top of page

STANDARD TERMS & CONDITIONS OF SALE

1. GENERAL

1.1. In these Conditions:-

 

1.1.1. The "Student" shall mean the person, firm, company or other organisation who or which has agreed to purchase Services from the Tuition Centre.

 

1.1.2. The "Tuition Centre" shall mean Ledbury & Penn Institute of Studies.

 

1.1.3. The "Contract" shall mean a contract for the sale and purchase of Services between the Tuition Centre and the Student and/or any other person or organisation on the Student.

 

1.1.4. The "Services" shall mean all services agreed to be performed by the Tuition Centre.

 

1.2. These Conditions shall govern each Contract provided that any additional or alternative conditions may be agreed or stated in writing by and between the Student and the Tuition Centre. These Conditions may not be varied or waived except with the express written agreement of the Tuition Centre. The failure of the Tuition Centre to enforce its rights under a Contract at any time for any period of time shall not be construed as a waiver of any such rights.

 

1.3. All drawings, descriptive matter, specifications and advertising material issued by the Tuition Centre or contained on any Tuition Centre website are issued for the sole purpose of giving an approximate understanding of the Services described within the Contract and shall consequently not be deemed to form part of the Contract. Any representation made orally or in writing by any Tuition Centre representative or Student shall additionally not be deemed to form part of the Contract.

 

1.4. A Contract shall be formed when an order received from the Student is accepted in writing by the Tuition Centre or, if earlier, on the acceptance by the Student, without amendment, of any valid quotation issued by the Tuition Centre.

 

2. PRICES AND QUOTATIONS

 

2.1. The price of the Services will be the Tuition Centre’s quoted price. All quotations issued by the Tuition Centre for the supply of Services shall remain open for acceptance for the lesser of thirty (30) days or such other period as may be stated in the quotation.

 

2.2. The Tuition Centre shall not modify quoted prices at any time before delivery to the Student unless to reflect (a) any changes to its costs resulting from any alteration in or addition to the Student’s requirements or (b) any changes in external costs, charges, duties or taxes arising in relation to the provision of the Services which are outside the control of the Tuition Centre.

 

3. PAYMENT

 

3.1. Unless full or partial payment in advance or other payment terms have been specified by the Tuition Centre, the Tuition Centre shall invoice in full for Services upon Letter of Acceptance being sent to the Student. Provided that the Tuition Centre may issue Letters of Acceptance without invoicing immediately the Student when the Student declares prior to applying for the Services that s/he intends to apply for a scholarship and that his application shall only be considered if s/he is awarded the aforementioned scholarship.

 

3.2. Unless otherwise specified, payment shall be due in the currency invoiced by no later than thirty (30) days from the date of invoice. Bank charges incurred as a result of payment being made from overseas accounts shall be reimbursed to the Tuition Centre by the Student. All payments shall be made free of any demand, deduction or set-off by the Student.

 

3.3. In the event of late payment the Tuition Centre reserves the right to suspend the provision of Services or to institute any legal action for payment of the late payment and to charge interest in relation to the late payment.

 

4. CHANGES

 

4.1. The Tuition Centre reserves the right to modify the Services in order to comply with statutory or EU Regulations, to improve capability or performance, or to supply Services of equivalent performance if those requested are no longer available.

 

4.2. The Tuition Centre reserves the right to make any change on prior notice in the specification of any Services which does not essentially affect the purpose, value, level or price thereof. The Student shall confirm or cancel any order promptly on receipt of such notice.

 

5. TIMING

 

5.1. The Tuition Centre shall use all reasonable endeavours to avoid any delay in the provision of Services on the dates notified to the Student. Failure of the Tuition Centre to perform by the specified date shall not be a sufficient cause for cancellation, nor shall the Tuition Centre be liable for any direct, indirect, consequential or economic loss, or any costs charges or expenses suffered or incurred due to delay in performance of Services.

 

6. CANCELLATION OF CONTRACT

 

6.1. In the event that an order for Services is cancelled by the Student prior to the commencement of the performance, the Student shall be liable to pay the Tuition Centre for an amount equivalent to fifty percent (50%) of the total tuition fees and an administration fee of one hundred Euros (€100.00), or such fee as may be specified in relation to the Contract in question.

 

7. SERVICES

 

7.1. Where the Tuition Centre is to provide Services to the Student at the Student’s premises the Student shall ensure that adequate and safe facilities exist at its premises and that the Tuition Centre is properly notified of any relevant regulations or health and safety requirements. Provided that the Student’s premises shall be adequately insured to cover any third party damages.

 

8. WARRANTY

 

8.1. The Tuition Centre warrants that all Services will be carried out with reasonable care and skill. The Tuition Centre’s sole liability for breach of this warranty shall be at its option to give credit which shall not exceed the value of any amounts received by the Tuition Centre under the same Contract or re-perform the Services in question. This warranty shall only extend for a period of thirty (30) days after the completion of the relevant part of the Services.

 

8.2. All other warranties, representations, terms and conditions (statutory, express, implied or otherwise) as to quality, condition, description or fitness for purpose of the services are hereby expressly excluded, as are all other warranties, representations, terms and conditions (statutory, express, implied or otherwise) in respect of the quality or timeliness of the provision of Services.

 

8.3. The Tuition Centre shall have no liability under any Contract or otherwise in respect of the provision of Services arising from negligence of the Student, abnormal working conditions at the Student’s premises or failure to follow the Tuition Centre’s instructions (whether oral or in writing).

 

9. LIMITATION OF LIABILITY

 

9.1. The Tuition Centre’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of any Contract shall be limited to the total price payable under that Contract in the calendar year in question or the average of the previous three calendar years, if the period of the Contract exceeds one (1) calendar year.

 

9.2. The Tuition Centre shall not be liable to the Student for any indirect or consequential damage, (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any Contract. 

 

10. TRADE MARKS, PATENTS AND INTELLECTUAL PROPERTY

 

10.1. Where the Student supplies any assignment or dissertation to the Tuition Centre the Student warrants that the reproduction of such material will not infringe the intellectual property rights of any third party. Plagiarism is a criminal offence and shall not be tolerated in any circumstances. For the avoidance of doubt, all intellectual property rights in the assignments and dissertations created in the course of carrying out the Services shall at all times remain vested in the Tuition Centre.

 

10.2. The Student shall have no right to use any trademark owned or used by the Tuition Centre.

 

10.3. If any claim is made or alleged that the materials in relation to the Services provided by the Tuition Centre infringe any patent rights, registered designs, copyright or other industrial property rights of a third party, the Student shall forthwith notify the Tuition Centre with full particulars.

 

10.4. The Student shall indemnify the Tuition Centre against all action costs (including the cost of defending legal proceedings) expenses claims proceedings and demands in respect of any infringement or alleged infringement by the Tuition Centre of patent rights registered design, copyright or other industrial rights attributable to the Tuition Centre’s publishing the material submitted by the Student or part thereof.

 

11. INDEMNITIES

 

11.1. Except where the claim arises as a result of the negligence of the Tuition Centre, the Student shall indemnify the Tuition Centre in respect of any claim made against the Tuition Centre arising out of or in connection with the results of any Services.

 

12. TERMINATION

 

12.1. In the event that the Student becomes bankrupt or, being a company, goes into liquidation or has an administrator or receiver appointed or suffers any other action in consequence of debt, the Tuition Centre shall immediately be entitled to terminate the Contract without prior notice and without prejudice to any other rights of the Tuition Centre hereunder.

 

12.2. Without prejudice to any other right or remedy available pursuant to these Conditions, the Tuition Centre and the Student shall have the right to terminate the Contract on the giving of sixty (60) days written notice in the event of a material breach of contract by the other party which is not remedied before expiry of such notice.

 

12.3. Where the Tuition Centre issues such notice, it shall have the right to suspend performance under the Contract in question until the breach has been remedied. Where such material breach is incapable of remedy, the innocent party shall have the right to terminate the Contract forthwith on the service of written notice.

 

13. FORCE MAJEURE

 

13.1. The Tuition Centre shall not be liable in respect of the non-performance of any of its obligations when such performance is prevented by any circumstances beyond its reasonable control including but not limited to strikes, lock outs or labour disputes of any kind (whether relating to its own employees or others), fire, flood, explosion, natural catastrophe, military operations, blockade, sabotage, revolution, riot, civil commotion, war or civil war, plant breakdown, computer or other equipment failure and inability to obtain equipment.

 

13.2. If an event of force majeure exceeds a period of four (4) months either party may cancel the Contract without liability.

 

14. GOVERNING LAW

 

14.1. The Contract shall be governed by and construed in accordance with the laws of Malta and any disputes arising thereof shall be subject to Arbitration as stipulated by the Malta Arbitration Act.

 

15. NOTICES

 

15.1. All notices shall be in writing served on the other party at its registered office.

 

15.2. Notice shall be served by registered post.

 

15.3. Notices served by post shall be deemed to have been served two working days after despatch.

 

16. GENERAL

 

16.1. Any clause of these Conditions deemed to be void, unenforceable or illegal shall not cancel and void the remaining Clauses of these Conditions. For the avoidance of doubt, the rights and obligations emanating from the remaining Clauses of these Conditions and any contract signed by the Tuition Centre and the Student, shall remain enforceable.

 

16.2. The Student shall not assign or otherwise transfer all or any part of its rights or obligations under any Contract without the Tuition Centre’s prior written consent.

_________________________________________________________________________________________

bottom of page