Website Terms and Conditions

Your access to and use of this site is subject to the following terms and conditions and all applicable laws. By accessing and using this site, you accept the following terms and conditions, without limitation or qualification.

Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of J Coates. All trademarks used or referred to in this website are the property of their respective owners.

Nothing contained in this site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of J Coates or any third party. This site and the content provided in this site, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of J Coates, except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.

The information provided on this site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and J Coates. Links on this site may lead to services or sites not operated by J Coates. No judgment or warranty is made with respect to such other services or sites and J Coates takes no responsibility for such other sites or services. A link to another site or service is not an endorsement of that site or service. Any use you make of the information provided on this site, or any site or service linked to by this site, is at your own risk.

This site and its contents are provided “as is” and J Coates makes no representation or warranty of any kind with respect to this site or any site or service accessible through this site. J Coates expressly disclaims all express and implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In no event will J Coates be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

J Coates maintains this site in the United Kingdom and you agree that these terms of use and any legal action or proceeding relating to this site shall be governed by English law without reference to its choice of law rules. If you attempt to bring any legal proceedings against J Coates you specifically acknowledge that J Coates is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose English law to govern any such proceedings, we will probably choose to defend any such action in England and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.

You are responsible for complying with the laws of the jurisdiction from which you are accessing this site and you agree that you will not access or use the information on this site in violation of such laws. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.

J Coates does not accept unauthorized idea submissions outside of established business relationships. To protect the interests of our current clients and ourselves, we must treat the issue of such submissions with great care. Importantly, without a clear business relationship, J Coates cannot and does not treat any such submissions in confidence. Accordingly, please do not communicate unauthorized idea submissions to J Coates through this website. Any ideas disclosed to J Coates outside a pre-existing and documented confidential business relationship are not confidential and J Coates may therefore develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. J Coates will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them. However, if a review is necessary in J Coates’ sole discretion, it will be with the understanding that J Coates assumes no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use. By submitting an idea or other detailed submission to J Coates through this website, you agree to be bound by the terms of this stated policy.

Alternative Dispute Resolution

If you are a client/customer and we have made a contract with you by electronic means you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/odr. Our email address is enquiries@jcoates.co.uk

GENERAL CONDITIONS OF BUSINESS

1. Once a booking by a customer has been accepted either verbally, in person, over the telephone or in writing, cancellation of the agreed joining instructions by a customer 10 working days or more prior to the commencement of the course date will incur an administration charge of 25% excluding VAT. Cancellation within 10 working days by a customer prior to the course date will result in the whole course fee being CHARGED unless superseded by a variation to conditions of business specified for a particular training course i.e. Driver Training, CPC & ADR, Forklift truck, Driver CPC. Substitution of course delegates will be accepted upon reasonable notice being given and the original joining instructions and fee will be deemed to be acceptable. All cancellations must be in writing, verbal cancellations are not acceptable and proof of posting is advisable. It is the responsibility of the customer to ensure that an Order Number with instructions is issued in writing if it is required by the customer to be included in any future invoices or correspondence for services provided by J Coates (HGV Services) Ltd. Where a verbal order has been accepted by J Coates (HGV Services) Ltd it will be deemed that the standard Terms & Conditions apply for the service being provided without variation at a later date, unless agreed in writing by J Coates (HGV Services) Ltd as a variation to contract.
2. Payment of all course fees must be made prior to the commencement of the course unless other arrangements have been mutually agreed with J Coates (HGV Services) Ltd. Cheques accompanying booking should be made payable to “J Coates (HGV Services) Ltd”. J Coates (HGV Services) Ltd reserve the right through non-payment by the customer prior to the course to cancel the joining instructions and offer the place elsewhere.  Where a customer has paid a deposit, the full balance is due payable 10 working days prior to the course commencing.  Unless other arrangements have been made, failure to pay the balance could result in the course being cancelled and the full charges being incurred.
3. Any variation to the joining instructions, course dates, time of attendance etc, made by J Coates (HGV Services) Ltd will be notified to the customer. J Coates (HGV Services) Ltd will make every effort to ensure the original instructions are complied with. In the event of course  / delegate cancellation made by J Coates (HGV Services) Ltd every endeavour will be made for the delegate to attend the next available course. All incidents and actions including any money refunds are dealt with promptly and fairly in compliance with the company’s quality processes.
4. Every effort is made to ensure that both the instruction, hand-outs, course notes given are true and correct at the time but J Coates (HGV Services) Ltd does not accept any responsibility for error or omissions.
5. Any delegates attending J Coates (HGV Services) Ltd premises including vehicles are required to adhere to any notices or instructions given to them by J Coates (HGV Services) Ltd staff. J Coates (HGV Services) Ltd does not accept any responsibility for personal belongings or vehicle left on the premises.
6. Unless specified arrangements are made for course refreshments by J Coates (HGV Services) Ltd, refreshments during the course will be delegate’s responsibility.

    

    

7. Where external examinations are involved and the delegate for enrolment has supplied details, J Coates (HGV Services) Ltd cannot accept any responsibility for the accuracy if a dispute should arise with the examinations body.
8. It is important that adequate provision is made to ensure that drivers attending courses are able to comply with the rest requirements laid down in the Driver Hours Regulations.
9. Special needs, the company will endeavour to provide training wherever and whenever practical to do so having first accessed the applicants capability to receive instruction which does not compromise the Health & Safety of it’s workforce, the general public and the individual themselves. For a person who falls into the category of requiring special needs, the company’s normal standard tariff quoted in its Course Guide does not apply and each request will be priced on an individual basis and subject to whatever is recommended at time against the need.  The company retains the right to refuse to train any person who in it’s professional belief will not be able to reach the required standards of that prescribed by either the HSE or the DSA having firstly assessed the person.
10. Should a Customer recruit an instructor into their full or part-time time employment following any training provided to the customer by the Company or approach the instructor about engagement whilst they are still in the employment of the Company under the terms of this Agreement of or within three months of the instructor leaving the employment of the Company whether as a result of the instructors own application or following a job offer by the hiring company, the Customer undertakes to notify the Company forthwith of such engagement and to pay a minimum placement charge of £5000 plus Vat, together with such extra charges as the Company may specify in  relation to any specialised job training undertaken by that instructor within the 12 months immediately proceeding the date of the Customers engagement of such instructor. All such charges are due payable within 14 days of receipt of the Company’s invoice for such recruitment.
11. Should the course be held at the customers own site the room provided must be fit for purpose. If the instructor feels that the premises are not adequate then he may cancel the course at full charge.

The above terms and conditions are binding on acceptance of the joining instructions and supersede any terms and conditions that the customer may wish to impose, no variation may be made without the specific signed agreement with the management of J Coates (HGV Services) Ltd.

Refund Policy

If a refund is payable to a customer for any reason it will be completed within fourteen days of becoming due.

This is calculated after any cancellation costs have been deducted.

CONDITIONS OF BUSINESS – DRIVER TRAINING

1. No estimate or assessment of training time required by a driver to reach LGV/PCV/Car test standard may be considered to be in any way a guarantee that a driver will pass the test at the end of the suggested training time.

2. A training day is normally 8 hours on a dual basis or 4 hours solo. For the health and safety of both the instructor, trainee and other road users there will be a total of 1 hour breaks in a 8 hour session and 30 mins in a 4 hour session.
3. Unless an account facility has been pre-arranged and fully cleared, all training must be paid for prior to the course starting. Any extra training booked during a course must be paid for before the test date. J Coates (HGV Services) Ltd Terms for Payment supersede any conditions applied by the customer under their own terms of purchase, unless previously agreed in writing before training has been provided.  The customer shall make payments of all sums due to the Company within 30 days of the date to which invoices are submitted by the Company and interest will be charged at 10% above Lloyds Bank plc base rate on accounts, which are not paid within that time).

4. No allowance can be made for non-attendance of a driver booked on a test or course unless 10 working days notice of cancellation has been received prior to when the course is scheduled to start. Customers are advised that when returning a cancellation notices that they use Royal Mails Special Delivery obtaining a proof of posting receipt. Failure to be able prove posting within the prescribed timescale above, may result in a charge for all or part of the course being made dependant upon all or part of the cancelled course being sold.
5. Our prime concern throughout all training given by the company must be to provide the highest possible standard of road safety for the protection of our customers, the public and our staff. In the unlikely event that a driver is found by the third day of the course to be unsuited to further training and unlikely to reach test standard, the driver will be told that they will be unable to take their DSA Test due to safety reasons.

6. If the initial stage of training is satisfactorily completed, but our subsequent internal assessment tests reveal that a driver has made insufficient progress to safely attempt the test we must, in the interests of road safety, reserve the right to cancel the use of our vehicle for that test. In the event of such cancellation the company will refund the cost of the accompany to test charge only, the test fee being forfeited unless recoverable from the DSA. The company cannot accept liability for any loss caused by such cancellation.
7. Should training time be lost due to weather conditions or actions outside of the companies control (for example industrial action) we will do our utmost to provide alternative additional time. Any training time added to an instruction period following an adverse weather cancellation or actions outside of the companies control will be charge at the normal rate. Any actions that prevent driving tests from taking place and are attributable to the DSA; customers are advised to refer to the DSA’s web site www.dsa.gov.uk 
8. If a DVSA driving test is cancelled by the DVSA, J Coates will provide a DVSA out of pocket expenses form for them to be able to claim from the DVSA for out of pocket expenses incurred.  J Coates will charge again to take the trainee to the test, these charges could form part of the out of pocket expense.  J Coates cannot guarantee any claim made against the DVSA.

CONDITIONS OF BUSINESS (NATIONAL / INTERNATIONAL CPC & ADR COURSES)  

1. No estimate or assessment of training time required by a trainee to reach any necessary test standard may be considered to be in any way a guarantee that the trainee will meet this standard at the end of the suggested training time.
2. A training day is normally 8 hours.
3. Unless an account facility has been pre-arranged and fully cleared, all training must be paid for prior to the course starting. Any extra training booked during a course must be paid for before the test date. J Coates (HGV Services) Ltd Terms for Payment supersede any conditions applied by the customer under their own terms of purchase, unless previously agreed in writing before training has been provided.  The customer shall make payments of all sums due to the Company within 30 days of the date to which invoices are submitted by the Company and interest will be charged at 10% above Lloyds Bank plc base rate on accounts, which are not paid within that time).
4. No allowance can be made for non-attendance of a trainee booked on a course unless 10 days notice of cancellation is received However, in exceptional circumstances and at the discretion of management, all or part of any monies paid (excluding Test Fees) maybe transferable to an alternative training date. Customers are advised that when returning a cancellation notices that they use Royal Mails Special Delivery obtaining a proof of posting receipt. Failure to be able prove posting within the prescribed timescale above, may result in a charge for all or part of the course being made dependant upon all or part of the cancelled course being sold.
5. Fees payable to examining bodies are not refundable.

CONDITIONS OF BUSINESS – Forklift Truck Operator Training

1. No estimate or assessment of training time required by a trainee to reach any necessary test standard may be considered to be in any way a guarantee that the trainee will meet this standard at the end of the suggested training time.
2. A training day is normally 8 hours or 4 hours solo.
3. Unless an account facility has been pre-arranged and fully cleared, all training must be paid for prior to the course starting. Any extra training booked during a course must be paid for before the test date. (For customers with account facilities the preferred method of payment will be by Direct Debit and those with a Finance Agreement in place. J Coates (HGV Services) Ltd Terms for Payment supersede any conditions applied by the customer under their own terms of purchase, unless previously agreed in writing before training has been provided.  The customer shall make payments of all sums due to the Company within 30 days of the date to which invoices are submitted by the Company and interest will be charged at 10% above Lloyds Bank plc base rate on accounts, which are not paid within that time).
4. No allowance can be made for non-attendance of a trainee booked on a course unless 10 days notice of cancellation is received. Any deposits paid are non refundable. However, in exceptional circumstances and at the discretion of management, all or part of any monies paid (excluding Test Fees) maybe transferable to an alternative training date. Customers are advised that when returning a cancellation notices that they use Royal Mails Special Delivery obtaining a proof of posting receipt. Failure to be able prove posting within the prescribed timescale above, may result in a charge for all or part of the course being made dependant upon all or part of the cancelled course being sold.
5. If our instructor attends your premises to conduct a booked course but is unable to do so due to lack of facilities or any other failure, which is the customer’s responsibility, fees will be payable in full.
6. It is the customer’s responsibility to ensure that trainees are physically fit and sufficiently mentally equipped to operate a powerful machine and recognise its limitations and potential dangers. Guidance can be obtained from the Employment Medical Advisory Service.

COURSES ON CUSTOMERS PREMISES 

Our instructor will require the following facilities in order to deliver effective training:

1. Your forklift truck in a safe, sound mechanical condition for the duration of the course.
2. A supply of stackable loads and empty pallets in a practical training area set aside from the main work area and preferably undercover.
3. Access to a room where we can conduct classroom type lessons.
4. Your trainee’s uninterrupted attendance for the duration of the course.

Should training time be lost due to adverse weather conditions, we will do out utmost to provide alternative additional time. Any timing added to a course following an adverse weather cancellation will be charged at 2/3rds rate.

Driver CPC

1. J Coates (HGV Services) Ltd is an accredited centre (AC00202), whose courses are approved by JAUPT  (Joint Approvals Unit Periodic Training) in order to deliver Driver CPC training that meet the legal requirements.
2. A training day is a minimum of 7 hours, it is a requirement of the training that the course start is punctual, that the course complies with the syllabus approved by JAUPT, that the trainee is in attendance for a minimum of 7 hours in accordance with the course timetable. Failure on the part of the trainee to fulfil this requirement may mean they are refused entry to the course and will be deemed to have cancelled the course forfeiting the course fees.
3. Unless an account facility has been pre-arranged and fully cleared, all training must be paid for prior to the course starting. Any extra training booked during a course must be paid for before the test date. (For customers with account facilities the preferred method of payment will be by Direct Debit and those with a Finance Agreement in place. J Coates (HGV Services) Ltd Terms for Payment supersede any conditions applied by the customer under their own terms of purchase, unless previously agreed in writing before training has been provided.  The customer shall make payments of all sums due to the Company within 30 days of the date to which invoices are submitted by the Company and interest will be charged at 10% above Lloyds Bank plc base rate on accounts, which are not paid within that time).
4.  No allowance can be made for non-attendance of a trainee booked on a course unless 10 days notice of cancellation is received. Any deposits paid are non refundable. However, in exceptional circumstances and at the discretion of management, all or part of any monies paid (excluding Test Fees) maybe transferable to an alternative training date. Customers are advised that when returning a cancellation notices that they use Royal Mails Special Delivery obtaining a proof of posting receipt. Failure to be able prove posting within the prescribed timescale above, may result in a charge for all or part of the course being made dependant upon all or part of the cancelled course being sold.
5.  If our instructor attends your premises to conduct a booked course but is unable to do so due to lack of facilities or any other failure, which is the customer’s responsibility, fees will be payable in full.
6.  It is the customer’s responsibility to ensure that the person attending a Driver CPC course produces both parts of their valid driving licence, paper and photo identification on the day of their course. In the event that the information provided proves to be incorrect, the correct information must be provided to J Coates (HGV Services) Ltd within three working days of the course having taken place to allow the information to be uploaded to the central Data Base. Failure to provide the correct Driver Licence details will mean the course attended will not be allowed and will have to be sat again in order to gain accreditation and will incur additional fees.
7. Every effort will be made to ensure a course goes ahead according to plan, however it maybe that a course has to be cancelled at very short notice, such as due to adverse weather, instructor illness, low course bookings, change of venue or any other unforeseen circumstance. Under these circumstances every effort will be made to firstly advise the course delegate giving as much notice as practically possible as to any change in the booking arrangement. In the case of the cancellation being no fault of the delegate, a new course will be offered or a refund of any course fee paid.

Finance Terms and Conditions

Consumer Credit Service are provided by DEKO Ltd. DEKO is licensed by the Financial Conduct Authority (Interim Permission Number 0616240). Registered offices are at 33 St Mary Axe,London EC3A 8AG.

For more information please refer to www.deko.com/consumerfaq or visit www.deko.com. Finance is provided through the DEKO platform by a number of lenders. You will be offered the best rate available based on your credit history and our lenders credit decision policies. You will be informed who the lender is at the point the loan is offered, and provided with their full contact details.