Interpretation
In these terms and conditions:
"Agreement" means the agreement for Bibby Ship Management (Group) Limited to provide services to the Client as set out in Quotation and the Conditions;
"Conditions" shall mean these terms and conditions;
"Client" means the party to whom or which Bibby Ship Management (Group) Limited has agreed to provide the Services;
"Clients Materials" means the documents and/or other materials referred to in clause 2.3;
"Quotation" means the quotation issued by Bibby Ship Management (Group) Limited to the Clients or in the absence of a written quotation the written correspondence between Bibby Ship Management (Group) Limited and the Client in respect of the Services;
"Services" means such of the following: academic and vocational training, consultancy, and/or research services referred to in Bibby Ship Management (Group) Limited published materials, as Bibby Ship Management (Group) Limited has agreed to supply to the Client in the Quotation;
Bibby Ship Management (Group) Limited means list of BSM companies and their addresses inc. training centres.
Supply of Services
All services supplied by Bibby Ship Management (Group) Limited to the Client shall be supplied subject to these Conditions. Any changes or additions to the Service or the Conditions must be agreed in writing between the authorised officer of Bibby Ship Management (Group) Limited and the Client.
Bibby Ship Management (Group) Limited shall supply the Services in accordance with the Quotation and its current brochure or other publishes literature, subject to these conditions. In the event of any conflict between the Quotation and these conditions, the terms of the Quotation shall apply.
Where the services requires the production and delivery of documents or other materials by the Client, they will be delivered promptly prior to the date specified by Bibby Ship Management (Group) Limited (acting reasonably) and the Clients shall retain duplicate copies.
If an insufficient number of booking are received for any course, Bibby Ship Management (Group) Limited reserves the right to cancel that course and either offer an alternative date, or to refund and pre-paid fees in full.
Payment And Charges
The Client shall pay any amounts payable to Bibby Ship Management (Group) Limited in accordance with this Agreement promptly without deduction, withholding or set-off.
Where the Services relate to courses all fees must be paid in advance at time of booking, except where the Quotation grants credit terms to the Client in which event payment shall be made 30 days from date of invoice.
In the event that the Client cancels the agreement at any time then Bibby Ship Management (Group) Limited’s cancellation shall apply, see 7. below. Bibby Ship Management (Group) Limited shall have the right to charge daily compounded interest at the annual rate of 5% above the base rate from time to time of Barclays Bank plc upon any sums due but unpaid both before as well as after the judgement.
Warranty And Limitation Of Liability
Bibby Ship Management (Group) Limited warrants to the Clients that the Services will be provided using reasonable skill and care and as far as reasonably possible within the times referred to in the Quotation or other relevant brochure.
Where Bibby Ship Management (Group) Limited supplies any goods in connection with the Services, Bibby Ship Management (Group) Limited does not give any warranty as to their quality or fitness, but will, where it is able, assign to the Client the benefit of any warranty given by the supplier.
Bibby Ship Management (Group) Limited shall have no liability to the Client for any loss or other claims arising from any Client’s Materials or instructions supplied by the Client which are incomplete, inaccurate, or their non-arrival or any other fault of the Client.
Except in respect of death or personal injury caused by Bibby Ship Management (Group) Limited’s negligence, or as expressly provided in these Conditions, Bibby Ship Management (Group) Limited shall not be liable to the Client for any losses, damages, costs or other liabilities of the Client whether direct or indirect or consequential including but not limited any loss or profit or other economic losses which arise out of or in connection with the Services and the Client shall indemnify and keep indemnified Bibby Ship Management (Group) Limited against any claims made by third parties in respect of any such loss or damage. The aggregate liability of Bibby Ship Management (Group) Limited (except in respect of death or personal injury referred to above) arising as a result of this Agreement shall not exceed the amount paid by the Client to Bibby Ship Management (Group) Limited in respect of the Services from which the liability arose.
Bibby Ship Management (Group) Limited shall not be liable for the Client or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of Bibby Ship Management (Group) Limited’s obligations in relation to the Service, if the delay or failure was due to any cause beyond reasonable control.
Intellectual Property
Any intellectual property rights including copyright arising from or in connection with the Services shall, unless otherwise agreed in writing with the Client, belong to Bibby Ship Management (Group) Limited.
Termination
Either Bibby Ship Management (Group) Limited or the Client may at any time (without limiting or other remedy) terminate this agreement by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 21 days of being required by written notice to do so, or if the other goes into liquidation, bankruptcy, receivership, administration or proposes any voluntary arrangements with creditors.
Cancellation Charges
In the event that the Client cancels (by written notice to Bibby Ship Management (Group) Limited) a confirmed booking with Bibby Ship Management (Group) Limited, or fails to attend a booked course, the following cancellation charges will apply:
If such notice is delivered less than 2 weeks before commencement of the course, or in the event the Clients fails to attend a course without prior notice, the Client shall pay Bibby Ship Management (Group) Limited the full course fee.
However, if such notice is delivered more than 2 weeks before commencement of the course, the Client shall pay Bibby Ship Management (Group) Limited an administration charge equal to 10% of the full course fee.
An administration charge equal to US$50.00 per person per course may be levied if a course is rescheduled at the Client’s request within 2 weeks of commencement of course.
In the event that the Client re-books the cancelled course on an alternative date at the time of cancellation, and provided that more than 2 weeks notice of cancellation has been given, Bibby Ship Management (Group) Limited may in its absolute discretion waive any cancellation fees of administration charges.
Subject to set-off by Bibby Ship Management (Group) Limited of any amounts owing to Bibby Ship Management (Group) Limited in accordance with this Agreement, in the event of cancellation, refunds will be given promptly in accordance with the above cancellation fee policy.
Any cancellation charges for research and consultancy services will be levied in accordance with the terms of the Quotation issued by Bibby Ship Management (Group) Limited.
Any cancellations charges for accommodation booked with or, at the request of the Client, by Bibby Ship Management (Group) Limited will be levied in accordance with the accommodation providers terms and conditions.
Confidentiality
Neither Bibby Ship Management (Group) Limited or the Client shall divulge or allow to be divulged to any person any confidential information which is identified as such to the other in writing by Bibby Ship Management (Group) Limited or the Client which is not in the public domain at the time of disclosure.
Governing Law
This agreement shall be governed by English law and any proceedings arising from it may be brought in the English courts. The submission by the parties to such jurisdiction shall not limit the right of Bibby Ship Management (Group) Limited to commence any proceedings arising out of in connection with the provision of the Service in any other jurisdiction it may consider appropriate.
Notices
All notices hereunder shall be in writing and:
If given or made by letter sent by first class pre-paid post, and if applicable, by airmail, shall be deemed to have been given 24 hours (in the case of domestic post) and 72 hours (in the case of airmail) after being posted and in providing such service it shall only be necessary to prove that the notice was properly addressed stamped and posted.
If given or made by facsimile or r-mail transmission shall be deemed to have been given or made when sent unless the notice was sent after 5.00 pm on a business day or a day other than a business day in which it shall be deemed to have been given or made at 9.00 am on the next business day of the addressee after it was sent.
Shall be given at the respective address of the other party or at such other address as the other party may have notified in writing as its address from time to time.
General
Any indulgence granted by Bibby Ship Management (Group) Limited to the Client and any failure by Bibby Ship Management (Group) Limited to insist upon strict performance of these Terms and Conditions shall not be deemed a waiver of any of Bibby Ship Management (Group) Limited’s right or remedies nor be deemed a waiver of any subsequent default by the Client.
The invalidity in whole or in part of any clause in these Conditions shall not affect the validity of the remainder of the Clauses or these Conditions.
Privacy:
At Bibby Ship Management (Group) Limited we are committed to protecting your privacy. If, through the course of your use of the website, you provide to us any information about you, we will:
If you have any questions or comments about privacy, you should email us via the webmaster.
The Bibby Ship Management (Group) Limited web site is provided as a free service available to Internet users and use of it does not create any legal relations between the user and Bibby Ship Management (Group) Limited.
Bibby Ship Management (Group) Limited, nor any officers or employees give any representation or warranty as to the accuracy, completeness and/or reliability of any content of the Bibby Ship Management (Group) Limited or website or as to the fitness of Bibby Ship Management (Group) Limited or for any particular purpose.
While Bibby Ship Management (Group) Limited has endeavoured to ensure that information provided by us on this site is accurate the editorial views expressed on these pages are not representative of the views of Bibby Ship Management (Group) Limited and we give no warranty as to the reliability of the information contained within these pages or in relation to material linked to or from this site. The views expressed by third parties placing material on these pages are not representative of the views of the Bibby Ship Management (Group) Limited. Bibby Ship Management (Group) Limited cannot monitor the content not produced by us and have not reviewed all the third party material published on this site.
Bibby Ship Management (Group) Limited assume no liability for any claims by a third party for loss (direct, indirect or consequential) which may arise from reliance on information contained in the contents of these pages or in respect of any error or omission.
Copyright
Material on this website is protected by copyright which is owned by the Bibby Ship Management (Group) Limited. Users may view, print and download the contents for personal use only and the contents must not be used for any commercial purposes. The material on this website or any part of it is not to be incorporated or distributed in any work or in any publication in any form.
Policy Statements
Please click the link to view the SHEQ & Security Policy
Please click the link to view the Anti-Bribery & Corruption Policy