Overview

  1. For the purposes of this agreement, the “Organisation” shall refer to BSU Trading Ltd of Queen Alexandra Road, High Wycombe, Buckinghamshire HP11 2JZ, United Kingdom (company registration number 08505399, VAT number 240 5629 22).
  2. All references to the “Customer” in this agreement refer to any company, organisation or individual who shall enter into any purchase or hire agreement with the Organisation.
  3. The Organisation reserves the right to change these conditions and any agreements will be subject to the terms and conditions at the date and time of order. Copies of the appropriate terms and conditions are available at www.bucksstudentsunion.org/bsutradingtac.
  4. These terms and conditions are subject to English law and the jurisdiction of English Courts.


    Payment

  5. The Organisation accepts payment by credit card, debit card, BACS or cash on collection/delivery.
    1. If the Customer is invoiced, payment must be received by the Organisation within 30 days from the date of the invoice or by the date of collection of hired equipment, or before the start date of training courses or events, whichever is earlier.
    2. Deposits may be taken at the discretion of the Organisation in advance of the hire of equipment and the provision or reservation of goods or services.
    3. Whether VAT is included or excluded will be confirmed at the point of purchase.
  6. Late payments will be subject to fixed charges and interest.
    1. Interest will be applied to any account not paid after 30 days from the date of invoice (or other relevant notification of charges due). The interest rate will be charged in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. For consumer debts, interest will be charged at 8% per annum.
    2. Fixed late payment charges will be applied to all commercial debt exceeding the payment terms in accordance with the Late Payment of Commercial Debt Regulations 2002. For consumer debts, a fixed fee of £40 per invoice will be charged for late payment.
  7. The Organisation does not hold any Customer’s card details on file or store Customer financial information.

    Sale of goods
     
  8. Payment for goods purchased by the Customer must be received at point of sale. The Organisation does not provide credit terms for the purchase of goods.
  9. The Customer may exchange goods received that are faulty or damaged.
    1. The Customer will need to return the goods to the Organisation in the condition that they were received to agree an exchange with a representative of the Organisation.
    2. Where the Organisation deems the damage is a result of misuse, accidental or deliberate damage by the Consumer the Organisation reserves the right to withhold any exchange.
    3. Ex-hire equipment is sold ‘as is’ and, therefore, cannot be returned or refundable.
       

    Provision of service

  10. Payment for services will be required on completion of the provisions agreed, or within 30 days of the date of invoice, whichever is earlier.
  11. The Customer will need to raise any concerns regarding the services provided immediately. Failure to do so will result in the Organisations limited ability to address any concerns and may result in the services agreed to being charged at full cost to the Customer.
    1. Any concerns should be raised with the representative of the Organisation who agreed the provision of services with the Customer.
  12. The Customer has the right to cancel services ordered.
    1. Notice of cancellation must be received in writing prior to the commencement of services by the Organisation.
    2. Cancellation of services, after the date of commencement, will result in the Customer being liable for the cost of services delivered, as determined by the Organisation.
       

    Advertising and marketing sales

  13. The Organisation reserves the right to refuse distribution of any material deemed to be unsuitable. This includes, but is not limited to, material that contravenes the Organisation’s Equality and Diversity Policy. This decision is final.
  14. All media copy the Customer provides, must be accurate, approved, legal, decent, honest, truthful and meet the standards of the Advertising Standards Authority (ASA). The Customer must own, or have authority to use, any trade name, trademark, British Service Mark or other quality assurance mark, logo or other material that is used in the copy. The Organisation shall not be held responsible if any of the aforementioned have been used without authority.
  15. Customers unsure about the suitability of promotions or any material can send a copy of the material, or an outline of the promotion, to the Communications and Marketing Manager at the address detailed in 1.0.
  16. The Organisation takes no responsibility for the content of any advertisements or promotions and will not be held liable for any transactions that may be completed as a result of the promotion or advertisement.
  17. New Customers are required to make payment in advance. Once an account has been established, future orders will be invoiced and subject to the terms detailed in 5.0-7.0.
  18. All orders for the freshers’ or re-freshers’ fairs must be paid in advance and settled before the event start date.
    1. Late payment may result in exclusion from the event and, where relevant, subject to the late payment terms detailed in 6.0.
  19. In addition to any statutory rights, Customers may have to cancel an order. Orders may also be cancelled in part or full by giving notice in writing to the Organisation (email is acceptable). Notice must be received by the campaign start date or within 14 days of the date of the booking order, whichever is earlier.
    1. If the Organisation receives written notice to cancel an order more than 14 days after the date of the order, a cancellation fee equal to 25% of the charge for the media plus VAT, where applicable, will be applied.
    2. The Organisation cannot accept a request to cancel the order if received after the campaign start date.
    3. Cancelling any part of the order means that the Customer is no longer eligible for a discount for multiple advertising and/or agency discount on that order, if applicable.
  20. In the event that for any reason the Organisation shall cancel all or any part of a publication, or be unable to perform their obligation under the agreement, the liability of the Organisation shall be limited to the refund of any payments made by the Customer under the agreement.
  21. The Organisation shall accept no liability with regards to attendance figures to any event.
  22. The Organisation takes no responsibility for any inserts or leaflets included in the pre-freshers’ mailout.
    1. The Customer has full responsibility for the quality and safety of any inserts into the pre-freshers’ mailout on the Customers behalf.
    2. The maximum size and weight per leaflet insert into the pre-freshers’ mailout is A4 and 30g.
    3. Pre-freshers’ inserts must be delivered to the Organisation by the indicated deadline which will be communicated when placing the order.
    4. Any inserts sent to the Organisation must be clearly marked for the attention of the Communications and Marketing team and sent to the address detailed in 1.0.
    5. The Organisation cannot accept responsibility for the loss or delay of any delivery that is not clearly marked. The full invoice amount will be chargeable if inserts are not included due to a delay caused by an incorrectly addressed delivery.
  23. At the freshers’ and re-freshers’ fairs, Customers may only promote their own products or services.
    1. Any Customer found promoting a third party may be asked to leave the event.
    2. Stalls or rented space may not be sublet. Only the named Customer attending any event, or on-site activity through the Organisation, may advertise their own products or services.
    3. Customers must only promote products and services from the immediate vicinity of their stall. Anyone seen distributing promotional material or collecting data elsewhere on the premises may be asked to leave.
    4. Customers are responsible for the security and safety of their property. The Organisation cannot be held responsible for damage or theft.
    5. Customers must not obstruct access to fire exits or appliances when exhibiting at any of the University premises. Customers must not endanger the safety of the Organisation, University staff, students or the general public.
    6. Customers may play music on stalls provided it is at a reasonable level and doesn’t interfere with the activities of other stalls or staff. If a member of staff from the Organisation or University asks for the music volume to be reduced, Customers must comply.
    7. Any damage caused by a Customer to backing boards, walls, ceilings, flooring or any other fixutres and fittings, including any cleaning costs, will be recharged and subject to the terms detailed in 5.0-7.0.
    8. All aspects of a Customers stall, including the promotional material and staff, must comply with the Organisation’s Equality and Diversity Policy.
    9. As part of our environmental accreditation, Customers are not permitted to distribute plastic bags at the event. Reusable or environmentally friendly bags are the preferred option.
    10. The Organisation will endeavour to provide access to electricity, if requested, when the booking is made. The Organisation will only provide access to a socket and any additional items (eg extension leads) must be provided by the Customer. The Organisation cannot be held responsible for any issues experienced by loss of power through externally provided equipment or cables.
    11. Parking is only temporarily permitted in the area allocated for the purpose of loading or unloading. No vehicle is to be left, even temporarily, in such a manner as to block access to the Organisation’s or University facilities or safety/fire exit/entry points. No parking will be provided on any of our sites unless pre-arranged with the Communications and Marketing Manager and such arrangements have been confirmed. The Organisation cannot be held responsible for any parking violations issued on campus.
    12. Wi-Fi access can be provided, if requested, when the booking is made. To set-up a temporary account, the Organisation needs to provide the University IT team with a main contact name and email address. For security purposes, this should be an email address for someone that will be on-site during the activity or event.
    13. Due to the nature of the freshers’ fair and re-freshers’ fairs, planning the layout of stall locations can change right up until the last minute. Whilst the Organisation endeavours to be accommodating and fair to all Customers, sometimes the size and complex layout of the event means that the location of a Customers stall won’t be communicated before arrival on the day.
  24. All Customer’s must have adequate levels of insurance in place for any on-site stall (including the freshers’ fairs). The Organisation reserves the right to check insurance documents prior to any on-site activity. A risk and method statement (RAMS) may also be requested. The Organisation reserves the right to withdraw an on-site booking if either the insurance of risk assessment documents are not supplied in advance.
  25. If the Customer is supplying their own artwork, it can be sent to the Organisation, by post, using the address detailed in 1.0, emailed to sucommunications@bucks.ac.uk, or delivered in person.
    1. Artwork for print should be sent at print resolution (300dpi), CMYK, fonts outlined, and submitted as a PDF.
    2. Artwork for web, screens or email should be screen resolution (72ppi), optimised for the web, and saved as a PNG, JPG or GIF. Website artwork should be supplied with a URL for the web ad to link through to.
    3. If any artwork is supplied and needs to be formatted to suit the media, this cost will be recharged back to the Customer and subject to the terms in 5.0-7.0.
  26. The Customer shall indemnify the Organisation against all loss, actions, costs, claims, demands, expenses and liabilities, whatsoever, which may incur either at common law or by statute in respect of personal injury to or death of any person or in respect of any loss or destruction of damage to property (other than as a result of any default or neglect of the Organisation or of any person of whom the Organisation is responsible) which shall have occurred in connection with any work executed by the Customer under this contract.
  27. Where a signatory does not have the necessary authority, and has signed a booking form, the Organisation reserves the right to pursue any claim for outstanding monies from the signatory themselves.
  28. The Organisation reserves the right to refuse any unsuitable advertising copy.
    1. The Organisation does not accept responsibility for any loss or damage resulting from error, late publication, non-publication, or failure of any cause.
    2. Artwork can be returned, if requested. However, the Organisation does not accept any responsibility for loss or damage and is not an insurer for such articles.
    3. Advertisers must warrant that the information in their copy or artwork is accurate and not a breach of the Trade Descriptions Act (1968) or any subsequent Acts. The Organisation does not take any responsibility for inaccurate or misleading information.
    4. Corrections, changes and amendments must always be confirmed in writing (email is acceptable).
  29. The Organisation has a number of exclusive contracts that form a customer veto list. This list prevents the Organisation from advertising any form of media from Customers offering the same or similar products/services or for ethical reasons. If a Customer books any form of media that contravenes this list, the Organisation reserves all rights to cancel the order and offer a full refund of any money paid. The veto list is contained in the Organisation’s Advertising Policy.
  30. Any company that collects data whilst promoting at the Organisation must be compliant under the Data Protection Act (1998) and General Data Protection Regulation (2018). Clear information must be provided at the point of students signing up to any mailing lists or where contact details are collected by the Customer. The Organisation accepts no liability for this and recognises the Customer as having sole responsibility for the collection, storage and destruction, and acting as the data controller and/or data processor.
  31. Any variations to the agreement, and any special terms, will only be effective if set out in a printed form, as agreed by the Communications and Marketing Manager of the Organisation.


    Hire of equipment

  32. Equipment refers to anything that is hired from the Organisation to the Customer.
  33. All equipment hired remains the property of the Organisation.
  34. Hire charges are based on the period of the agreement irrespective of whether the equipment is in use.
    1. Hire commences upon the date stated on the agreement and ceases upon return to the Organisation
    2. Hire charges are non-refundable.
  35. Full payment for the agreement period must be settled in line with the agreed payment terms laid out within the hire agreement.
  36. Before issuing any equipment, the Organisation may require a deposit from the Customer.
    1. Deposits may be any sum up to the full replacement cost of the equipment hired.
    2. Deposits are taken at the discretion of the Organisation to cover potential loss or damage, detailed in 38.0 and 48.0.
    3. Deposits will be refunded on satisfactory return of hire equipment as per the terms detailed in 37.0, 42.0 and 45.0.
  37. It is expected the equipment is returned by the date specified in the agreement, unless otherwise agreed with the Organisation.
    1. Equipment is not regarded as returned to the Organisation until it is checked and inspected by an authorised member of the Organisation’s staff, the hire agreement signed off and receipt issued on behalf of the Organisation.
    2. Late return of equipment will be charged to the Customer at £80+VAT a day.
    3. Late return charges may be deducted from any deposit and if required invoiced where funds are insufficient.
    4. Invoices for late payment are subject to the terms detailed in 5.0-7.0.
  38. Equipment hired will be entirely at the Customer’s risk during the hire period. The Customer will be responsible for any loss, damage, theft or unreturned equipment.
    1. The Customer undertakes responsibility for insuring equipment against ‘all risks’ to full replacement value.
    2. Any loss or damage to the equipment is to be reimbursed to the Organisation by the Customer to the full replacement value.
    3. Any damage, defect to or loss of equipment, must be notified to the Organisation within 24 hours of its occurrence, and confirmed in writing (email is acceptable). In the absence of such notification, the Customer will automatically be required to reimburse the Organisation to the full replacement value.
  39. The Customer will be responsible for ensuring that any relevant regulations or statutory provisions governing, or relating to, the use of the hired equipment are complied with during the period of the hire and the Organisation in no way assumes liability for the consequences of any non-compliance with such regulations, rules or statutory provisions.
  40. The Customer undertakes to ensure the equipment shall not be used for any purposes beyond its capacity or any manner likely to result in undue deterioration of the equipment.
  41. Equipment will be supplied to the Customer in normal and full working order.
    1. The Organisation’s liability for any defect, or failure of the equipment hired, is limited to the rectification of any defect or failure arising from normal usage.
  42. The Customer will return all equipment in a clean, undamaged and full working order.
    1. Any cleaning, loss or damage will be charged back to the Customer.
    2. Charges to clean, repair or replace equipment may be deducted from any deposit and if required invoiced where funds are insufficient.
    3. Invoices for repairs and replacements are subject to the terms detailed in 5.0-7.0.
  43. The Organisation cannot be responsible for any injuries to personnel or damage to the property consequential to, and arising from, any improper use of the equipment by the Customer or by any other person, whether or not authorised by the Customer, during the period of hire.
  44. Where the Customer has erected equipment, or modified a structure supplied by the Organisation, the Organisation will not be responsible for injuries to personnel or damage to property consequential to, or arising from, this structure.
  45. Equipment must not be altered by the Customer or modified in any way. Cables and electronics must not be cut and plugs and sockets must not be rewired by the Customer.
    1. Any equipment found to have been modified or altered and any cables or components found to be have been damaged by cutting, or attempts at modification, will be charged at full replacement price upon return.
  46. The Customer will be responsible for advising the Organisation of the location the equipment will be used and of any changes in such location(s).
  47. In the event of equipment ordered by the Customer not being available, through circumstances beyond the control of the Organisation, the Organisation reserves the right to substitute equipment of similar quality for all or part of the hire.
  48. No information or data contained in the Organisation’s catalogues or price lists shall deem to constitute any part of a contract of hire, such information is for the purpose of general description only.


    Training

  49. Customers are required to register to attend training courses and in doing so agree to these terms and conditions.
    1. Customers are responsible for advising the Organisation of any changes to their personal and contact details. Failure to do so may result in essential information not being received, for which the Organisation will not be responsible.
    2. Customers who wish to change the attendee of the training course may do so in writing (email is acceptable) no later than two business days prior to the course start date
  50. The Organisation will keep Customer information on file for the purpose of administering course registration, attendance and completion, notification of changes and notification of future courses.
    1. The Organisation is responsible for ensuring the Customer is aware of dates, times and locations of training sessions.
    2. The Organisation is responsible for advising the Customer of any changes in dates, times or locations of training sessions that occur after the date of registration.
  51. Training courses are charged based on the course length and the level of qualification, irrespective of whether training provided changes in length.
    1. The Organisation will do all they can to ensure course lengths are in line with the guided learning hours stated
    2. The Organisation will not be responsible for changes to the course length that may occur based on course content, participants, changes to the training centre or any other reason deemed out of the Organisation’s control.
    3. Any refunds requested by the Customer for changes in the course length will be investigated by the Organisation on a case-by-case basis.
  52. All training materials remain the property of the Organisation.
  53. Full payment for the course is required in advance of the training start date. Payment is subject to the terms detailed in 5.0-7.0.
    1. If the Customer has not paid in full for the course by the start date, the Customer cannot attend the course, and will remain liable for all charges.
    2. If a Customer is unable to attend a course, cancellation must be received in writing (email is acceptable) no later than seven days prior to the course start date, to be eligible for a refund of payments received from the Customer.
    3. Notice of cancellation within the seven days prior to the course start date will be subject to a 50% charge of the total course fees, unless there are extenuating circumstances that would need to be agreed by the Organisation.
    4. Failure to attend any training course, without notification or extenuating circumstances being agreed by the Organisation, will mean the Customer is liable for the full cost of the course.
  54. The Organisation is not liable for any loss or damage to the personal property of the Customer during the period of the course.
  55. The Organisation is not liable for any injuries the Customer may have deemed as existing or on-going prior to attending any course.
  56. Customers are expected to adhere to the health and safety, fire safety, equal opportunities and safeguarding policies of the Organisation and of the site where training takes place. The Organisation will not be liable for any actions of the Customer that contravenes these policies.