Terms and Conditions
TERMS AND CONDITIONS:
A fixed charge, as specified on the online order, will be applied for postage and packaging on all orders to the UK mainland (excluding UK Islands and Highlands). Orders outside of the UK or to UK Islands, Highlands and Northern Ireland will be subject to an additional postage charge. Postcodes for the Scottish Highlands and Scottish Islands are as follows:
Scottish Highlands includes postcodes:
AB30-56, FK17-99, G83, IV1-39, IV52-54, IV63, KW1-14, PA21-40, PH14-26, PH30-41, PH49-50.
Scottish Islands includes postcodes:
HS1-9, IV40-51, IV55-56, KA27-28, KW15-17, PA20, PA41-49, PA60-78, PH42-44, ZE1-3.
Please note that orders received on weekends and holidays, or after 2pm (Mon-Fri) may
not be processed until the next working day.
No orders, including online training courses will be processed between the hours of 11pm and 8am.
Delivery times are indicative times only and are not guaranteed; however all orders will be processed and delivered to you as quickly as possible. The delivery of Health and Safety Signs
will be despatched as quickly as possible, though unfortunately we can not provide a 48 hour delivery service on our range of Health and Safety Signs as they are all bespoke and made to order, Health and Safety Posters are not affected by this.
All Training Courses
and Bespoke Health and Safety Documentation
will be delivered Electronically via Email or directly via our ELearning Websites. All bespoke Health and Safety Documentation will be supplied in PDF format unless otherwise stated. Course logon details will be emailed to the email address provided at the time of ordering once the order has been received
and processed. All training courses must be completed within 6 months of being purchased. All online training courses are sold as individual training training course, ie: one person per course; if multiple candidates need to complete the training, the corresponding number of courses will need to be purchased and each candidate will be provided with their own unique login. Online courses are not designed for group training.
Free delivery is available on qualifying orders only and only applies to products being sent using our UK Express delivery option and does NOT include deliveries to the Highlands; Islands (inc. IoW, IoM, CI's etc); or Northern Ireland.
To qualify for free delivery your order must be over £150.00 (exc. VAT and delivery charges), we also reverse the right to withdraw our free delivery service at any time and without notice.
You will be notified by e-mail that your order has been received and processed. Bushell Investment Group Business Services Limited reserves the right to decline any orders, for any reason, and will usually offer an explanation for the refusal of your order. Bushell Investment Group Business Services Limited uses a well-established delivery contractor offering what we believe to be the most reliable service available, allowing your purchases to arrive in the best possible condition. We aim to deliver your goods within 24-48 hours from receipt of cleared payment (excluding weekends and holidays); however, please allow up to 28 days for delivery. We can deliver to your business address or any alternative address specified – please advise us when placing your order. As we deliver from a number of warehouse units throughout the UK, your order may be despatched in one or more packages. If items are not in stock, or the order will be unduly delayed we will contact you either by telephone or email to advise you of this.
If you receive damaged products or if any items are missing from your order, you must notify us within 24 hours so that the appropriate actions can be taken. If the package is obviously damaged, please make a note as such when signing for the delivery.
Please note that customised, special order, bespoke products and online training courses are non-returnable or refundable. Delivery charges will not be refunded. If you want to return your goods for whatever reason, send them back to us within seven days of receipt.
If you are returning goods simply because you have changed your mind, and you would like a refund, the goods must be returned unopened, in perfect condition and with the security seal (where applicable) intact to the address shown on the sales invoice.
If you are returning damaged or faulty goods, Bushell Investment Group Business Services Limited will supply you with replacement goods at no extra cost.
A 20% administration/restocking fee will levied against any orders that have been cancelled or returned, including undelivereable items. Please note that the delivery costs to send the item to you originally will also not be refunded and that we will need to receive all returned goods within 7 days from receipt of the goods to you. Failure to return them within this period will result in the items not being refunded at all.
A valid receipt/sales invoice should be also enclosed for any item(s) being returned.
As the customer you are also responsible for writing to us to explain your dissatisfaction with the goods, or for providing a description of the damage. You are reminded of your responsibility to the items in your care. Bushell Investment Group Business Services Limited cannot accept responsibility for damages of goods in your care, or in transit when returning items to us.
As proof of postage cannot be regarded as proof of delivery, we would suggest that you use recorded delivery, registered post or a courier to return items. It might also be a good idea to insure the goods for their full value, as we cannot accept liability for any damage or loss incurred in the post.
Bushell Investment Group Business Services Limited will, at all times, assure you of the best possible service, however in accepting this, your statutory rights are not affected or limited in any way.
Trade Descriptions Act:
Every care has been taken to ensure that the descriptions, pictures and specifications are correct and are accurate at the time of publication. Products may however differ slightly to the images shown, but will always be of an equivalent or higher standard. Occasionally with generic items such as clothing and first aid supplies, products may become discontinued or simply be no longer available and in these situations we reserve the right to provide equivalent products from alternative manufacturers/suppliers.
Software products are intended to be used as a management tool by competent persons.
As products are regularly updated; rebranded and improved, Personal Protective Equipment (PPE), First Aid Kits/Supplies and other Safety Products such as posters, signs and notices etc may vary slightly to those illustrated, but will always be of an equivalent or higher standard.
All customised and bespoke documentation prepared for clients will be issued in secure PDF Format unless otherwise stated.
Bushell Investment Group Business Services Limited reserve the right to alter our prices at any time. All our prices are denominated in UK Pounds Sterling (£). Where applicable, VAT will be added at the current UK rate.
We accept a broad range of payment types - inc Visa, MasterCard, Meastro and Electron. Your order will only be processed subject to payment being authorised. Please note that the payment transaction will take place prior to delivery. Bushell Investment Group Business Services Limited use WorldPay for online credit and debit clearing, in conjunction with the Royal Bank of Scotland.
We are also able to take cheque payments by mail, cheques should be made payable to Safety Services Direct Ltd.
We collect your personal information in order to provide you with the best possible service. The type of personal information includes:
We will never collect sensitive information about you or any payment information without your consent. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act). We will only share your details with our ‘Partners’ as and when it is considered necessary. The information we hold will be accurate and up to date as far as possible. If you find any inaccuracies please inform us and we will correct it as soon as possible. The personal information, which we hold, will be held securely in accordance with our internal security policy. If you have any questions/comments about privacy, you should email us at info@SafetyServicesDirect.com and we will endeavour to reply within 5 working days. By agreeing to these terms and conditions you agree to opt in to receive a promotional/informational flyer on a regular basis. You may however opt out of this service after receiving your first email.
Purchases of Bushell Investment Group Business Services Limited’s Software is subject to a Software Licence Agreement. Your purchase of the software signifies your acceptance of this Licence Agreement as specified below:
Safety Services Direct reserves the right to decline any order including software on any basis. In the event the purchase has been completed, the order may be declined and a full refund made.
Safety Services Direct undertake a number of checks for each product purchase. If our criteria is not met, an order may be declined. The above criteria is srtrictly confidential.
Software Licence Agreement
Notice to User
This is a contract. By purchasing our Software, you accept all the terms and conditions of this Agreement.
The Bushell Investment Group Business Services Limited End User Licence Agreement accompanies Bushell Investment Group Business Services Limited Software products and related explanatory written materials, and any written material directly produced by the products which in its entirety, can be attributed to Bushell Investment Group Business Services Limited's copyrighted material(“Software”). The term 'Software' shall also include any upgrades, modified versions, templates or updates of the Software licensed to you by Bushell Investment Group Business Services Limited. This copy of the Software is licensed to you as the end user. You must read this Agreement carefully. Bushell Investment Group Business Services Limited grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Copyright. Bushell Investment Group Business Services Limited owns the Software. Copyright Law and International Treaty Provisions protect the Software. Therefore you must treat the Software like any other copyrighted material. You agree not to reproduce the software wholly or partly, you agree not to modify, adapt, disassemble or otherwise attempt to discover the source code of the Software. This Agreement does not grant you any intellectual property rights to the Software.
2. Use of the Software. This Software is licensed for use by a single user. You may install one copy of the Software in a single location on a hard disk or other storage device. You may install and use the Software on a file server for use on a network for the purpose of permanent installation, or other storage devices, or use the Software over such networks to make a backup copy of the Software.
3. Transfer. You must not rent, lease, lend or sublicense the Software. You are strictly prohibited from transferring your rights to use the Software to another person or organisation without the explicit written permission of an authorised officer from Bushell Investment Group Business Services Limited
4. No Warranty. The Software is being delivered to you AS IS and Bushell Investment Group Business Services Limited and its Partners makes no warranty as to its use or performance. Bushell Investment Group Business Services Limited and its Partners makes no warranties, expressed or implied, as to the fitness of the Software for any particular purpose, the performance of, or the results that you may obtain by using the Software. Every reasonable effort has been made to ensure that the information and content of the Software is accurate, but no responsibility can be accepted for any errors or omissions; or for any incorrect assumptions or conclusions reached from using the Software. The Software is not intended to be, nor should it be considered as amounting to, professional advice that is capable of being relied upon. Users should seek their own competent advice where required. In no event will Bushell Investment Group Business Services Limited or its Partners be liable to you for ANY consequential, incidental or special damages, including any lost profits or lost savings.
5. Governing Law and General Provisions. The laws of England and Wales will govern this Agreement. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining aspects of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be exported, transferred or shipped into any other country, or used in any manner prohibited by export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure, by you, to comply with any or all of these terms. This Agreement may only be modified, in a written format, by an authorised officer of Bushell Investment Group Business Services Limited.
© Bushell Investment Group Business Services Limited T/A Safety Services Direct (referred to as Safety Services Direct hereafter). All rights reserved.
Registered Office: Units 7 & 8 Danver Court, Clovelly Road Ind. Est., Bideford, EX39 3HN
Registered in England and Wales.
Company No: 5216927.
VAT No: GB 862 971 685
Terms & Conditions For Consultancy Services
- The Client’s written acceptance of these terms and conditions and, where included, the associated proposal for Services, shall constitute a contract between the Client and Bushell Investment Group Business Services Limited T/A Safety Services Direct (referred to as Safety Services Direct hereafter), which contract will be subject to any terms and conditions stated in the proposal and these terms and conditions.
- These terms and conditions apply in preference to and supersede any terms and conditions referred to, offered or relied upon by the Client, whether in negotiation or at any stage in the dealings between Safety Services Direct and the Client, with reference to any Services performed. The Consultant will not be bound by any other standard or printed terms and conditions furnished by the Client in any of its documents unless The Client specifically states in writing separately from such documents that it intends such terms and conditions to apply and Safety Services Direct acknowledge such notification in writing
The following definitions shall apply to these terms and conditions:-
- “Consultant” shall mean Bushell Investment Group Business Services Limited T/A Safety Services Direct. (referred to as Safety Services Direct hereafter).
- “Client” shall mean the person, firm, company or organisation for whom the Consultant is performing the services.
- “Agreement” shall mean the contract referred to in Clause 1.
- “Services” shall mean the services to be performed by the Consultant in accordance with the proposal.
- “Third Party” means any person other than the Consultant, The Client or their respective employees or agents.
PERFORMANCE OF SERVICES
The Consultant confirms that the Services will be performed with reasonable skill, care and diligence and in accordance with sound professional standards to the level generally followed by recognised consultants performing services of a similar nature.
COMPLIANCE WITH LAWS
- This Agreement shall be governed by and construed in accordance with English law.
- The Consultant shall in all matters connected with the performance of the Services and the Agreement observe and comply with, and shall require its personnel to observe and comply with, all statutes, statutory instruments, bye-laws and other regulations of any local other statutory/government authority or public body having jurisdiction.
The Consultant shall keep confidential all information as to the business of the Client, which shall come or have come to the knowledge of the Consultant in the course of performing the Services, provided that this restriction shall not apply to any information which is, or legitimately enters, the public domain. Copyrights for all reports, documents and the like produced by the Consultant shall remain with the Consultant.
LIABILITY AND INSURANCE
6.1 Notwithstanding anything to the contrary contained elsewhere in this Agreement, the total liability of the Consultant under or in connection with this Agreement for any claim, whether in Contract or in Tort, in negligence or for breach of statutory duty or otherwise, shall be limited to the lesser of
- £100,000 (One Hundred Thousand Pounds); and
- Four times the value of our fee
provided always that any such liability of the Consultant shall be limited to such sum as the Consultant ought reasonably to pay having regard to the Consultant’s responsibility for the same, on the basis that all other parties appointed or to be appointed by the client to perform any services in relation to the Works and/or the Project and all other parties providing design, management or financial services or labour or materials or plant or equipment for incorporation into the Works or the Project or executing the Works and/or the Project or any part thereof shall be deemed to have provided Contractual undertakings on terms no less onerous than those applicable to the Consultant in respect of the provision of their services or labour or materials or plant or equipment in respect of executing the Works and/or the Project or any part thereof and shall be deemed to have paid to the Client such contribution which it would be just and equitable for them to pay having regard to the extent of their responsibility for any loss or damage.
- In particular but without prejudice to the generality of the foregoing, the total liability of the Consultant to the extent that such liability arises only from acts or omissions of the Consultant or its employees or agents under or in connection with this Agreement for any claim arising out of or in connection with pollution or contamination shall be limited to the lesser of:
- the direct costs incurred by the Client in cleaning up the site of the Works or any part or parts thereof; and
- the sum of £100,000 (One Hundred Thousand Pounds), or if lesser, the amount recoverable by the Consultants in respect of such claims under any Professional Indemnity insurance policy taken out by the Consultant.
- Professional Indemnity Insurance cover is maintained on an “each and every” claim basis apart from claims arising from pollution or contamination where cover is maintained on an “aggregate” basis during each 12 month periods of insurance cover.
- The Client shall indemnify and keep indemnified the Consultant from and against all claims, demands, proceedings, damage, costs, charges and expenses arising out of or in connection with this Agreement, the Works and/or the Project in excess of the liability of the Consultant agreed in Clauses 6.1 & 6.2 above, or which may be in respect of events occurring after expiry of the period of liability stated in Clause 6.5 below.
- No action or proceedings under or in respect of these terms and conditions, whether in Contract or in Tort, negligence or for breach of statutory duty or otherwise shall be commenced against the Consultant following completion of the Services or other such period as agreed herein or elsewhere.
- The Consultant has arranged Professional Indemnity Insurance cover for an amount of £100,000 (One Hundred Thousand Pounds) for each and every claim (other than for claims arising from pollution or contamination where such amount applies in the aggregate in each 12 month period of insurance cover).
- The Consultant will use all reasonable endeavours to maintain cover for the period stated in clause 6.5 above, providing such insurance remains available to the Consultant at commercially reasonable rates.
- The Consultant will accept no responsibility or liability for any loss or damage to the Clients IT systems, information or software resulting from the installation, attempted installation or use of any software product by the Consultant.
- The Client shall supply, without charge and in such time so as not to delay or disrupt the performance of the Consultant in carrying out the Services, all necessary and relevant information, in his possession or available to him from his other agents or Consultant.
- Should information not be supplied in good time no refund will be due to the client for services not be completed as a result of this failure.
- The client shall ensure that all electronic data, information, software programmes and other computer systems are securely backed up prior to the installation, amendment or modification of any software or data by the Consultant.
- The parties shall attempt in good faith to settle any dispute by mediation.
- Either the Client or Consultant may refer any dispute under the Agreement to adjudication in accordance with the Construction Industry Council Model Adjudication Procedure, which is hereby incorporated into the Agreement.
- Records of evidence given and opinions expressed in mediation and adjudication proceeding shall not be admissible as evidence in any subsequent proceedings solely on the grounds that they were included in such records. Nevertheless, facts once established and agreed upon by the parties may be recorded and then accepted in later proceedings. No person appointed as mediator or adjudicator may be called to give witness thereon in any subsequent proceedings.
- In consideration for the Services performed under the Agreement, the Consultant shall be paid such amounts and at such times as are set out in the proposal or herein. All sums due from the Client to the Consultant in accordance with this Agreement shall be paid in advance of the work being conducted, unless agreed otherwise in print. In this event payments must be made in the timeframe agreed. Failure to do so will result in debt collection processes being invoked and Safety Services Direct reserve the right to charge an addition 20% for none payment.
- The Client may not withhold any payment after the expiry of the 28 day period from submission of invoice unless a Notice is given to the Consultant not later than 7 days before the due date, specifying the amount proposed to be withheld and the grounds for such action being taken. If any item or part of an item of an account rendered by the Consultant is disputed or subject to question by the client as above, the payment by the Client of the remainder of that account shall not be withheld on those grounds and the above payment terms shall apply to such remainder and also to the disputed or questioned item to the extent that is shall be subsequently agreed or determined to have been due to the Consultant following adjudication in accordance with clause 8.
- The Consultant reserves the right by giving notice to the Client at any time before commencement of the Services, to increase the price of the Services to reflect any increase in the cost to the Consultant which is due to any factor beyond the control of the Consultant (such as, without limitation, any foreign exchange fluctuations, currency regulation, alteration of duties, significant increases in the cost of labour, materials or other costs of manufacture), or any delay caused by any instructions of the Client or failure of the Client to give the Consultant adequate information or instructions.
- The Consultant will accept no responsibility or liability for any document to any party other than to the Client by whom it was commissioned.
- All documents prepared in connection with the Services are for use by the Client only in connection with the named project only. They should not be used by any Third Party except with the written agreement of the Consultant nor relied upon for any other project. The Consultant accepts no responsibility or liability for the consequences of any document being used by the Client for any purpose other than the purpose for which it was commissioned. Any person or Third Party using or relying on any document for such other purpose agrees, and will be by such use or reliance be taken to confirm his agreement, to indemnify the Consultant for all loss or damage resulting therefrom.
ASSIGNMENTS AND SUB-CONTRACTING
- The Consultant will perform the services using its own staff and Associates. However, the Consultant reserves its right to sub-contract the whole or any of the Services.
If you have engaged Safety Services Direct to undertake any consultancy work on site and the subsequent visit is cancelled or postponed for any reason, the client will incur a charge no less than travel time of £120.00 + VAT per hour and 45p per mile travelled.
- If any part of these terms and conditions are found to be void and unenforceable, it will not affect the validity of the remaining aspects, which shall remain valid and enforceable according to its terms.