Terms and Conditions of Business


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7 Delivery and Care of the Materials


7.1 Upon Confirmation SMART MAJORITY will reserve the relevant Materials in the name of the Customer. SMART MAJORITY will release and deliver the Materials to the Customer in compact learning units as the Customer progresses through the programme for the Online Learning.
7.2 Ownership of the Materials shall not pass to the Customer until SMART MAJORITY has received in full (in cash or cleared funds) all sums due to it in respect of:-
7.3.1 the Online Learning; and
7.3.2 all other sums which are or which become due to SMART MAJORITY from the Customer on any account.
7.4 Any dates specified by SMART MAJORITY for delivery of the Materials are intended to be an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery shall be made by SMART MAJORITY within a reasonable time.
7.5 If for any reason the Customer fails to accept delivery of any of the Materials or SMART MAJORITY is unable to deliver the Materials because the Customer has not provided appropriate instructions:-
7.5.1 risk in the Materials shall pass to the Customer;
7.5.2 the Materials shall be deemed to have been delivered; and
7.5.3 SMART MAJORITY may store the Materials until delivery, whereupon the Customer shall be liable for all related costs and expenses (including, without limitation, storage and insurance if applicable).
7.6 The Customer shall inspect each set of Materials promptly following delivery and inform SMART MAJORITY about any defects or omissions as soon as it is reasonably practicable to do so. In the event that there are defects or omissions, the Customer shall return the materials immediately to SMART MAJORITY whereupon a new set of Materials will be sent to the Customer, both at the expense of SMART MAJORITY.

8 Services


8.1 During the Support Period, SMART MAJORITY shall provide the Customer with support and tuition as more particularly described in the MateriaIs.
8.2 If requested, SMART MAJORITY may at its sole discretion, extend the Support Period for a fee to be agreed between SMART MAJORITY and the Customer.
8.3 SMART MAJORITY will provide the Customer with such information as is in its possession to assist the Customer in making arrangements to sit External Examinations. In all other respects, the Customer will be solely responsible for making arrangements to enable them to sit External Examinations and for any and all fees in relation thereto.
8.4 If SMART MAJORITY, in its sole discretion, assists the Customer in making arrangements to sit External Examinations the Customer acknowledges that SMART MAJORITY shall not be responsible for any losses incurred by the Customer as a result of inaccurate information provided in connection with any such arrangement except such losses caused as a direct result of a failure on the part of SMART MAJORITY to act with reasonable care and skill.
8.5 SMART MAJORITY shall use its reasonable endeavours to:-
8.5.1 provide the Services and to deliver the Online Learning to the Customer in accordance with Condition 9; and
8.5.2 meet any performance dates specified in this Agreement, but any such dates shall be estimates only and time shall not be of the essence

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