Outreach Rescue Medic Skills (ORMS) will always seek to ensure that its products and services meet the client’s expectations. If you have any questions at all, please don’t hesitate to contact us.
This page sets out our general terms and conditions for the following services:
- Provision of Training Services
- Provision of Event Medical Services
- Provision of Physical Products
1.1 The following terms and conditions are applicable to “Short Courses” provided by ORMS. Programmes that lead to professional registration with bodies such as the HCPC require a separate contract to be adhered to with its own set of terms and conditions.
2.1. No terms or conditions endorsed on a Purchaser’s order, specification, or similar document will form part of the contract between the parties. By placing an order, the Purchaser acknowledges the applicability of the ORMS Training Supply Terms.
2.2. ORMS and the Purchaser shall agree on times and places for the performance of Services which shall generally be set out in the relevant Schedule and/or Appendix. Otherwise, ORMS shall use its reasonable endeavours to perform them within a reasonable time in the circumstances.
2.3. Failure to notify of any delay shall not on its own entitle the Purchaser to terminate the contract or withhold payment against ORMS’s invoice. Unless otherwise agreed in writing with ORMS, the Purchaser shall not be entitled to cancel any order for Services once the first performance of the Services has been performed by ORMS.
2.4. Purchasers may be asked to make payment in advance for Services against ORMS’s pro-forma invoice or provide a suitable credit reference or such other proof of creditworthiness as ORMS may require at its sole discretion before supply.
3. Eligibility For and Outcome of Training Courses
3.1. It is the Purchaser’s / Employer’s responsibility to ensure that students are free from any condition which would affect their capability to undertake their chosen course and that they have the aptitude to cope with an intensive course of study. ORMS welcomes students with disabilities but it remains the responsibility of the individual or their employer to ensure that they are appropriately supported in their workplace. ORMS should be provided in advance (and for setting up purposes) notification of any assistance that a student is likely to need during the running of a course. If ORMS decides that a student has not achieved the learning outcomes of the course and/or the assessment standard (ie. they are referred), then they will subsequently be offered a free reassessment. Any further training or coaching over and above that provided on the course may be charged for.
3.2. To be eligible to attend a two-day Requalification First Aid course, students must present a valid First aid at work certificate.
3.3. The Purchaser acknowledges that if the Student arrives late for a course or is absent from any session, ORMS reserves the right to refuse to accept the Student for training, if it decides in its sole discretion that the student will gain insufficient knowledge or skill in the time remaining. In all such cases, the full course fee remains payable. To conform with the requirements for statutory certificates, attendance at all sessions is mandatory.
4. Terms of Payment
Unless subject to separate agreed arrangements, the Purchaser shall pay ORMS within 28 days of the date of ORMS’s invoice. If the Purchaser fails to make payment on the due date, ORMS shall be entitled to charge the Purchaser interest at the annual rate of 3% above the base rate of Natwest Bank plc. Unless otherwise agreed with ORMS or required by law, the Purchaser shall not be entitled to make any set-off in respect of amounts due to ORMS. All course fees are subject to the current rate of VAT (valid exemptions only).
Each party acknowledges and agrees that any and all information concerning the other’s business or the terms of the Agreement including these ORMS Supply Terms is confidential (hereinafter referred to as ‘Confidential Information) and each party agrees that it shall not permit the duplication, use or disclosure of any such Confidential Information to any person (other than its own employee, agent or sub-contractor where the same requires such information for the performance of the Agreement) unless such duplication, use or disclosure is specifically authorised in writing by the other party, or is required by the operation of Law. Confidential Information does not include information, which at the time of disclosure is generally known by the public (other than by the unauthorised act of the disclosing party). The parties shall take all reasonable steps to ensure that their employees, agents, and sub-contractors keep Confidential Information confidential.
6. Data Protection
7. Intellectual Property
7.1. Each party confirms that it owns, or has all necessary rights in the use of, all intellectual property in relation to the Services and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with, the originating party unless otherwise agreed in writing between the authorised representatives of ORMS and the Purchaser.
7.2. Each party agrees to indemnify the other against any actions, costs, liabilities, losses, damages, and expenses which the other may suffer or incur as a result of any claim by a third party in relation to ownership or use of any relevant intellectual property, provided by the other party.
8. Force Majeure
Neither party will be liable to the other for any failure or delay or for the consequences of any failure or delay in performance of this Agreement if it is due to any event beyond the reasonable control and contemplation of a party to this Agreement including, without limitation, acts of God, war, industrial disputes, protests, fire, flood, storm, tempest, explosion, an act of terrorism and national emergencies.
9.1. ORMS warrants to provide Services with all the care and skill to be expected of a qualified and competent contractor experienced in undertaking services of the same kind as the Services.
9.2. If the Services performed are in breach of Clause 9.1, ORMS will at its option make good the performance, re-perform the Service or refund the Purchaser the relevant Price, subject to availability and the performance being proved to be deficient to the reasonable satisfaction ORMS. These obligations will not apply where:
9.2.1. the part of the Service concerned was based on information supplied by or varied from the normal Service at the specific request of the Purchaser; or
9.2.2. the Purchaser failed to notify ORMS of the defect within 14 days of the supply.
10. Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’)
Where a contract with a consumer is concluded on a distance selling basis the Regulations (as amended from time to time) will apply and the Purchasing consumer will have a general right to cancel. In the case of services, this will expire 14 days after booking (except for late bookings when it will expire on the date the services are commenced). Subject to the Regulations and to the foregoing, if a request is made to amend services or to cancel services, the following fees may be applied:
10.1. In the case of a request for transfer:
(a) More than 4 weeks before commencement date: First transfer at no charge subsequent transfer, 25% of amount charged
(b) Between 2-4 weeks before Commencement date: 25% of amount charged
(c) Less than two weeks before Commencement date: 50% of amount charged
10.2. In the case of cancellation:
(a) More than 4 weeks before commencement date: Full Refund
(b) Between 2-4 weeks before Commencement date: 50% of amount charged
(c) Less than 2 weeks before Commencement date: 100% of amount charged
In all cases, a notice of cancellation must be confirmed by email or in writing for the attention of the ORMS Operations Manager.
11.1. Nothing in this contract excludes or limits or attempts to exclude or limit the liability of either party for death or personal injury caused as a result of its negligence, or for fraudulent misrepresentation, or in respect of the implied warranties contained in the Supply of Goods and Services Act 1982.
11.2. Subject to Clause 11.1 ORMS will be under no liability to the Purchaser whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect, or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused.
11.3. Subject to Clauses 11.1 and 11.2, ORMS’s aggregate liability under this Agreement (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused will be limited to the amount paid for the Services concerned.
Any demand notice or communication may be given by hand or sent by first class prepaid post or facsimile and shall be deemed to have been duly served if delivered by hand when left at the address of the other; if given or made by prepaid first class post, 48 hours after being posted (excluding Saturday, Sunday and public holidays); if given or made by facsimile, at the time of transmission, provided that a confirming copy is sent by first class prepaid post to the other party within 24 hours after transmission.
13. Freedom of Information
Where the Purchaser is a Public Authority as defined in the Freedom of Information Act 2000 (‘the FOIA’) it agrees to notify ORMS immediately if it receives any FOIA request for information regarding ORMS or its business, and it agrees to consult with ORMS regarding the application of any exemptions under the FOIA in relation to such request. ORMS agrees to cooperate with the Purchaser in relation to the FOIA.
In the event of a dispute concerning the Goods or Services, the parties shall use their reasonable endeavours to resolve it as soon as practicable. If they fail to do so within 14 days, the parties shall try to agree on and implement a method of dispute resolution. If they fail to agree on such a method within 14 days, the parties confirm that the dispute will then become subject to the exclusive jurisdiction of the courts of England and Wales.
15. Consequences of Termination
The termination of this Agreement howsoever arising is without prejudice to the rights, duties, and liabilities of either party accrued prior to termination. The clauses which expressly or impliedly have effect after termination will continue to be enforceable notwithstanding termination.
16. Contracts (Right of Third Parties) Act 1999
The parties to the contract incorporating these conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
Neither party shall be entitled to assign or transfer any of its rights or obligations without the prior written agreement of the other (which shall not be unreasonably withheld or delayed).
No failure or delay by a party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
If any clause or part of this Agreement is found by any court, tribunal, administrative body, or authority of competent jurisdiction to be illegal, invalid, or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Agreement and this will not affect any other provisions of this Agreement which will remain in full force and effect.
This Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that this Agreement is varied in the manner specified.
21. Entire Agreement
These terms and conditions, and the Agreement into which they are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Supply. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
22. No Partnership
Nothing in this Agreement or any arrangement contemplated by it shall constitute either party a partner of the other nor shall the execution, completion, and implementation of this Agreement confer on any party any power to bind or impose any obligations to any third parties on the other party or to pledge the credit of the other party.
23. Compliance with Laws and Regulations
Each party shall observe and abide by and shall require its sub-contractors to observe and abide by all laws, regulations and by laws as may apply in relation to the matters contemplated by this Agreement.
24. Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of the Agreement or of any term of the Agreement will be governed by the law of England and Wales and subject to Clause 14, the courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement.
Event Medical Services
In these Terms and Conditions “We”, “Our”, “Us” refers to Outreach Rescue Medic Skills (ORMS) and “You”, Your” refers to the party contracting with Outreach Rescue Medic Skills (ORMS). During the continuance of the Agreement into which these Terms and Conditions are incorporated (the “Agreement”), We shall supply our services as may be separately agreed between the parties and You shall purchase the same subject to these Terms and Conditions. Definitions in the Agreement shall also apply in these Terms and Conditions. In the event of any conflict between these Terms and Conditions and other terms of the Agreement, those other terms of the Agreement shall take precedence.
1 Orders/Acceptance to provide medical cover at events
1.1 All orders for Us to provide services at Your event (“the Event”) must be placed by You by contacting our events manager at ORMS. You are required to supply as much information about Your event as possible to enable us to adequately assess your event.
1.2 Many of our events medical staff do not work for us full time, instead, they are drawn from a bank of staff that usually work in the emergency services or wider NHS. Therefore, we cannot guarantee that any particular request for us to provide services will be accepted.
1.3 The issue by us of a quotation is not a binding offer and we will only assume contractual liability once we have accepted in writing your confirmation that the quotation meets your requirements.
2.1 Our charges will be set out in the supplied quotation, which forms part of these Terms & Conditions. All charges are subject to VAT or other applicable taxes.
2.2 Our charges are subject to a minimum booking duration of 4 hours duration unless agreed within the quotation.
2.3 For events where the duration is greater than 5 hours, time must be allowed for Our personnel to take adequate rest break(s).
2.4 Once at the Event, regardless of the duration, the finish time specified on the online booking shall be considered as the finish time of the Event. If an Event continues beyond this finish time, We reserve the right to leave the Event at the specified finish time. Any possible overrun must be discussed with the ORMS Event Medical Officer at the Event as soon as possible. The decision is at the discretion of the ORMS Event Medical Officer at the Event. Where personnel are willing to remain at the Event, the relevant excess charges shall apply in accordance with Our quotation. In all incidences where the finish time exceeds that of the stated time on the booking form, excess charges will become payable.
2.5 Any mileage or subsistence charges associated with the Event will be stated within the quote.
2.6 For the purpose of meetings and correspondence prior to or after an event, a working week will be considered as 0900hrs – 1700hrs Monday to Friday.
2.7 If You wish to cancel Your request for Our attendance at Your Event, You must give Us written notice to be received by Our Events Manager at least 15 working days before the Event. If such notice is not given, then a charge of the full fee plus VAT may be made. Email notification is acceptable as written notice and should be to the ORMS Events Manager that your booking was confirmed by.
2.8 If You wish to change the location, date and/or times of Your event, You must communicate these changes to Us in writing (email acceptable) with as much notice as is possible. We cannot guarantee to be able to cover Your event in such circumstances and a fee may still be made in accordance with 2.7 should the request with 15 working days of the original event. If we are able to cover the event at the “Changed Event” then we reserve the right to re-assess the original quotation and amend if necessary. You will be required to confirm any change to the quotation if any are made.
2.9 Once we have agreed that We will cover Your Event, We will raise an invoice for your Event cover charges. We will aim to provide the facilities to make payment by card or BACS transfer.
2.10 The terms of payment are 30 days from the date of invoice (Unless agreed separately and in writing with the ORMS Commercial Director) and Late Payments may incur interest at 3% over Natwest Bank Base Rate.
2.11 If You owe Us monies from outstanding invoice(s) We reserve the right to decline to cover any of Your events until Your account is settled with us and to engage the services of a third party to recover any outstanding debt for us.
3. Your Responsibilities
3.1 As the Organiser of the Event You retain full responsibility for ensuring that a satisfactory Risk Assessment has been carried out for the Event and that the Risk Management Plan has been executed.
3.2 You must ensure that the Event is properly policed so that Our personnel do not find themselves in threatening situations.
3.3 You must ensure that an area for the treatment of patients is clearly defined. A dry, covered, clean and private area must be provided either by You or by Us (at Your cost).
3.4 You must ensure that We have free and clear access and egress to and from the site of the Event for Our personnel and vehicles.
3.5 You must ensure that the inclusion of other medical personnel at the event is notified to Us in advance of Your event and that they are introduced to the ORMS Event Medical Officer on arrival. Where more than one supplier is required, it is important for all the providers involved to be aware that they will be working alongside other organisations and agree, in writing, that this is acceptable. There will need to be very clear written roles and responsibilities, as well as which provider is covering which area and who is to be the senior medical officer (or similar title) for the event.
3.6 You must adhere to any reasonable request to stop the Event while treatment takes place.
3.7 Your Event staff must be made aware of where the medical/first aid post(s), personnel and/or ambulance(s) are located to assist any requests from participants or spectators.
3.8 Should the Event be of such a size that You are using maps, plans and/or radio equipment, Our personnel should be provided with them. It is Your responsibility to ensure an appropriate system/route of communication is made known to Us.
3.9 You are responsible for ensuring that all necessary licenses to operate the Event have been obtained and for compliance with all conditions associated with such licences and in respect of all relevant legislation, regulations or similar. Failure to comply with the requirements of this clause may be treated by Us as a fundamental breach of this Agreement, in which case We shall be entitled to immediately terminate our services. This will not affect Our right to be paid for Our services (whether performed or not).
3.10 It may be necessary for Our personnel to leave the Event, in order to obtain further medical care for any person they are treating. You should consider this fact when contracting our services and discuss this issue during the quotation stage.
3.11 You must have in place public liability insurance cover in the insured sum of at least £10 million.
4. Our responsibilities (and limitations to the same)
4.1 We will provide medical services at the Event in a manner commensurate with good industry practice.
4.2 We may carry out Our own Risk Assessments and management plan in relation to the medical provision, but these are for Our own purposes. You remain fully responsible for Your Event (see ‘Your responsibilities’ above).
4.3 The ORMS Event Medical Officer at the Event shall manage the deployment of Our personnel. They are responsible for the health, safety and welfare of Our personnel and have a legal obligation under relevant legislation.
4.4 It may be necessary for Our personnel to leave the Event, in order to obtain further medical care for any person they are treating. We accept no liability should this mean that the Event has to cease due to such a reduction of medical cover. If this is a real concern then this should be discussed during the quotation stage.
4.5 In the unlikely event of a life-threatening situation occurring in the vicinity of Your Event, any ambulance at Your Event may be requested to respond (subject to reduced first aid provision remaining at the Event) by the local NHS ambulance service. Should this occur, We will liaise with you prior to any response.
4.7 Acceptance of all events is subject to the availability of volunteers from our bank of medical personnel. In the unlikely event that insufficient personnel are available for an accepted event, every effort shall be made to locate resources from elsewhere, as appropriate to the nature of the event including the use of third-party providers approved by Our Quality System. Should adequate resources remain unavailable, We reserve the right to provide not less than 24 hours’ notice to the named contact person of Our intent to provide reduced resources. If the named contact cannot be reached, all reasonable effort shall be made to inform the appropriate organisation in some other manner. It is the responsibility of the person booking Our resources, to ensure an appropriate system/route of communication is made known to Us. We accept no liability for any losses You may incur due to the cancellation or reduction of the Event for reasons as set out in this Clause.
4.8 In view of the circumstances specified earlier in this Clause, You are advised to arrange appropriate “Event Cancellation” insurance. We will not accept liability for any loss that you incur in relation to cancellation which could have been covered by such insurance.
4.9 Neither We nor Our personnel shall be liable under any circumstances, for any damage to land or property in the event of access being required to a patient or to allow egress from a site.
4.10 Subject to Clause 4.11 below, neither We nor Our personnel shall have any liability to You or any third party, for any loss, expense or damage of any nature, suffered or occurred arising from any breach of any condition of the Agreement or any negligence or any breach of statutory or other duty or in any other way in connection with the performance or purported performance of or failure to perform the Agreement.
4.11 Nothing in this Contract shall be taken to exclude liability for death or personal injury resulting from Our (or Our personnel’s) negligence.
4.12 We shall not be liable for any failure in performance of any of Our obligations under the Agreement caused by factors outside of Our control (including but not limited to fire, storm, flood etc.)
5. Information Provided to and by Outreach Rescue Medic Skills
5.1 If, in Our opinion, a suitable level of cover cannot be agreed, or Your Event appears to put Our personnel at unacceptable risk of injury or illness, We reserve the right not to proceed with Our services. However, it remains Your sole responsibility as the body organising the event to ensure that the level of cover requested complies with all statutory regulations and requirements laid down by any governing body relating to such an Event.
5.2 Acceptance of all events (and the fees quoted) for the provision of resources is made on the understanding that the details of the Event submitted to Us are accurate and correct. If We are notified of changes to these details, such as levels of resources, duration, time or location of Event, We reserve the right to revise Our fees or to reconsider Our acceptance of the Event. If upon arrival at the Event, the ORMS Event Medical Officer in attendance considers the Event to be larger or of a higher risk than stated on the booking form or subsequent correspondence. We reserve the right to withdraw from the Event after consultation with the ORMS On-Call manager. In such circumstances, all reasonable effort shall be made to advise you of the reasons for withdrawal. Should it be necessary at this stage to withdraw from the Event, full charges will apply for the resources provided, and We accept no liability for any loss you may incur due to the termination of the Event in such circumstances.
5.3 With regard to details of persons treated by Our personnel, personal information will only be provided upon a request by legal representation and/or by written consent of the individual concerned, all subject at all times to the Data Protection Act (1998). We will provide You with a summary of patients treated, and in the event of reportable injuries or illnesses under RIDDOR or other legislation, We will provide you enough details to make a referral to the relevant authority.
6.1 Any complaints or disagreements regarding Our services or Our personnel should be taken up with the ORMS Event Medical Officer at the Event. If the issue cannot be resolved, all complaints must be made either in writing to the ORMS Event Manager, details of whom can be obtained from Our personnel at Your Event or via our office.
7.1 Each party will ensure that all confidential information received from the other, remains confidential subject to any disclosure required by law (when full consultation will take place between the parties prior to disclosure).
7.2 If You are subject to the Freedom of Information Act (2000) request, then You agree that before disclosing any information about Us, You will consult with Us in order to consider if any exemption to disclosure may be applied. Where We are involved in the reasons for the disclosure, You will also provide Us with a copy of the FOI request and any subsequent disclosure.
7.3 Each party confirms that it owns or has all necessary rights in the use of all intellectual property in relation to the services which are the subject of the Agreement (and the related catalogues/literature) and each acknowledges that such intellectual property shall remain the property of, or the rights in the use of shall remain with the originating party, unless otherwise agreed in writing between the authorised representatives of each party.
7.4 If any clause or part of this Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from this Agreement and will be ineffective without, as far as is possible, modifying any other clause or part of this Contract and this will not affect any other provisions of this Contract which will remain in full force and effect.
7.5 The parties to this Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
7.6 No failure or delay by either party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same or of some other right, power or remedy.
7.7 The Agreement may only be varied or amended in writing and signed by the parties specifically referring to this clause and stating that the Agreement is varied in the manner specified.
7.8 The Agreement into which these terms and conditions are incorporated contain all the terms which the parties have agreed in relation to the subject matter of this Agreement. Nothing in this Clause shall be taken to exclude liability for fraudulent misrepresentation.
7.9 Nothing in the Agreement or any arrangement contemplated by it shall constitute either party a partner of the other nor shall the execution, completion and implementation of the Agreement confer on any party any power to bind or impose any obligations to any third parties on the other party or to pledge the credit of the other party.
8. Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and all aspects whatsoever of the Agreement or of any term of the Agreement will be governed by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement.
8.1 The Agreement shall be governed by English Law and the parties consent to the exclusive jurisdiction of the English Courts.
We will normally deliver your order to you in 5-10 business days. If there is a longer delay we will inform you. If your requirement is urgent please contact us to check stock levels 01248 603012. International deliveries take longer and ORMS does not normally sell physical products internationally. However, should you wish to order items from us we can arrange carriage, quotes will be given on request.
The Seller shall use reasonable endeavours to deliver the Goods to the Buyers address on the delivery date.
The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) promptly or at all.
Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any or them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full, provided that delivery shall be tendered at any time within seven days of the Delivery date.
Carriage Charges. All orders within mainland United Kingdom below £950 excluding VAT will be subject to carriage charges of £25 plus VAT. All orders over £950 excluding VAT within mainland UK will be shipped carriage free.
All returns must be pre-authorised prior to shipping to our warehouse. Unauthorised returns may be refused and additional carriage costs may be incurred.
Your legal rights: When you buy goods from a business, in law you have a number of rights as a consumer. These include the right to claim a refund, replacement, repair and/or compensation where the goods are faulty or mis-described.
Our policy: In addition to your legal rights, we also allow you to return goods if you simply change your mind. Please return the unused goods to us in their original packaging and unused within 7 days and we will offer you an exchange or a credit note. This excludes items that have been “personalised” to the buyer.
Goods must be returned in their original packaging and unused. Failure to return goods in a new condition may result in restocking fees. These fees will be £50.00 plus VAT or 25% of the invoice value whichever is the greater.
Any goods returned for product defect or warranty issues will not incur restocking fees but must still have appropriate authorisation.