STANDARD TERMS AND CONDITIONS
1. INTERPRETATIONS AND DEFINITIONS
In these Terms and Conditions:
1.1 “TRANSVAAL TRAINING” means MARGER TRAINING & PROPERTIES (PTY) LTD t/a Transvaal Training;
1.2 “The Client” means any natural person who requests training from TRANSVAAL TRAINING in his/her personal capacity or acting on behalf of a legal entity as an authorised representative;
1.3 “The Agreement” means the accepted quotation read together with these Terms and Conditions and the training schedule, which defines training course required, the date of the training and physical address where the training is to take place;
1.4 “FILE” means the training file which may include but not be limited to containing a TRANSVAAL TRAINING Attendance Register, Assessment Documentation, POE’s, and Training Material;
1.5 “FILE CLOSURE” means a file which has been placed in safe storage and is required to be retrieved at the request of the Client or TRANSVAAL TRAINING.
2. GENERAL APPLICATION
2.1 These Terms and Conditions constitute the entire Agreement in connection with each supply of service by TRANSVAAL TRAINING to the Client. All other express or implied Terms and Conditions, including the Terms and Conditions of the Client are excluded to the extent permitted by law;
2.2 The Client is required to sign and return to TRANSVAAL TRAINING a copy of these Terms and Conditions within 7 days of receipt thereof, failing which The Client shall be deemed to have accepted their exclusive application;
2.3 No variation to these Terms and Conditions, whether in a booking or otherwise will be binding on TRANSVAAL TRAINING unless expressly and specifically agreed to in writing by an authorised representative of TRANSVAAL TRAINING.
3. QUOTATIONS AND PURCHASE ORDERS
3.1 The amounts set out in the quotations are given on the basis of costs prevailing at the date of the request from the Client. Should TRANSVAAL TRAINING’s costs, including but not limited to rates charged for travelling and accommodation increase for any reason beyond TRANSVAAL TRAINING’s control, TRANSVAAL TRAINING will be entitled to increase its charges to the Client to the extent necessary to recover such additional costs;
3.2 The Client upon acceptance of TRANSVAAL TRAINING’s quotation must supply TRANSVAAL TRAINING with an official purchase order or confirmation accepting the quotation in writing that agrees to the quotation. TRANSVAAL TRAINING will not book or confirm any training without a correct and valid purchase order or written confirmation of same.
4. RESPONSIBILITY OF THE CLIENT
It is the sole responsibility of the Client:
4.1 To ensure that the quotation for the correct training is requested and received for all training interventions required by the Client;
4.2 To ensure that the correct information for any and all machinery and / or equipment required for training purposes is supplied when requesting a quotation from Transvaal Training: This should include the make, model, a full and an accurate description of the machinery including any and all attachments for the relevant machinery or equipment on which training is to be provided;
4.3 To ensure that when requests for lifting re-certification training are made, that proof of prior training is provided by way of providing Transvaal Training with copies of previous certificates of competence issued. These Certificates may not have exceeded the ninety (90) day grace period after expiry. If the Certificates provided have exceeded the ninety (90) day grace period then these Certificates are no longer acceptable as proof of previous training and re-certification training is no longer valid; In this instance the learner will be deemed a novice and novice training is required;
4.3 To ensure that the training dates and physical address where training is to take place is correct and that there is a safe and suitable designated area where training can be conducted; Should the Client wish to amend the training dates or physical address, then the Client will be liable for any and all additional costs;
4.4 To ensure that any and all machinery and equipment required during the training intervention is in safe working condition so as to successfully complete the training; 4.5 To ensure that the number of students attending the training session corresponds to the number of students as per the quotation received from TRANSVAAL TRAINING as well as the number of students stipulated in the purchase order that the Client supplied to TRANSVAAL TRAINING:
4.5.1 Should the number of students attending the training session exceed the number of students quoted for by TRANSVAAL TRAINING, or if the purchase order received from the Client does not match the number of students who attended the training, TRANSVAAL TRAINING is entitled to charge the Client for any and all additional learners who attended the training as well as any additional administration costs incurred by TRANSVAAL TRAINING;
4.5.2 Should the number of students attending the training session be less than the number of students as per the quotation received from TRANSVAAL TRAINING as well as the number of students stipulated in the purchase order that the Client supplied to TRANSVAAL TRAINING then the Client will be held liable for 100% of the quoted amount; No credits will be granted by TRANSVAAL TRAINING and the Client shall not pro-rata, off-set or deduct any amount from the quotation;
4.6 Failure to comply with any of the above clauses will result in 100% of the quoted amount being charged by TRANSVAAL TRAINING to the Client and the Client shall accept the charge.
5.1 All business is conducted on a Cash-Before-Delivery basis, unless where specified to the contrary. In this regard, payment for each training intervention must be settled in full before any training will be booked;
5.2 In certain instances, TRANSVAAL TRAINING may open a credit facility for the Client. Where such a facility has been granted, the Client will pay all amounts due to TRANSVAAL TRAINING in terms of the Agreement:
5.2.1 Within 30 (thirty) days from date of invoice, unless otherwise agreed in South African currency and free of any deduction, off-set, exchange or any other charges whatsoever.
5.3 Time of payment of invoices by Clients with a credit facility is important. Without prejudice to any other remedy, TRANSVAAL TRAINING may charge interest on any overdue payments at an annual rate equal to 2% per month above First National Bank of South Africa Limited reference rate applicable to business overdraft, as published from time to time.
5.4 If any obligation amount assumed and thereby owed by the Client to TRANSVAAL TRAINING is not paid on due date, TRANSVAAL TRAINING might:
5.4.1 Declare the total amount owing by the Client, to TRANSVAAL TRAINING in respect of any training supplied by TRANSVAAL TRAINING for the benefit of the Client, to be immediately due and payable;
5.4.2 Suspend, cancel or cease to make any further placements of training until all outstanding amounts are paid to TRANSVAAL TRAINING by the Client; 5.4.3 Terminate any credit facilities granted to the Client;
5.4.4 Refuse to provide any further services or undertake any further work for the Client;
5.4.5 Withhold certificates for training completed until all outstanding amounts are settled.
6. FILE CLOSURE AND REOPENING
6.1 Any file opened by TRANSVAAL TRAINING for the purpose of scheduling, providing, conducting, managing and recording any training intervention and its associated documents, shall automatically be closed after a period of five (5) months from the date of which the file was opened, whether or not the file is complete and contains all of the necessary Portfolio Of Evidence documents;
6.2 Should the Client request that a file be reopened for any reason whatsoever, then an administration fee of R850.00 (exclusive of VAT) shall be invoiced to the Client.
7. CANCELLATION AND CANCELLATION FEE
7.1 In respect of training cancelled by the Client:
7.1.1 TRANSVAAL TRAINING is to be notified in writing (email is acceptable) by the Client should the Client wish to cancel training for any reason. A verbal Notice of Cancellation shall not be acceptable unless accompanied by a written Notice of Cancellation to be emailed to the relevant sales representative and to ‘firstname.lastname@example.org’;
7.1.2 The Notice of Cancellation of training is to be received no less than three (3) working days prior to the start of training and the time and date of receipt of the official Notice Of Cancellation shall be noted in this regard; Working days excludes Saturdays, Sundays and Public Holidays;
7.1.3 The relevant sales representative will respond to the Client by email formally acknowledging receipt of the Notice of Cancellation and will inform the Client of the confirmation of cancellation and of the relevant Cancellation Fee applicable.
7.1.4 The Cancellation Fee is subject to the time and date of receipt of the Notice of Cancellation, and shall be calculated as follows:
• Where Notification of cancellation is received prior to three (3) working days before training, the Client shall be liable for 0% of the quoted amount;
A full refund will be granted to the Client provided that the Client requests the refund in writing on the Client’s letterhead and provides proof of banking by means of a cancelled cheque or a bank letter not older than 3 months;
• Where Notification of cancellation is received two to three (2 to 3) working days before training, the Client shall be liable for 20% of the quoted amount;
• Where Notification of cancellation is received within twenty four (24) hours before training, the Client shall be liable for 80% of the quoted amount;
• Where Notification of cancellation is received on the day of training the Client shall be liable for 100% of the quoted amount.
7.2 Cancellation exceptions:
The following exceptions shall be permitted:
7.2.1 Client-issued contracts in which Terms and Conditions of cancellation are detailed and agreed to by TRANSVAAL TRAINING, shall therefore take precedence;
7.2.2 Written authorization (via email) from a Director of TRANSVAAL TRAINING.
8. GOVERNING LAW
The validity of the Agreement, its interpretation, the respective rights and obligations of the parties and all other matters arising out of the Agreement, including its termination for any reason, shall be determined in accordance with the laws of the Republic of South Africa.
9. LEGAL COSTS
Should the Client be found to be in breach of any of the terms of this Agreement, TRANSVAAL TRAINING shall appoint an attorney to make demand or institute legal proceedings against the Client. The Client will be liable for and shall pay, on demand, all legal costs and disbursements so incurred, including the costs of any letter of demand, tracing agents’ fees and collection commissions on the scale as between attorney and own client.
10.1 The Client hereby consents to any action or proceeding arising from the Agreement, or from the granting of credit by TRANSVAAL TRAINING to the Client being instituted in any Magistrate’s Court having jurisdiction over the person of the Client, notwithstanding that the amount of such claim may exceed the jurisdiction of the said Court.
10.2 Notwithstanding this clause, TRANSVAAL TRAINING shall be entitled to institute action in any other court of competent jurisdiction and the Client hereby consents and submits to the jurisdiction of the South Gauteng Local Division of the High Court for the purpose of any legal proceedings arising from or in connection with the Agreement.
11.1 The Parties chose as their Domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notices or other communications of whatsoever nature, the addresses provided. 11.2 Either party may by notice to the other party change its Domicilium citandi et executandi to another physical address in the Republic of South Africa, provided that the change shall be in writing and become effective on the 14th day after receipt of the notice by the other party.
12.1 No addition to, variation, nor agreed cancellation of this Agreement shall be of any force or effect unless in writing and signed by an authorised official of both parties;
12.2 No indulgence which TRANSVAAL TRAINING may grant to the Client shall constitute a waiver of any of the rights of TRANSVAAL TRAINING, which shall not thereby be precluded from exercising any rights against the Client which may have arisen in the past, or which may arise in the future;
12.3 The Client shall not be entitled to cede or assign its rights or delegate its obligations in terms of the Agreement without the prior written approval of TRANSVAAL TRAINING;
12.4 The Client shall not have any claim or right of action arising from any undertaking, representation or warranty not included in the Agreement.
13.1 The Client hereby indemnifies and holds TRANSVAAL TRAINING, its officers, employees, agents and affiliates harmless from any damage, loss, expense or liability of whatsoever nature arising from or in connection with any act or omission by you, your employees, your agents and affiliates, including breach of any obligations set out in this Agreement;
13.2 The Client will at its sole expense, defend any claim or action brought against TRANSVAAL TRAINING, its officers, employees, agents and affiliates, on account of any said act or omission or breach, and will pay all expenses and settle any and all judgements which may be taken in connection with this Agreement.
14. CONCLUSION OF CONTRACT
14.1 The Agreement, as defined above, shall constitute a successful binding transaction between TRANSVAAL TRAINING and the Client;
14.2 In the event that the Client, in any way amends or adds to the Agreement the signature by the Client of the Training Schedule shall not constitute a binding contract between TRANSVAAL TRAINING and the Client, unless TRANSVAAL TRAINING agrees in writing to that addition or variation;
14.3 TRANSVAAL TRAINING shall not be bound by any instructions of the Client, whether oral or in writing, unless such instructions have been expressly agreed to in writing and signed by an authorised representative of TRANSVAAL TRAINING;
14.4 The Client expresses that it fully understands and accepts these Terms and Conditions in their entirety on acceptance of the TRANSVAAL TRAINING quotation.