence, which will be added as appropriate. MT will charge overtime for work outside of their normal Business Hours at up to 150% of the hourly rate from time to time applicable during Business Hours. Subject to Condition 16 below, prices are liable to change at any time, but changes will not affect orders in respect of which MT has already sent the Customer a Dispatch Confirmation or a Service Confirmation as the case may be. The Site contains a large number of products and it is always possible that, despite MT’s efforts, some of the products listed may be incorrectly priced. MT will normally verify prices as part of dispatch procedures so that, where a product’s correct price is less than our stated price, MT will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, MT will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. MT is under no obligation to provide any Goods or services to the Customer at an incorrect (lower) price, even after MT has sent a Dispatch Confirmation or a Service Confirmation in relation to those Goods or services if such incorrect price could reasonably have been expected to be recognised by the Customer as an error. 8. Delivery and Availability The Customer’s order for Goods will be fulfilled by the delivery date in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date the Customer made his order (where such an order leads to a Contract). The period for delivery or performance of the Contract will normally commence on MT’s acknowledgement of the order. However, if the Customer is required to do anything before MT can effect delivery, MT will, as soon as practicable, notify the Customer accordingly. The time within which MT must deliver any Goods will run from the date on which MT receives notice from the Customer that it has duly complied with such notification from MT. Unless otherwise agreed in writing, any periods mentioned in the acknowledgement of order for services and Software development are based on a preliminary estimate of the required workload and therefore are approximate only. Time of delivery and performance is not of the essence. If MT fails to meet any delivery or performance dates set out in the acknowledgement of order and is solely responsible for such failure, the Customer may terminate the Contract but only after MT has been given an opportunity to rectify the situation and subsequently fails to meet the revised set of delivery or performance dates provided by MT to the Customer in writing. Unless MT has been deliberately or grossly negligent, all further claims of the Customer on the basis of the delay in performance are excluded. If MT cannot deliver or perform its obligations under the Contract due to Force Majeure or a failure of the Customer to cooperate or any other act, default or omission of the Customer, then MT will be entitled to perform its obligations under the Contract once the issue has been resolved, provided the issue occurred while MT was still allowed to deliver or perform and MT shall have no liability whatsoever for any delay or its failure to perform its obligations. 9. Agreed Performance Unless specified otherwise in writing, the agreed performance in respect of any repairs provided by MT, at the Customer’s request will be to adjust the relevant unit(s) to MT’s applicable standard specifications for that unit. Where the relevant unit(s) cannot be repaired to MT’s applicable standard specification due to the Customer limiting the repairs required or the time and money to be invested MT may exceed the Customer’s request if MT considers, at its sole discretion, that such additional repairs are reasonable and will ensure the proper functionality of the unit in question. The agreed performance levels for MT’s maintenance and care services are as set out in Conditions 26 and 28 below; for all other services the agreed performance levels will be as set out in the acknowledgement of order. 10. Refunds Where the Customer returns Goods (at the Customer’s cost) because he or she claims that the Goods are defective, MT will examine the returned Goods and will notify the Customer of its findings within a reasonable period of time. If MT (in its sole discretion) deems that the Goods are defective, MT may at its option repair, replace or provide a refund in respect of such defective Goods. MT will process any repair, replacement or refund as soon as practicable and, in the case of any refund, within 30 days of the day MT confirmed to the Customer that the Customer was entitled to the same. Such refunds will be made in full, including a refund of any delivery charges for sending the item to the Customer. 11. Import Duty If the Customer orders Goods for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Customer will be responsible for payment of any such import duties and taxes. Please note that MT has no control over these charges and cannot predict their amount. Customers should contact their local customs office for further information before placing an order. Customers must comply with all applicable laws and regulations of the country for which the Goods are destined. The Customer will indemnify and keep indemnified MT in respect of all costs, proceedings, losses and liabilities resulting from any breach by the Customer of any such laws. 12. Retention of Title to Property The Goods will be at the Customer’s risk from the time of delivery. Property in and title to all Goods will remain with MT until MT has received payment for the full price of all the Goods (and/or all other goods and/or services supplied by MT to the Customer under any other contract whatsoever).. The Customer may sell or use Goods in which title is retained during the course of their normal business, but may not give such Goods by way of pledge or pledge these Goods as security. Until the property in and title to the Goods passes to the Customer: the Customer shall keep the Goods properly stored, protected and insured and separate from all or any other goods whether belonging to MT, the Customer or any third party; MT shall be entitled at any time forthwith to revoke the Customer’s power to deal with the Goods; and such power shall automatically cease if an Insolvency Event shall occur in respect of the Customer; and the Customer shall not make any modification to the Goods, the Software or their packaging or alter, remove or tamper with any marks, numbers or other means of identification used on or in relation to the Goods. Upon termination of the Customer’s power to deal with the Goods, the Customer shall place the Goods at the disposal of MT and MT are hereby irrevocably authorised without the need for consent of any third party but using only such force as may be necessary, to enter upon any premises of the Customer or any third party for the purpose of removing the Goods. If third parties claim title to Goods with retained title, the Customer will inform MT without delay, will notify the person making the claim of MT’s title and will support MT in enforcing its rights, including taking all the necessary steps required to preserve MT’s rights, including commencing litigation at the Customer’s own expense. If the Customer breaches the Contract, e. g. by delaying payment, the Customer will be obliged to return the Goods with retained title if requested by MT, in return for which MT will not terminate the Contract. 13. Payment Where services, maintenance or care are provided on an ongoing basis, MT will invoice the Customer for these at the beginning of the billing period or as soon as reasonably practicable thereafter. The Customer will pay MT’s invoices in full within 30 days from the date of the relevant invoice. Depending on the scope of an order, payments for such services, maintenance or care are due either upon placement of the order by the Customer or upon partial delivery of the same of between 40 to 50% of their respective order value. BACS or cheque are the only methods of payment accepted. Invoices for Seminars and Training Sessions will be issued at the beginning of the respective session and payment is due immediately and without deduction. 14. Delay of Payment Where a Customer fails to pay an invoice by the due date, MT will be entitled to charge the Customer interest on all monies outstanding from the due date until the actual date of payment (both before and after judgment) at a rate of 8% above the base rate of the Bank of England calculated on a daily basis. 15. Setting-Off and Refusal of Payment The Customer cannot exercise any right of set-off in respect of amounts owed to or by MT. 16. Change of Pricing by MT for Ongoing Maintenance or Care MT may increase its prices for maintenance and services by giving the Customer written notice 2 months prior to the end of the Minimum Term. The Customer has 4 weeks from the date of receipt of the written notice from MT to object to the change. Where the Customer so objects, the Customer will be entitled to give notice to MT to terminate the Contract as of the date of the proposed price increase. 17. Automatic Extension of Contract Where services, maintenance or care are performed on an ongoing basis the Contract will come into effect upon acceptance by MT of the first order from the Customer for Software maintenance. The Contract will initially run until the date specified at “Minimum Service Duration” as set out in the “MT Service Product List” or until the expiry date where an expiry date is stipulated in the Contract (“Minimum Term”). Subject to one of the Parties serving written notice of termination on the other at least three months prior to the expiry of the Minimum Term, the Contract will be extended automatically. In the case of Software Licences supplied without a time limit, the Contract will extend until December 31st of the current year. The subsequent extension periods will begin on January 1st and end on December 31st of the respective year. In the case of Software Licences supplied with limited validity (e.g. a licence for 1-year) the extension is based on the terms and conditions set out in the description of the respective licence (e.g. extension by one further year). Unless otherwise agreed in writing, any extension to a Contract will be on the basis of MT’s current price list as at the date of such extension. 18. Delivery Obligations and Shipping The conditions for EXW (ex works) (MT’s premises or such other place referred to in the relevant order) as set out in the Incoterms 2010 apply to delivery of any Goods. Claims for any transport damages and any replacement of damaged Goods, remain with the Customer who is responsible for adhering to the mode and period for the filing of any claims with carriers, shippers and insurers. 19. Scope of Warranty (Material Deficiencies and Deficiencies in Title) MT warrants that the Hardware is free from defects in workmanship and material as at the time of transfer of risk; and warrants that the Software does not contain any flaws which void or substantially reduce its value or suitability for the usual or contracted purpose. Where MT is not the author of the Software, MT does not warrant that such Software will run without interruptions or errors, nor that MT will be capable of resolving all Software errors, nor that the Customer will be capable of achieving all of the functions included in the Software in all of the combinations chosen by the Customer, nor that these will meet the Customer’s requirements. MT will only warrant the quality and/or durability of Goods if it has expressly agreed in writing with the Customer that it will do so. The warranty period is 1 year. Where MT is the author of the Software such Software is subject to MT’s standard warranty. 20. Obligation to Inspect and Serve Notice of Defects The Customer must inspect the Goods upon delivery or repair and must notify MT in writing of any failure by MT to meet the specification within 7 days of delivery or repair or (where the failure was not apparent on reasonable inspection) within a reasonable time being no more than 1 month after discovery of the failure. Where the Customer fails to provide such notice MT will have no liability under its warranty. 21. Liability Subject only to Condition 21 d), MT shall not be liable to the Customer in contract, tort (including without limitation negligence) and/or breach of statutory duty for any loss or damage which the Customer may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of the Contract by MT, its servants or agents, in a sum which is greater than GBP 200,000 per incident or series of connected incidents. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect loss of any kind resulting from these Conditions, its performance or any breach of its terms. Subject only to Condition 21 d), MT shall not be liable to the Customer whether in contract or tort (including without limitation negligence and/or breach of statutory duty) for indirect economic loss of any kind including (but without limitation) loss of business opportunity, reputation, goodwill resulting from these Conditions, its performance or any breach of its conditions. Notwithstanding any other provision herein, nothing in these Conditions shall operate so as to limit or exclude MT’s non-excludable liability in respect of death or personal injury caused by the negligence of MT to exclude the application of Section 12 of the Sale of Goods Act 1979 and to exclude liability for fraudulent misrepresentation. MT’s liability for loss of data is limited to the effort required to restore the data from proper backups provided by the Customer. 22. Third Party Rights If any third party claims or takes action against the Customer, because Goods delivered by MT, or their use in accordance with the instructions provided by MT, purportedly violate their commercial rights or proprietary rights, then the Customer will inform MT of the same. MT agrees that they will assist the Customer in defending such claims. Where the claim is made to the Customer within 12 months of the date of delivery, MT will indemnify the Customer against claims provided that the Customer: appoints MT to defend the claims or to settle the dispute, and promptly notifies MT of any such claim, keeps the Customer informed of all information received and provides such reasonable assistance to MT as it shall reasonably require, does not defend the action itself without coordinating such defence with MT, and does not at any time admit liability or otherwise settle or compromise or attempt to settle or compromise the said claim or action except upon the express instruction of MT, the alleged breach of rights is not based on alteration of the delivered item used by the Customer, and does not use the item delivered by MT in conjunction with other items and/or in a fashion that breaches any such rights, in a situation where the use of the item as delivered by MT would not have breached the rights of the person who has filed the claim. MT may at any time and at its own expense acquire on behalf of the Customer the right to continue to use the Goods, to replace the Goods or alter them in such a fashion that the rights of others are no longer breached. If this is not possible, the Customer shall return or destroy the Goods if required to do so by MT who will reimburse the purchasing price for the Goods less depreciation. If the Customer refuses to do so, MT will no longer defend the claim or provide the Customer with any further support. The Customer has no further rights in case of disputes over proprietary rights with third parties and MT shall have no liability therefore unless MT could be blamed for acting deliberately or with gross negligence. Part IV Special Conditions for Delivery of Software 23. Conditions of Use for Delivered Software In the case of delivery of Software to the Customer, MT hereby grants the Customer a simple, non exclusive and non-transferable, licence to use the Software (“Licence”) . The validity of the Licence is not time limited, unless otherwise specified to the contrary in the terms and conditions of the Licence. MT, grants the Customer the use of such Software in the form of the object code and the user documentation with the use being restricted to one electronic data processing system at any one time and only for the tasks for which it is intended. Unless permitted by law, the Customer will not decompile the Software or perform reverse engineering. The Customer may duplicate the Software but only to the extent that this is required for the permitted use, and in order to allow it to perform data backup. Upon delivery of any Software, including updates and upgrades, the Customer will immediately produce a backup copy. MT may terminate the Licence granted to the Customer pursuant to this Condition 23 with immediate effect if the Customer is in breach of the conditions for the use of the Software for a period of 30 days from the date of a written notice of such a breach from MT or any third party. On termination of this Contract howsoever arising, the Customer will return to MT within 30 days all Software together with any related materials owned and licensed by MT and shall delete all copies and partial copies of the Software however stored within 7 days of service of the notice. Proof of such deletion must be provided to MT without delay. On receipt of prior written consent from MT, the Customer may retain a copy of the Software for the purposes of archiving. 24. Delivery of Software MT will only install the Software if this has been expressly agreed in writing between the Customer and MT. MT is able to provide telephone consultancy and support concerning questions relating to the application of the respective Software products as well as the solution of problems that may occur as provided for in Condition 26 below. 25. Prerequisites for Running the Delivered Software The proper running of Software systems supplied will only be guaranteed if the Hardware and operating system components used correspond to the reference systems of the respective manufacturer(s), as well as having been approved and certified. Unless otherwise agreed in the Contract, the Customer shall ensure that the provisions in this Condition 25 are complied with. Part VMaintenance and Care Application Software 26. Scope of Performance of MT Services for Application Software For the Software products, unless otherwise expressly agreed in writing, MT will provide the following services, denoted by Service Level “SW-Service STANDARD” and Service Level “SW-Service E-STANDARD”: Right to use Software and documentation updates: MT grants the Customer a non-transferable, non-exclusive Licence to use the Software and any documentation or updates. The right of use is not limited in validity, unless otherwise specified in the terms and conditions of the Licence. Software and documentation updates: MT will supply the Customer with the current version of the Software as specified in the Contract. This will be done as specified by the manufacturer of the Software. The documentation will be supplied in the form determined by the manufacturer of the Software. The installation of Software updates will be performed by suitably qualified personnel of the Customer. Alternatively for an additional charge, MT may install the Software updates on behalf of the Customer. Where the Customer has adapted the Software, the Customer will be liable for the additional cost of performing the same adaptation to the new version of the Software or alternatively the Customer may perform the necessary adaptation himself. Hotline (Service Level “SW-Service STANDARD” only) MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. E-mail Hotline (Service Level “SW-Service E-STANDARD” only) MT is able to provide e-mail consultancy and support in relation to queries relating to the application of the respective Software products as well as the resolution of any problems (in so far as it is reasonably practicable to do so) which may occur. This service will be provided by MT during the Contact Hours Wherever possible, qualified consultancy will be provided by MT within the Response Time. MT Hotline: E-mail: hotline@MT.com Internet: http://www.MT.com/customersupport Software error messages Where Software problems occur which MT is unable, for whatever reason, to resolve, the Customer may send a written error message to MT. The purpose of such an error message is to identify the error in the Software and enable the manufacturer to resolve the error. MT shall liaise with the manufacturer(s) of the Software products to resolve any Software errors as promptly as possible. Restoration of any data, regardless of the cause of the data loss, is not the responsibility of MT. 27. Obligation of the Customer to Co-operate Pre-conditions for the provision of the services by MT to the Customer are that the Customer has legally acquired the Software and holds a corresponding Licence to use it. In addition, the Software must be in the same condition that it was in when it was delivered. The services exclusively relate to the current release and delivered version of the Software. If earlier Software versions are used, a one-time update service which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Services will not be performed for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). If the operating system for the Hardware is not included in the Contract, the Customer must update the operating system to the most recent version (e. g. by purchasing updates) if this is required in order to use the new versions of the application Software. Hardware and Operating Systems 28. Scope of Performance of MT Maintenance and Care Services for Hardware and Operating System For Hardware products and the operating system, unless otherwise agreed in writing, MT will provide the following services, denoted by Service Level “HW-Service SPECIAL”: The scope of performance is briefly set out in the “Special Description” for each product listed in the attached “MT Service Product List”. The exact scope of performance will be determined in accordance with the attached description of performance issued by the respective MT service operator (“Service Operator” including but not limited to Hewlett-Packard, Fujitsu Siemens and Silicon Graphics). The following shall also apply: Hotline MT is able to provide consultancy and support by telephone or by e-mail in relation to queries relating to the application of the respective Hardware products and operating system, as well as the resolution, (in so far as it is reasonably practicable to do so) of any problems which may occur. This service will be performed by MT during the Contact Hours: Wherever possible, qualified consultancy will be provided by MT within the Response Time. Where queries arise outside of the Contact Hours, the Customer should address such queries directly to MT’s Service Operator Response time for Hardware failures MT will use reasonable endeavours to solve a query within the Response Time. The Response Time shall be deemed to have been initiated either as soon as the customer service personnel arrives on the relevant site, or as soon as remote diagnosis is started, where either is required to resolve the problem. The appropriate Response Time will be determined in accordance with the attached description of performance issued by the respective MT Service Operator. 29. Services Not Included Unless otherwise agreed in writing, the following services will not be provided by MT to the Customer: a) Repair/re-acquisition of devices that have been damaged as a result of: incidents of war of any type civil wars, nuclear energy, deliberate action of the Customer (not of his subcontractors) b) Repair/re-acquisition that is required because of repair work or alterations of devices carried out by the Customer or any third party without the prior written consent of MT. c) Work required due to interface problems between MT’s devices and those of other manufacturers and suppliers. d) Customer service which is required because a product that is not covered under this Contract has caused an error. e) Customer service that has become necessary because devices have been used under adverse conditions (e.g. including contaminations and deviations from recommended room temperature and relative humidity) or in conjunction with accessories or (device-specific) consumables (e.g. including foreign disks, disk stacks, cassettes, printer paper and print heads of any type) (“Device Specific Consumables”) which do not meet the manufacturer’s specifications. f) Replacement of Device-Specific Consumables. g) Data backup. h) Calibration work that is not related to repair. 30. Restoration of Data/Programs The restoration of data and programs upon repair or replacement of a defective hard disk is limited to starting the copying program (Restore) used to restore the last full data backup. 31. Obligation of the Customer to Cooperate a) Hardware service Pre-conditions for the provision of Hardware services by MT are that the Hardware has been acquired legally and has been installed properly at the Customer’s site. In addition the Hardware affected must correspond to the current revision and be in proper condition when including in the Contract. These pre-conditions shall be met immediately after the expiry of the warranty period specified in the Contract. If the Hardware is included in the Contract at a later date, these pre-conditions must first be confirmed by a takeover inspection of the Hardware by MT, which will be independently invoiced and paid for by the Customer, and if required the pre-conditions will be achieved by MT undertaking the required repair work. b) Operating System Service Pre-conditions for the provision of operating system services are that the Customer has legally acquired the Software and has been granted the necessary corresponding Licence to use it. In addition the Software must be in the same condition as when it was delivered to the Customer. The services exclusively relate to the current release and version of the Software. If earlier Software versions are used, a one-time “Update Service” which will be independently invoiced and paid for by the Customer will be provided to update the Software to the latest version. Operating System services will not be provided for Software adaptations made by the Customer (for example including but not limited to macros, programs, variants, user interfaces and database applications). Part VI Generally Applicable Conditions 32. Prices and Fees for Special Services The following items are not included in the payment for services under Conditions 26 and 28 above and will be invoiced separately in accordance with MT’s current price list: Services performed outside Working Hours on the express request of the Customer. Services to correct errors caused negligently by the Customer or by any unauthorised third party as a result of improper treatment, unsuitable operating media, unauthorised manipulations, Software manipulations, non-adherence to operating conditions or otherwise. ices required due to faulty handling, excessive vibration, chemical influence, excessive dust burden or non-adherence to the properties set forth in the unit specifications. Unreasonable wait times and delays in the performance of services which are caused by the Customer. Services to remedy failures caused by Force Majeure. 33. Backup of Customer Data Prior to the commencement of any service work undertaken by MT, the Customer will backup all data in such a way that it may easily be restored by MT in the event that it is lost in the service process. 34. Change of Installation/Application Site Where maintenance and care services are provided on an ongoing basis by MT, the Customer will immediately inform MT in writing of any change to the installation or application address. If such a change results in an increase in MT’s expenses. MT reserves the right to either increase the prices charged to recover the additional expense incurred or alternatively MT may serve notice on the Customer to terminate the Contract where the new address is outside United Kingdom. 35. Miscellaneous Service Conditions and Obligations of the Customer to Co-operate MT may appoint authorised third parties to provide services. The Customer may only transfer title to services to third parties with the prior written consent of MT. Where defective components or devices are replaced by MT, these will become the property of MT. Extension of the products included in the maintenance agreement may be included in this Contract with the consent of the Customer. On request, MT will offer to the Customer a corresponding extension of the Contract, provided maintenance for the respective product is available. Where MT has to perform any services, the Customer shall accurately and without delay provide MT with any/all information that is required to perform such services. The Customer will provide MT with the name of a competent and appropriately qualified contact person and will provide the name of an appropriate substitute in order for the Hardware and Software to be maintained. Any contact(s) will have participated in the respective Seminars and/or Training Sessions held from time to time by MT or alternatively will have acquired comparable knowledge. These contacts will be available to MT’s technicians on site or will have access to the MT’s hotline as applicable. Consumables and Auxiliaries (which shall include documentation, application programs, data, telephone lines for transmission of voice and data) are not included in the scope of performance and shall be provided by the Customer in the vicinity of the system, such consumables and auxiliaries will be provided during Working Hours or, with prior consultation, outside of these hours. Additionally, the Customer will provide to MT computing time and consumables as required. 36. Specifically Ordered Service Days If service days are ordered for call-off within a specified period, such orders are binding. The services will become due for payment once they have been performed or by the end of the defined time period at the latest. Specifically ordered service days to be called off within a defined time period, can still be called off during a time of three months beyond the expiry of such defined time period. Thereafter they are lost. The claim to payment is thereby unaffected. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

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£395

Professional Certificate in Introduction to International Sales of Goods Governed by English Law in London 2024

4.9(261)

By Metropolitan School of Business & Management UK

This course explores the English legal and regulatory landscape of the sales of goods and the principles on which law practitioners draft and negotiate these contracts. The course introduces some fundamental concepts relating to the rights and obligations of buyers and sellers in sales contracts. It reflects on the remedies offered to the buyer and seller in case of breach of contract while exploring relevant elements of internationality, including the International Commercial Terms of The International Chamber of Commerce.After the successful completion of this course, the learner will be able to; Identify the UK domestic legislative framework of international sales contracts. Understand the construction of contracts of sales of goods and products in English law. Determine the rights and obligations of buyer and seller in international sales contracts. Reflect on the remedies offered to the buyer and seller in case of breach of contract. Identify international rules influencing the UK legal framework of International sales contracts. Understand the different types and effects of incoterms rules. This course explores the English legal and regulatory landscape of the sales of goods and the principles on which law practitioners draft and negotiate these contracts. VIDEO - Course Structure and Assessment Guidelines Watch this video to gain further insight. Navigating the MSBM Study Portal Watch this video to gain further insight. Interacting with Lectures/Learning Components Watch this video to gain further insight. Introduction to International Sales of Goods Governed by English Law QUIZ: Introduction To International Sales Of Goods Governed By English Law Put your knowledge to the test with this quiz. Read each question carefully and choose the response that you feel is correct. All MSBM courses are accredited by the relevant partners and awarding bodies. Please refer to MSBM accreditation in about us for more details. There are no strict entry requirements for this course. Work experience will be added advantage to understanding the content of the course.The certificate is designed to enhance the learner's knowledge in the field. This certificate is for everyone eager to know more and gets updated on current ideas in their respective field. We recommend this certificate for the following audience. Legal advisors. Law practitioners. Contract specialists. Legal officers. Contract managers. Business developers. Trade advisors. Trade compliance officers. Law lecturers. Business lecturers. Legal and business researchers. Average Completion Time 2 Weeks Accreditation 1 CPD Hour Level Advanced Start Time Anytime 100% Online Study online with ease. Unlimited Access 24/7 unlimited access with pre-recorded lectures. Low Fees Our fees are low and easy to pay online.

Professional Certificate in Introduction to International Sales of Goods Governed by English Law in London 2024
Delivered Online On Demand14 days
£29

Advanced Professional Certificate in International Trade Law

4.9(261)

By Metropolitan School of Business & Management UK

Advanced Professional Certificate Courses These are short online certificate courses of a more advanced nature designed to help you develop professionally and achieve your career goals, while you earn a professional certificate which qualifies you for the appropriate continuous professional development (CPD). Advanced Professional Certificate in International Trade Law This Advanced professional certificate course covers essential topics relating to international trade and international sales contracts. First, this course explores international trade's legal and regulatory landscape and how this practice can negatively and positively impact economies, societies, and the environment. In addition, the course introduces some fundamental concepts, reflects on relevant market theories, and then presents an in-depth analysis of complex international trade agreements and mechanisms, including GATT and WTO. Second, the course explores the English legal and regulatory landscape of the sales of goods and the principles on which law practitioners draft and negotiate these contracts. The course introduces some fundamental concepts relating to the rights and obligations of buyers and sellers in sales contracts. Moreover, the course will help participants reflect on the scope and provisions of the Vienna Convention for the international sale of goods by introducing fundamental concepts explaining the obligations of the seller and buyer under the agreement and analysing remedies offered to the buyer and seller. The course also introduces fundamental concepts such as the foreign exchange markets and various payment methods in international trade. Course Details After the successful completion of this lecture, you will be able to; Measure the impact of international trade on economies and the environment. Reflect on relevant market theories. Understand the structure, role, and function of the world trade organisation. Understand the construction of contracts of sales of goods and products in English law. Determine the rights and obligations of buyer and seller in international sales contracts. Reflect on the remedies offered to the buyer and seller in case of breach of contract. Understand the different types and effects of incoterms rules. Reflect on the scope and provisions of the Vienna Convention for the international sale of goods. Understand the obligations of the seller and buyer under the CISG. Analyse remedies offered to the buyer and seller under the CISG. Reflect on the economic foundations of international sales contracts. Understand the function of foreign exchange markets. Understand various methods of payment in international trade. Accreditation The content of this course has been independently certified as conforming to universally accepted Continuous Professional Development (CPD) guidelines. Entry Requirements There are no strict entry requirements for this course. Work experience will be added advantage to understanding the content of the course. The certificate is designed to enhance the learner's knowledge in the field. This certificate is for everyone eager to know more and gets updated on current ideas in their respective field. We recommend this certificate for the following audience. Legal advisors. Law practitioners. Contract specialists. Legal officers. Contract managers. Business developers. Trade advisors. Trade compliance officers. Law lecturers. Business lecturers. Legal and business researchers.

Advanced Professional Certificate in International Trade Law
Delivered Online On Demand
£120

Import/Export & Logistics Management

By Compliance Central

***Become an Import/Export & Logistics Management Specialist*** Did you know that the global trade of goods and services reached a record high of $28.5 trillion in 2023? This interconnected world relies heavily on efficient Import/Export & Logistics Management. This comprehensive CPD-accredited course equips you with the theoretical knowledge and understanding to excel in this dynamic field. This course is designed to provide you with a thorough understanding of the entire import/export process, logistics operations, and supply chain management principles. Through a series of engaging modules, you'll gain the theoretical foundation to navigate the complexities of international trade and ensure the smooth flow of goods across borders. Courses Include : Course 01: Import/Export Course 02: Logistics Management Course 03: Supply Chain Management Learning Outcomes By the end of this Import/Export & Logistics Management course, you will be able to: Demonstrate a thorough understanding of international trade principles and practices. Analyze and navigate the regulatory environment for import/export activities. Apply effective strategies for import/export documentation and compliance. Develop a comprehensive understanding of logistics management concepts and their application in the global supply chain. Identify and evaluate different transportation modes for international cargo movement. Implement effective risk management strategies for import/export operations. Key Highlights of the Import/Export & Logistics Management from Compliance Central: Lifetime access to Import/Export & Logistics Management materials Full tutor support is available from Monday to Friday with the Import/Export & Logistics Management Learn Import/Export & Logistics Management skills at your own pace from the comfort of your home Gain a complete understanding of Import/Export & Logistics Management Accessible, informative Import/Export & Logistics Management learning modules designed by expert instructors Get 24/7 help or advice from our email and live chat teams with the Import/Export & Logistics Management bundle Study Import/Export & Logistics Management in your own time through your computer, tablet or mobile device. A 100% learning satisfaction guarantee with your Import/Export & Logistics Management Improve your chance of gaining in demand skills and better earning potential by completing the Import/Export & Logistics Management This course is designed to provide a comprehensive exploration of Import/Export & Logistics Management. Course 01: Import/Export Delve into the intricacies of international trade. Gain a solid understanding of import/export regulations, trade finance mechanisms, incoterms (international commerce terms), and trade agreements. Explore various international trade policies and their impact on global commerce. Course 02: Logistics Management Master the art of efficient and cost-effective movement of goods. This course explores various logistics functions, including transportation management, warehousing, inventory control, and international freight forwarding. Learn how to optimize logistics operations for global supply chains. Course 03: Supply Chain Management Gain insights into the strategic coordination of a product's lifecycle from sourcing raw materials to final delivery. Explore key supply chain management concepts, such as forecasting, procurement, demand planning, and vendor management. CPD 20 CPD hours / points Accredited by CPD Quality Standards Who is this course for? This Import/Export & Logistics Management course is ideal for: Professionals seeking to understand the theoretical aspects of Import/Export & Logistics Management. Individuals aiming for careers in logistics and supply chain management. Students pursuing studies in international trade and logistics. Business owners looking to enhance their knowledge of import/export operations. Policy makers interested in the regulatory aspects of global trade. Academics researching in the field of logistics and supply chain management. Requirements To enrol in this Import/Export & Logistics Management course, all you need is a basic understanding of the English Language and an internet connection. Career path A successful completion of this Import/Export & Logistics Management course can open doors to a variety of rewarding career paths, including: Import/Export Specialist Logistics Coordinator Freight Forwarder Supply Chain Analyst Customs Broker International Trade Specialist Procurement Manager Certificates 3 CPD Accredited PDF Certificate Digital certificate - Included Each CPD Accredited Hard Copy Certificate Hard copy certificate - £10.79 CPD Accredited Hard Copy Certificate Delivery Charge: Inside the UK: Free Outside of the UK: £9.99 each

Import/Export & Logistics Management
Delivered Online On Demand8 hours
£12

Level 4 Diploma in Import/Export

By Compliance Central

***Navigate the World of Trade: Level 4 Diploma in Import/Export*** Did you know that international trade in goods and services surpassed $28 trillion in 2023? The Import/Export industry is a thriving sector, and with the right knowledge, you can be a part of it. This Level 4 Diploma in Import/Export equips you with the theoretical foundation to navigate the exciting world of international trade. This comprehensive Import/Export course delves into all aspects of Import/Export, from identifying promising products to navigating complex documentation and logistics. You'll gain the theoretical understanding to establish and operate a successful Import/Export business. Learning Outcomes At the end of this Import/Export course, you will: Gain a thorough understanding of the core principles and practices of Import/Export. Develop the ability to identify and source products for international trade. Master the art of marketing and customer acquisition in the global marketplace. Navigate the intricacies of Imp/Exp documentation and supply chain management. Confidently handle pricing, payment methods, and international shipping procedures. Develop a strong foundation for success in the dynamic world of Imp/Export. Key Highlights for Import/Export Course: CPD QS Accredited Proficiency with this Import/Export course After successfully completing the Import/Export course, you will receive a FREE PDF Certificate from REED as evidence of your newly acquired abilities. Lifetime access to the whole collection of learning materials of this Import/Export course The online test with immediate results You can study and complete the Import/Export course at your own pace. Study for the Import/Export course using any internet-connected device, such as a computer, tablet, or mobile device. Module 01: Introduction to Import/Export This module provides a foundational understanding of the Import/Export industry. You'll explore the global trade landscape, international trade agreements, and the various types of Import/Export transactions. Module 02: Organising the Import/Export Operation Delve into the intricacies of setting up and managing an Imp/Exp business. This module covers essential topics like legal structures, business planning, and regulatory compliance specific to Import/Export. Module 03: Products for Your Import/Export Business Learn how to identify and source profitable products for international trade. This module explores product research, supplier selection, quality control procedures, and international trade regulations. Module 04: Target the Marketing and Find Your Customers Master the art of marketing and customer acquisition in the global marketplace. This module covers international marketing strategies, identifying target markets, and navigating cultural considerations. Module 05: Searching, Marketing, and Distribution Explore various methods for searching for international buyers and suppliers. This module delves into international marketing channels, distribution strategies, and incoterms (international commerce terms). Module 06: Documentation and Supply Chain Management Understand the crucial role of documentation in Import/Export. This module covers essential documents like commercial invoices, certificates of origin, and bills of lading. You'll also explore supply chain management strategies for efficient international trade. Module 07: Pricing, Payment and Shipping Procedure Master the intricacies of pricing your products for international markets. This module covers cost calculations, currency fluctuations, international payment methods, and choosing the right shipping options. Module 08: Necessary Tools for Trading Gain an in-depth understanding of the various theoretical resources and knowledge required for successful Import/Export. This module explores trade finance options, international trade laws, and risk management strategies. Level 4 Diploma in Import/Export Module 01: Introduction to Import/Export Module 02: Organising the Import/Export Operation Module 03: Products for Your Import/Export Business Module 04: Target the Marketing and Find Your Customers Module 05: Searching, Marketing, and Distribution Module 06: Documentation and Supply Chain Management Module 07: Pricing, Payment and Shipping Procedure Module 08: Necessary Tools for Trading Certificate of Achievement Endorsed Certificate of Achievement from the Quality Licence Scheme Learners will be able to achieve an endorsed certificate after completing the course as proof of their achievement. You can order the endorsed certificate for Free to be delivered to your home by post. For international students, there is an additional postage charge of £10. Endorsement The Quality Licence Scheme (QLS) has endorsed this course for its high-quality, non-regulated provision and training programmes. The QLS is a UK-based organisation that sets standards for non-regulated training and learning. This endorsement means that the course has been reviewed and approved by the QLS and meets the highest quality standards. Who is this course for? This Import/Export course is perfect for: Import/Export Entrepreneurs Business Development Managers Marketing Executives Logistics Specialists Economics Graduates Requirements Level 4 Diploma in Import/Export To enrol in this Level 4 Diploma in Import/Export course, all you need is a basic understanding of the English Language and an internet connection. Career path Import/Export Manager International Trade Specialist Customs Broker Freight Forwarder Sourcing Specialist International Sales Manager Logistics Coordinator Compliance Officer (Import/Export) This Level 4 Diploma in Import/Export provides a springboard for a rewarding career in the ever-evolving world of international trade. Certificates CPD Accredited PDF Certificate Digital certificate - Included QLS Endorsed Hard Copy Certificate Hard copy certificate - Included CPD Accredited Hard Copy Certificate Hard copy certificate - £9.99 CPD Accredited Hard Copy Certificate Delivery Charge: Inside the UK: Free Outside of the UK: £9.99 each

Level 4 Diploma in Import/Export
Delivered Online On Demand3 hours
£105

Level 4 Diploma in Import/Export & Supply Chain Management - QLS Endorsed

4.7(26)

By Academy for Health and Fitness

24-Hour Knowledge Knockdown! Prices Reduced Like Never Before Did you know that the UK exported over £668 billion worth of goods and services in 2022? The import and export industry is a thriving part of the UK economy, and with the rise of e-commerce, it's only going to get bigger. Are you interested in a career in this exciting field? This Import/Export bundle offers a vibrant spectrum of courses, integrating the nuances of Supply Chain Management, Business Law, Tax Accounting, and Transport and Logistics Management, amongst others, to create a thoroughfare for ambitious learners. In a world where 49% of UK businesses are engaged in international trade, being armed with robust, comprehensive knowledge encompassing Purchasing & Procurement, Intermediate Economics and Business Analysis is no less than a strategic investment in your future. This Import/Export at QLS Level 4 course is endorsed by The Quality Licence Scheme and accredited by CPD QS (with 120 CPD points) to make your skill development & career progression more accessible than ever! With a single payment, you will gain access to Diploma in Import/Export course, including 10 premium courses, a QLS Endorsed Hardcopy certificate (for the title course) and 11 PDF certificates for absolutely free! This Import/Export Bundle Package includes: Main Course: Diploma in Import/Export at QLS Level 4 10 Additional CPD Accredited Premium Courses related to Import/Export: Course 01: Diploma in Supply Chain Management at QLS Level 5 Course 02: Business Law Course 03: Lean Process and Six Sigma Course 04: Purchasing & Procurement Course 05: Tax Accounting Diploma Course 06: Essentials of UK VAT Course 07: Intermediate Economics Course 08: Transport and Logistics Management Course 09: Business Analysis Course 10: Compliance Risk and Management Learning Outcomes of Import/Export Apply import and export regulations and procedures. Identify and mitigate risks associated with international trade. Utilize Incoterms to manage responsibilities and costs in transactions. Implement effective logistics and supply chain management practices. Analyze international trade finance options for import and export. Develop strategies to ensure compliance with customs regulations. Why Choose Us? Get a Free QLS Endorsed Certificate upon completion of Import/Export Get a free student ID card with Import/Export Training program (£10 postal charge will be applicable for international delivery) The Import/Export is affordable and simple to understand This course is entirely online, interactive lesson with voiceover audio Get Lifetime access to the Import/Export course materials The Import/Export comes with 24/7 tutor support Take a step toward a brighter future! Course Curriculum Course 01: Diploma in Import/Export Processing Level 4 Module 01: Introduction to Import/Export Module 02: Organising the Import/Export Operation Module 03: Products for Your Import/Export Business Module 04: Target the Marketing & Find Your Customers Module 05: Searching, Marketing & Distribution Module 06: Documentation & Supply Chain Management Module 07: Pricing, Payment & Shipping Procedure Module 08: Necessary Tools for Trading Course 02: Business Law Module 01: Understanding Business Law Module 02: European Community Law Module 03: The Court System Module 04: Civil and Alternative Dispute Resolution Module 05: Contract & Business Law Module 06: Employment Law Module 07: Agency Law Module 08: Consumer Law and Protection Module 09: Law of Tort Module 10: Business Organisations Module 11: Company Law Module 12: Business Property Module 13: Competition Law Course 03: International Law Module 01: Basics of International Law Module 02: Sources of International Law Module 03: International Law and Municipal Law Module 04: International Organisations Module 05: International Law of Human Rights Module 06: Private International Law Module 07: International Criminal Law Module 08: Law of Treaties Module 09: Territory and Jurisdiction Module 10: Law of the Sea Module 11: International Commercial Law Module 12: International Environmental Law How will I get my Certificate? After successfully completing the course, you will be able to order your Certificates as proof of your achievement. PDF Certificate: Free (Previously it was £12.99*11 = £143) CPD Hard Copy Certificate: Free (For The First Course: Previously it was £29.99) QLS Endorsed Hard Copy Certificate: Free (For The Title Course: Previously it was £99) CPD 220 CPD hours / points Accredited by CPD Quality Standards Who is this course for? Anyone interested in learning more about the topic is advised to take this bundle. This bundle is ideal for: Business owners Trade professionals Supply chain managers Logistics coordinators Finance officers Career changers Requirements You will not need any prior background or expertise to enrol in this course. Career path After completing this bundle, you are to start your career or begin the next phase of your career. Import/Export Manager - £30,000 to £45,000 Supply Chain Manager - £35,000 to £55,000 Logistics Coordinator - £25,000 to £35,000 Procurement Officer - £25,000 to £40,000 Compliance Officer - £28,000 to £45,000 Business Analyst - £30,000 to £50,000 Certificates CPD Accredited Digital Certificate Digital certificate - Included Upon passing the Bundle, you need to order to receive a Digital Certificate for each of the courses inside this bundle as proof of your new skills that are accredited by CPD. Diploma in Import/Export Processing at QLS Level 4 Hard copy certificate - Included Please note that International students have to pay an additional £10 as a shipment fee.

Level 4 Diploma in Import/Export & Supply Chain Management - QLS Endorsed
Delivered Online On Demand5 days
£119