This agreement is made between the BUYER of services –
where the BUYER is either a trainee booking training directly for themselves, or the BUYER is a representative of the trainee, e.g. their employer. If the BUYER is a representative of the trainee, they are responsible for ensuring that the trainee understands all their responsibilities and liabilities as outlined in the agreement.
And
The SERVICE PROVIDER – MPT (Mobile Plant Training) South West.
Key Terms
1. Services
The SERVICE PROVIDER shall provide the following services to the BUYER, in accordance with the terms and conditions of the agreement.
- Operator training (including but not limited to) mobile plant and machinery.
- Classroom theory training relevant to the course booked
- Practical training, instructions, examination and assessment for operation of mobile plant and machinery, vehicles, equipment and small tools (including but not limited to) MEWPs, forklifts, excavators, compaction and road equipment, dumper and dozers, loaders and hoists, agricultural machinery, small tools and miscellaneous plant.
- Where training is subject to accreditation, the SERVICE PROVIDER will liaise with appropriate accrediting bodies to register trainees who reach the required standard.
1.2 Delivery of services
1.2.1 Training dates
The SERVICE PROVIDER and BUYER will agree mutually convenient date(s) for training delivery. The SERVICE PROVIDER will determine the length of the course. Course length will depend on the specific course, or package of training requested by the BUYER .
1.2.2 Training venue and equipment
The BUYER is responsible for ensuring that the plant or equipment to be used on the course is maintained to the manufacturers standards & where applicable have valid statutory inspection certificates.
The BUYER is responsible for organising the training venue, either at their address/site or another suitable location. The venue should have sufficient facilities to undertake both the theory and practical elements of the booked course. If this is not possible the BUYER should contact the SERVICE PROVIDER before the start of the course to discuss potential alternatives.
The venue must meet the minimum requirements as outlined below.
1.2.2 (a) Venue requirements – theory element training
- indoor area which can accommodate the trainee(s) and the MPT training instructor
- tables & chairs.
- 240v plug socket (for laptop etc).
- welfare facilities.
1.2.2.(b) Venue requirements – practical element training requirements
The venue must be suitable for the type of mobile plant or equipment being taught. This will include
- sufficiently sized area which affords uninterrupted time for the training & assessment.
- controlled access to prevent risk of any other persons entering the training area (other than those undertaking training).
- mobile plant or equipment used on the course must be freely available throughout the training period without interruption.
- mobile plant or equipment to be used on the course must be maintained to the manufacturers standards & where applicable have valid statutory inspection certificates.
- where required to complete the training, to make available ancillary equipment, materials or loads, varying terrain, areas in which to dig / stockpile / level etc, landing stages or other mobile plant to allow simulation of genuine working conditions (so far as reasonably practicable).
Any hazards relating to the venue or likely to be encountered whilst at the location area must be communicated to the trainer on arrival at the venue. These include access & egress, below ground or overhead hazards.
1.3 Trainee Obligations
If the BUYER booking the training is doing so as a representative of the trainee, then the BUYER is responsible for ensuring the trainee is aware of their responsibilities as outlined below.
1.3.1 Clothing, including Personal Protective Equipment (PPE) requirements
- All trainees attending the course are responsible for ensuring they meet PPE requirements.
- As a minimum they must have safety footwear, workwear clothing, gloves and a high visibility vest. Further PPE may be required dependant on the course being undertaken. This could include, but is not limited to, hard hat, eye protection, hearing protection or other specialist PPE.
- In addition, the PPE requirements of the site or the area within the site must be adhered to at all times.
- Trainees should also bring suitable wet weather clothing if appropriate. The practical element of the course will require trainees will be required to be outside in most weather conditions.
1.3.2 The trainee will provide accurate and full information to MPT South West at all times
1.3.3 The trainee will be in possession of all necessary driving documents at all times while undertaking the course.
1.3.4 Where training is required on the highway, it is the responsibility of the trainee to ensure that they hold the correct driving licence for the size of the equipment. Any trainee without the correct entitlement will not legally be allowed to train and their training will be cancelled.
1.3.5 The trainee is responsible for attending the correct time, date and location as agreed for training. Courses begin promptly. If the trainee is more than 30 minutes late their training session is cancelled and refunds are forfeit.
1.3.6 If the trainee is considered by an MPT (South West) trainer to be unfit to operate machinery the course will be terminated and refunds will be forfeit. This could include, but is not limited to, the effects of alcohol, drugs, medication or anything which impairs their ability to operate machinery in a safe manner.
1.3.7 Whilst attending the course, the trainee must conduct themselves appropriately. The SERVICE PROVIDER reserves the right to terminate a course without notice is they, in a reasonable direction, decide that a trainee has acted or acted or behaved inappropriately including, but not limited to, verbal and physical abuse towards the SERVICE PROVIDER staff or anyone working on their behalf.
1.3.8 The trainee accepts that if an instructor believes that a trainee is not fit to take his or her practical tests for reasons of safety, the trainee will be informed and the test rescheduled at the trainee’s expenses.
2.0 Course price and payment
2.1 Course price will be set by the SERVICE PROVIDER. This will be confirmed and agreed with the BUYER at the time of booking.
2.2 The BUYER agrees to pay the full course price to the SERVICE PROVIDER before the training course start date.
- 2.2 (a) If payment is not received before the training course start date, anyone booked may NOT be permitted to join the training course.
- 2.2 (b) Payment terms are strictly 30 days from the date of the invoice.
- 2.2 (c) Courses booked within 30 days of the start of the training course, must be paid upon receipt of the invoice.
- 2.2 (d) In all cases payment must be made before the start of the training course.
2.3 The preferred method of payment is BACS, details are on the invoice. Alternatively, you can pay by cheque however the cheque must be CLEARED in our account before the course start date.
2.4 (a) Interest will be charged at 5% of the original invoice amount, immediately after the due date of the invoice.
2.4 (b) Further interest of 5% of the last invoice total will be charged for each 30 days outstanding thereafter.
2.5 If payment is not received before the start of the training course, and your delegate does not attend the course booked, cancellation charges apply (see section 4 Cancellations).
2.6 The SERVICE PROVIDER will withhold operator competency cards and certificates until receipt of the invoice payment.
2.7 Recovery of outstanding payments will be escalated as appropriate.
3.0 Rescheduling
3.1 Training venue – If uncontrolled circumstances arise in relation to the training venue provided by the BUYER, which means that training cannot take place at that venue, the BUYER is responsible for finding an alternative site which meet the requirements set out in 1.2.2 above. Any costs suffered by the SERVICE PROVIDER due to non-availability of training venue will be owed to the SERVICE PROVIDER including but not limited to inconvenience regarding travel and previously agreed training rates.
3.2 Weather – if the SERVICE PROVIDER determines that weather conditions mean it is unsafe or unhealthy to continue training, the training session will be rescheduled.
3.3 Plant or equipment breakdown – as per 1.2.2 (b) the BUYER is responsible for provision of suitable equipment. If equipment breaks down, the BUYER is responsible for sourcing a replacement. If replacement equipment is not available in good time, training will be rescheduled and the BUYER will be charged additional training fees, dependent on how much training time is lost as a result of the breakdown.
3.4 Rescheduling must be agreed with THE SERVICE PROVIDER in writing. Rescheduling will incur fees as per below, unless otherwise agreed with the SERVICE PROVIDER in writing.
- 3.4 (a) Over 30 days before scheduled course date: 10% of invoice total
- 3.4 (b) Between 30 days and 11 days before of the scheduled course date: 20% of invoice total
- 3.4 (c) Within 10 working days of the scheduled course date: 50% of invoice total
- 3.4 (d) Within 5 working days of the scheduled course date: 100% of invoice total
- 3.4 (e) If you /your trainee does not attend and/or you / your trainee do not contact the SERVICE PROVIDER: 100% of invoice total
3.5 The SERVICE PROVIDER reserves the right to postpone any training courses. In the case of a postponement by the SERVICE PROVIDER, a full refund or transfer to another course date will be offered.
4.0 Cancellations
4.1 Unless other arrangements have been agreed with the SERVICE PROVIDER in writing, cancellation charges apply for all courses cancelled with 30 days of the start of the course.
- 4.1 (a) If the BUYER cancels training between 30 and 11 working days of the scheduled course date, cancellation charge is 20% of invoice total.
- 4.1 (b) If the BUYER cancels training within 10 working days of the scheduled course date, cancellation charge is 50% of invoice total.
- 4.1 (c) If the BUYER cancels training within 5 working days of the scheduled course date cancellation, charge is 100% of invoice total.
- 4.1 (d) If the BUYER or their trainee does not attend the scheduled course and does not contact the SERVICE PROVIDER, cancellation charge is 100% of invoice total.
- 4.1 (e) The BUYER may be subjected to additional ‘out of pocket’ expenses incurred by the SERVICE PROVIDER in preparation for the course.
4.2 The SERVICE PROVIDER will confirm any refund due once the BUYER requests cancellation. The SERVICE PROVIDER will endeavour to make any refund within 30 days.
4.3 The SERVICE PROVIDER will verify that trainees have the correct driving licence appropriate for their training. If the trainee does not have the correct driving licence, their training session will be cancelled. The BUYER will forfeit all potential refunds and will be liable for the full course costs for that trainee.
4.4 If the SERVICE PROVIDER considers a trainee to be unfit to operate machinery the course will be terminated. This could include, but is not limited to, the effects of alcohol, drugs, medication or anything which impairs their ability to operate machinery in a safe manner. Refunds will be forfeit and the BUYER will be liable to pay the full course fees.
4.5 If the trainee is more than 30 minutes late, their training session is cancelled. The BUYER will forfeit all potential refund and will be liable for the full course costs for that trainee.
4.6 The SERVICE PROVIDER reserves the right to cancel any training course, prior to the training course start date. In this case a full refud or rescheduled course date will be offered.
4.7 By confirming the training schedule, the BUYER confirms that they have read, understood and agree to these terms and conditions.