TERMS AND CONDITIONS FOR ONLINE GOODS SALES TO BUSINESS CUSTOMERS
These terms and conditions apply to purchases of goods by Global Ex Solutions (GExS). GExS will not recognize any modifications of these terms or conditions unless agreed to specifically in writing and signed by an authorized representative of GExS. Any terms and conditions contained in any Customer purchase order or other document, that are not consistent with these, shall be rejected/disregarded, unless written agreement to the contrary.
PLACING AN ORDER
Each order is considered an offer by you to buy the Products specified in the order and is subject to these Terms. The order process allows you to check and amend any errors before submitting your order. It is your responsibility to ensure that your order, including any Product specifications, is accurate and complete.
An order is considered accepted upon receipt of email from GExS and the contract between parties is therefore formed
If for any reason we are unable to fulfill the order, GExS will contact the purchaser via email and issue a full refund.
All Products are subject to stock availability.
Sales tax is included in the purchase price.
Typographical or clerical errors including but not limited to published price sheets, quotations, orders, or acknowledgments are subject to correction.
Except as stated in these Terms, neither party can cancel the contract once an order is placed and accepted.
We will provide an estimated delivery date, but delivery times are approximate. We will inform you of significant delivery delays beyond our control.
Delivery is considered complete when Products are delivered to the address specified in your order (“Delivery Location”). The Products are at your risk from that moment.
If you fail to accept delivery, we may consider delivery completed the next working day, and we may store the Products at your expense.
If you do not accept delivery within ten days, we may resell or dispose of the Products.
Our liability for failed delivery is limited, except where it results from an event out of our control or your failure to provide adequate delivery instructions.
For orders of multiple Products, we may deliver in installments and invoice separately. Each installment is a separate contract, and a delay or defect in one does not entitle you to cancel others.
Title to Products passes to you once we receive full payment and any applicable delivery charges.
NO INTERNATIONAL DELIVERY
We do not deliver outside the US.
GExS accepts all major credit and debit cards. Should the client wish to procure and pay using a purchase order ($500 merchandise minimum), the written request would be required to be sent to firstname.lastname@example.org
Payment by credit and debit card is required in advance for Products and applicable delivery charges.
Products are intended for use in the USA. GExS do not warrant compliance with laws, regulations, or standards outside the USA.
If you notify us in writing of non-compliance with the warranty, provide access for examination, and, if requested, return the Products at your own cost, we may repair, replace, or refund the defective Products.
We are not liable for warranty breaches if you:
- use the Products after notifying us.
- follow your specifications.
- alter or repair the Products without our consent.
- face fair wear and tear, damage, negligence, abnormal conditions; or
- if the Products differ from the description due to legal or regulatory compliance.
It is understood and agreed that GExS’s liability hereunder or in connection with the manufacture or sale of the products described herein, whether in contract, in tort, for in- infringement, under any warranty, in negligence or otherwise shall not exceed the amount of the purchase price paid by the customer. Except to the extent otherwise expressly provided in the indemnification provision(s) of this agreement, neither party will be liable to the other party (or to any person or entity claiming through the other party) for lost profits or special, incidental, indirect, or consequential damages arising out of or in any manner connected with this agreement, any statement of work or purchase order or the subject matter hereof, regardless of the basis on which the party is entitled to claim damages from the other party (including fundamental breach, negligence, misrepresentation, or other contract or tort claim) and whether or not such party has been informed of, or otherwise might have anticipated, the possibility of such damages.
GExS are not liable for failure or delay in the performance of our obligations under the contract due to acts or events beyond our control.
In case of an unforeseen event, we will contact you to notify the event’s impact on the contract, and our obligations will be suspended. Where the event affects Product delivery, we will arrange a new delivery date after the event.
No waiver by either party with respect to any breach or default or of any right or remedy and no course of dealing, shall be deemed to constitute a continuing waiver of any other breach or default or of any other right or remedy, unless such waiver be expressed in writing and signed by the party to be bound. All typographical or clerical errors made by GExS in any quotation, acknowledgment or publication are subject to correction.
The validity, performance, and all other matters relating to the interpretation and effect of this agreement shall be governed by the laws of the state of Texas, without giving effect to its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods to this Agreement are expressly excluded. The customer and GExS agree that the proper venue for all actions arising in connection herewith shall be only in the State where the Products involved in such actions were manufactured and the parties agree to submit to such jurisdiction. The customer shall not assign its rights or delegate its duties hereunder or any interest therein or any rights hereunder without the prior written consent of GExS, and any assignment without such consent of GExS and any assignment without such consent will be void.
Training & Courses Terms & Conditions
These Terms and Conditions of Business are between GLOBAL EX SOLUTIONS Training Institute and/or any subsidiaries (the TRAINING PROVIDER) and the buyer of such services (hereinafter called the “CUSTOMER”).
1.0 Class Booking
1.1 Prior to the commencement of the training services the Registration form must be completed, signed, and returned to email@example.com along with a photo of the candidate.
1.2 After receipt of the booking, the booking will be confirmed and the terms under clause 2 “Transfer, Substitutions or Cancellation” will apply thereafter.
1.3 Late bookings are acceptable, subject to availability.
Lunch is provided on full-day class (unless otherwise agreed with the Customer) and delivered on GLOBAL EX SOLUTIONS’s premises only. Refreshments are provided in all classes (unless otherwise agreed with the Customer) and delivered on GLOBAL EX SOLUTIONS’s premises only.
2.0 Transfer, Substitutions, or Cancellation
2.1 GLOBAL EX SOLUTIONS will accept substitutions on all classes. Classes that require registration with an awarding body can be substituted (if within the awarding bodies’ registration timescale) but the registration fee would be charged for everyone.
2.2 Full class fees must be paid for cancellations made within 10 working days of the class date. No charge will be made for cancellations outside of this timescale. Any payments already received will be refunded to the Customer less a 15% administration charge.
Written notification or e-mail is required to transfer, substitute, or cancel a participant from a training class.
If the customer reschedules any arranged training within 10 working days of the class date a 15% administration charge will be payable by the Customer.
The GLOBAL EX SOLUTIONS reserves the right to cancel a class at any time due to operational reasons beyond its control or if there is insufficient demand. An alternative date, credit or full refund will be given to the Customer.
GLOBAL EX SOLUTIONS reserves the right to ask any participant to leave a class on the grounds of poor conduct or misbehavior, under these circumstances no fees paid will be refunded and the full cost of the class must be paid under the terms stated in clause 3 “Fees and Payments”.
Full class fees must be paid for participants who fail to attend or leave the training class for any reason.
GLOBAL EX SOLUTIONS reserves the right to modify the class content in its commitment to continuous improvement of its services to Customers.
Due to unforeseen circumstances, GLOBAL EX SOLUTIONS reserves the right to amend class dates. In this instance, GLOBAL EX SOLUTIONS will inform the Customer should they have already booked onto the scheduled class date.
Move the venue of any class due to operational reasons beyond its control.
GLOBAL EX SOLUTIONS reserves the right to change these terms and conditions at any time and will re-submit to the Customer a hard copy of the amendments.
These terms and conditions supersede all other Terms of Business.
3.0 Fees and Payments
Upon receipt of the booking with the relevant payment or purchase order details, Joining Instructions will be issued to the Customer.
Externally Accredited class fees incurred by GLOBAL EX SOLUTIONS will be charged to the Customer and cannot be refunded if the Customer cancels, reschedules to another class date, or fails to attend the training.
All classes will be non-residential unless otherwise stated in the joining instructions.
Any accommodation and subsistence incurred which are not included in the class fees must be settled with the venue on departure by class members unless otherwise stated and is not the responsibility of GLOBAL EX SOLUTIONS.
GLOBAL EX SOLUTIONS does not accept any responsibility for damage incurred to property during a residential visit.
5.1 Subject to satisfactory completion, a GLOBAL EX SOLUTIONS certificate will be awarded. On achievement of an externally accredited class, the awarding body certification will be issued.
5.2 In most cases replacement certificates can be supplied. The cost of the certificate plus a 15% administration fee will be charged.
6.0 Customer Satisfaction
6.1 Upon completion of the Class, an Evaluation Form will be completed by the class participant. Any comments made will help to improve the quality of the training class.
6.2 Official complaints must be made in writing within 30 days, from the last day of the class.
7.0 Data Protection
We will use the information you give us to supply the goods and services you have ordered and to inform you of other goods and services that you might be interested in. We will store that information as securely as possible.
7.2 We will not pass your details to any other organizations without your authority to do so.
7.3 We will pass your details to third parties (e.g. government agencies) where we are required to do so by law.
8.1 GLOBAL EX SOLUTIONS reserves all rights on all class notes and material provided for a company or participant and no part of the class notes or training material may be reproduced transmitted or amended in any form without prior written permission from GLOBAL EX SOLUTIONS.
9.0 Limits of Liability
9.1 The Customer agrees to limit GLOBAL EX SOLUTIONS’s liability arising from GLOBAL EX SOLUTIONS’s professional activity, errors, or omissions, such that the total aggregate liability of GLOBAL EX SOLUTIONS shall not exceed GLOBAL EX SOLUTIONS’ total fee for the services rendered on the project in question, except in the case of gross negligence or wilful misconduct on the part of GLOBAL EX SOLUTIONS as decreed by a court of competent jurisdiction.
9.2 No liability shall attach to GLOBAL EX SOLUTIONS, its directors, employees, servants, or agents, including individual experts or technical committees for any personal injury, property damage, or other damage of any nature whatsoever arising out of reliance upon GLOBAL EX SOLUTIONS class content. This limit of liability extends to injury and damage arising from direct reliance upon quoted industry standards.
9.3 GLOBAL EX SOLUTIONS shall not be liable to the Customer for any consequential damages incurred by the Customer due to the fault of GLOBAL EX SOLUTIONS, regardless of the nature of this fault whether it was committed by GLOBAL EX SOLUTIONS, its employees, agents, or Subcontractors. Consequential damage includes but is not limited to, loss of use and loss of profit.
9.4 GLOBAL EX SOLUTIONS accepts no responsibility for delay, loss, or damage caused by circumstances beyond their control.
10.0 Applicable Law
State of Texas law shall apply to the Contract and the parties agree exclusive jurisdiction of the States of Texas Law Courts.
Any provision of this proposal that may be held invalid, void, or unenforceable for any reason shall not affect any other term or condition of this proposal and such term or condition shall be replaced or interpreted to accomplish the intent of the parties.
No modifications, waiver, or amendment of any of these Terms and Conditions including assignment of the Customer’s rights and responsibilities hereunder shall be binding upon GLOBAL EX SOLUTIONS unless agreed to in writing signed by an agent of GLOBAL EX SOLUTIONS.