Terms and Conditions

DEFINITION

ECFIO Engineering Limited was established in 2014 and is a private limited company. The Registered Address is 320 Firecrest Court, Warrington WA1 1RG
‘Contract’ means the contract for the provision of Services by ECFIO to the customer.
‘Customer’ means the person, firm or company ordering or buying Services from ECFIO.
‘Services’ means the subject matter of the relevant Order or Contract.
‘Intellectual Property Rights’ means any patent, copyright, design, trademark, servicemark or other industrial or intellectual property right.
‘Order’ means the written order sent by the Customer for the supply of Services by ECFIO and includes purchase orders and faxes, e-mails and letters whether sent by post or electronically.
‘Terms’ means the terms and conditions set out on this page.

Order Acceptance

No contract between ECFIO and Customer shall exist until an order has been accepted in writing by ECFIO.
An acceptance by ECFIO incorporates the Terms and the Customer shall be deemed to have accepted the Terms unless the Customer notifies ECFIO in writing of any objections thereto within seven days of the date of the acceptance.
No conditions or terms stipulated in any other communication or document shall amend or exclude any of the Terms except insofar as the same is expressly consented in writing by ECFIO.

cancellation or Re-sheduling (Online Bookings)

1. ECFIO will provide the Customer with a refund if written notice of cancellation for the Services is received at least 14 days before the commencement date of the Services and this is in accordance of our cancellation policy. ECFIO reserves the right to deduct a reasonable administration charge from any refund (on-line bookings paid by card, will incur a booking fee based on the payment platform)

2. ECFIO cancellation policy is as follows:

Where notice of 8 – 14 days is given a charge of 50% of the agreed cost will apply
Where notice of more than 14 days’ is given no charge will apply (on-line bookings paid by card, will incur a booking fee based on the payment platform)
Where notice of 0 – 7 days is given a charge of 100% of the agreed cost will apply
Adjustment to course dates where they can be facilitated will be subject to no additional charge. Provided that reasonable notice of 7 days is given.

3. In the event that named individuals on a client’s booking form cannot attend a course, ECFIO will accept a named substitute providing written notice has been given to ECFIO along with any further documentation requirements as deemed necessary by ECFIO.

4. No charge will normally be made for substitute delegates. ECFIO does reserve the right to charge any reasonable administration charge for substitute delegates where deemed appropriate.

5. ECFIO will endeavour to assist any Customer requesting the due date for Services to be re-scheduled but ECFIO shall be entitled to charge a cancellation charge or a reasonable administration charge. Any request must be confirmed to ECFIO in writing. If Services are rescheduled the Customer agrees to forfeit any rights to any refund on their subsequent cancellation of the re-scheduled Services.
6. Terms and conditions detailed within invoices supersede those detailed above.

PAYMENT

1. Payment will be due in full upon receipt of invoice which will be issued prior to the commencement date of the Services.
2. Where the Customer fails to pay prior to the commencement of the Services, the Services will be forfeited by the Customer and cancelled. In these circumstances, unless agreed otherwise, the charges will apply.
3. Where credit has been agreed* by ECFIO, payment is due 30 days after the date of invoice unless otherwise agreed with the Customer. (* A Credit Application form must have been completed, checked and verified).
4. Punctual payment of the invoices and other amounts payable under the contract is of the essence to the contract.
5. The Customer will be treated as having repudiated the agreement if the Customer fails to pay on time.
6. Where applicable ECFIO reserves the right to claim interest and compensation for debt recovery costs under late payment legislation.
7. Failure to pay any invoice on the due date shall entitle ECFIO to suspend further work on any other order from the Customer without prejudice to any other right ECFIO may have. ECFIO reserves the right to suspend work on any order with liability until payments or satisfactory security for payment has been made where the Customer fails to adhere strictly to the agreed terms or where genuine doubts arise as to the Customer’s financial position.

ONSITE REQUIREMENTS

1. Where the Customer requests Services to be provided on the Customer’s premises, the Customer will provide all necessary resources and equipment unless agreed otherwise in writing with ECFIO at the time of order acceptance.

ADDITIONAL SERVICES

1. Where the Customer requests additional Services, then such Services shall be subject to a separate Order Acceptance before ECFIO can commence work.

INTELLECTUAL PROPERTY

1. All Intellectual Property Rights in the Services or arising from the Contract shall remain with ECFIO, unless expressly otherwise agreed in writing by ECFIO.
2. The reproduction by any means of ECFIO’s publications or any publications used by ECFIO in performance of the Contract is expressly forbidden and ECFIO will seek legal remedies in such circumstances.
3. If the Services are to be provided by ECFIO in accordance with a specification submitted by the Customer, the Customer shall indemnify ECFIO against all liability, loss, damage, costs and expenses suffered or incurred by ECFIO in respect of any claim for infringement of any Intellectual Property Rights of any other person which results from or arises out of the use of the Customer’s specification.

WARRANT AND LIABILITY (where applicable)

1. Any equipment supplied by ECFIO as part of the Service is guaranteed to be fit for its intended purpose.
2. Save as expressly stated in the Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law in respect of the provision of such Service.
3. Except in the case of death or personal injury caused by ECFIO’s negligence, ECFIO’s liability in respect of a Contract shall be limited to the invoiced value of the Services provided under the contract and in no event shall ECFIO be liable for any consequential loss or damage (whether for loss of profit or otherwise) which arise out of the sale or supply of the said Services.

INSOLVENCY OF THE CUSTOMER

1. In the event that the Customer makes any voluntary arrangement with its creditors; or becomes subject to an administration order becomes bankrupt; or enters liquidation; or an encumbrancer takes possession of, or a receiver is appointed over, any of the property or assets of the Customer; or the Customer ceases or threatens to cease to carry on business, ECFIO shall be entitled without prejudice to any other rights or remedies available:
1. to cancel the Contract and suspend any further performance under the Contract without any liability to the Customer; and
2. be entitled to the immediate settlement of any outstanding amounts owed to ECFIO by the Customer for any Services already provided.

LAW

1. These Terms and any Contracts shall be subject to English law only.