Terms of Business
1 Definitions
1.1 In these terms and conditions, the following shall have the following meanings:
"Bureau Scoring Service" means a mail-in service which provides scoring of test instruments;
"Client" means any person or organisation purchasing PCL's Materials or the Registered User using PCL's Materials;
"Guidelines" means the PCL Guidelines for Ethical Use of Tests and Questionnaires, a current copy of which is available upon request.
"Materials" means test and training materials, including Restricted Materials, whether printed materials or recorded on any other medium (such as internet, video, DVD, CD-ROM or other software program);
"PCL" means Psychological Consultancy Limited, and any other companies bought or set up by PCL Limited in the future;
"Registered User" means a person who has successfully completed a PCL learning programme, or other training recognised by PCL, and who has been approved by PCL to be registered to use the Materials;
"Restricted Materials" means any psychometric tests or materials (including online test items & scoring protocols, questionnaire booklets, score keys and weights, answer sheets and profile sheets) that, at the time of purchase, are identified as restricted in the current catalogue, in PCL's sales literature, on the website or on the tests or materials themselves;
"Trademarks" means all the registered and unregistered trademarks used by PCL in the course of business.
1.2 The headings in these terms and conditions are for convenience, and do not affect their interpretation.
1.3 PCL reserves the right to change these terms and conditions at any time without prior notice to you, so please check them regularly.
1.4 In the event of any conflict between these terms and conditions (as displayed on our website) and those in our catalogue or elsewhere, these terms and conditions (as displayed on our website) shall prevail.
2 Changes to products, services and prices
Prices and specifications of Materials and services are correct at the time of publication in PCL's current price list or other relevant literature, but are subject to change without notice. Materials and services may also be withdrawn without notice.
3 Supply of product
Where the Client's business is based outside Europe, please note that qualification in the use of certain instruments does not automatically mean that PCL will be able to supply the Client with such instruments.
4 Use of the Materials
4.1 Purchases of Restricted Materials must be made by or on behalf of an identified Registered User who is qualified to use the Restricted Materials and has registered with PCL in accordance with its registration procedures.
4.2 In order to be registered, a user must have successfully completed appropriate training approved by PCL, details of which are set out in the current training calendar and viewable at or email info@psychological-consultancy.com.
4.3 Restricted Materials must be used in compliance with the Guidelines. The Guidelines may be changed from time to time to reflect the most recently accepted practices. PCL reserves the right to refuse to supply Restricted Materials if a Client fails to comply with the Guidelines.
5 Ordering
5.1 Any order placed by the Client will be deemed to be an offer by the Client to purchase the Materials subject to these terms and conditions.
5.2 No order placed by the Client will be deemed accepted by PCL until:
(a) delivery of the Materials to the Client; and,
(b) if requested by PCL the Client provides either:
(i) a written or email confirmation of the order; or,
(ii) an official purchase order.
5.3 When ordering Restricted Materials, the Client must quote the name of the Registered User. Orders may be refused if the delivery address is not that relating to a Registered User.
5.4 Where the materials ordered include computer software, the Client accepts that it is entitled to use the software only in accordance with the applicable software licence (the terms of which are incorporated into these Terms of Business), a copy of which is available upon written request.
6 Dispatch of orders
Subject to availability, PCL normally dispatches standard (non-personalised) Materials within 24 hours of receipt of any order that PCL accepts. However, under no circumstances will the Client be permitted to cancel the order for non- or late delivery unless the procedure in clause 11 (Claims) has been followed.
7 Shipping and packaging
Standard delivery charges to cover postage and packaging will apply to all Materials other than computer-scored reports; if the Client requires guaranteed next day delivery or delivery outside the UK, please contact PCL's Customer Service Team.
8 Orders for non-stock items
Non-stock materials or website are priced on a case-by-case basis. Please contact PCL's Customer Service Team for a quotation. Dispatch of non-stock items is normally possible within four weeks, although every effort will be made to get the items to you as soon as possible.
9 Value Added Tax
9.1 The following is PCL's best interpretation of the current law governing VAT on PCL Materials, but PCL reserves the right to correctly apply VAT should this interpretation prove incorrect or be superseded.
9.2 For sales within the UK, PCL is required to add VAT at the standard UK rate to the cost of all products or services that are not zero-rated.
9.3 The following rules currently apply to sales of products delivered outside the UK:
(a) For sales outside the EU, VAT will not be charged.
(b) For sales within the EU to VAT-registered traders, all products will be zero-rated provided PCL has knowledge of the customer's VAT number at the time of ordering. This applies wherever the goods are delivered to, provided they are not for delivery in the UK.
(c) For sales within the EU to non-VAT-registered traders or to individuals, VAT will be chargeable at the UK rate.
10 Payment
10.1 If a Client is not an authorised account holder, all orders must be paid for in full prior to shipment.
10.2 At a Client's request, or where an order is sent in without a cheque or credit card details, PCL will issue an invoice against which payment may be made. When full payment is received, PCL will process such orders.
10.3 Payment will be in pounds sterling (£).
10.4 Generally, credit accounts will only be offered to registered institutions and major corporate clients (subject to credit approval). Payment terms on these accounts will be 30 days from the invoice date. Authorised account holders will be required to supply an official purchase order or written confirmation. PCL reserves the right to request pre-payment for low-value orders below £250. Where the order is telephoned to PCL, please send the official purchase order or written confirmation (clearly marked "Confirmation of telephone order") to PCL on the same day, preferably by fax on +44 (0)1892 522 096, or by email, or by first-class post. Orders will only be processed on receipt of written confirmation. Any written orders not clearly marked "Confirmation of telephone order" will be processed as new orders.
10.5 It is a condition of sale that ownership of Materials does not transfer to the Client until full payment is received by PCL in respect of the Materials and any other sums which are or which become due to PCL from the Client on any account. If payment is not received by its due date, PCL may repossess any Materials that have not been paid for.
10.6 PCL reserves the right to charge interest and costs of recovery in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 (as amended).
11 Claims
11.1 All claims should be made in writing to PCL's Customer Service Team, quoting the invoice and customer account numbers:
(a) Within three days of receipt of Materials in respect of damage or discrepancies between Materials ordered and Materials received;
(b) Within 21 days of dispatch in respect of non-delivery;
(c) Within one calendar month of dispatch in respect of defective Materials.
11.2 PCL's liability for non-delivery, incorrect delivery, or delivery of defective Materials will be limited, at PCL's option, to replacement of the Materials free of charge or to a refund of the price of such Materials together with the price paid by the Client for the original delivery.
12 Return for refund or credit
12.1 PCL will not accept any Materials for return without prior notice. To arrange return of Materials, contact PCL, give the reason for the return and obtain a returns authorisation. PCL will not accept any Materials for return unless the Client contacts PCL's Customer Service Team within one calendar month of dispatch by PCL.
12.2 In no circumstances will PCL accept any Materials for return that are received more than two weeks from the date of returns authorisation, nor will any refund or credit be made in respect of Materials received by PCL in a damaged or unsaleable condition. PCL recommends that Clients send Materials by traceable means as, in cases of dispute over receipt of returned Materials, clients will be expected to provide proof of receipt by PCL.
12.3 PCL will not reimburse any shipping or delivery costs incurred to return Materials, unless these costs are agreed by PCL in writing prior to shipping or dispatch. In the event of return of a partial order where an initial shipping or delivery charge has been made by us, PCL will not credit this charge, but nor will PCL charge it again if additional items are dispatched to correct an PCL error.
12.4 For returns not made necessary by reasons that fall under 'Claims' above, a handling charge will be made to cover PCL's costs. This handling charge will be 10% of the returned order value, subject to a minimum charge of £10 + VAT.
12.5 PCL reserves the right to charge a handling fee as shown above on any return received without authorisation, irrespective of the reason for return.
13 Change of address or employer
If the Client changes address, or employment, the Client must inform PCL as soon as practically possible.
14 Client's obligations
The Client represents, warrants and undertakes that:
14.1 In the event that the Client is not also a Registered User, they shall ensure that only a Registered User uses the Restricted Materials, that they remain at all times in the possession and under the control of the Registered User and that the Registered User complies with the Guidelines;
14.2 The Client shall not, and shall ensure that the Registered User shall not, license, lend, exchange, give or otherwise dispose of Restricted Materials to third parties or act as agent, distribution channel or stockist of the Restricted Materials, other than providing them to individuals in order for those individuals to be assessed under the Registered User's supervision;
and shall indemnify PCL fully in the event that PCL or PCL's licensors suffer any losses, claims, liabilities, damages, expenses or costs as a result (whether direct or indirect) of any breach by the Client of such warranties and undertakings.
15 Intellectual property
15.1 All PCL's products are protected by intellectual property rights (including trademarks, copyright, patents and design rights) and rights of confidence. Reproduction of these products in whole or in part, in any form, or their storage in a database or retrieval system, by any process, is prohibited except where expressly permitted by law or by licence.
15.2 The Client shall not reproduce, copy, vary or adapt the Materials by any means or in any way whatsoever, or enter or convert the same into any kind of information storage or retrieval system, including but not limited to any form of electronic or computer system.
15.3 The contents of PCL's methods of scoring and processing results are secret and confidential and the Client must not disclose them to any third party.
15.4 PCL is bound by PCL's author and distribution contracts to take prompt legal action against anyone who infringes PCL's copyrights or its authors' copyrights.
15.5 The Client may not make use of data collected by means of Restricted Materials to create products for commercial sale or other commercial exploitation.
15.6 Copyright infringement of Restricted Materials damages the professional standards and credibility of the instruments themselves and the individuals who are using them. Also, loss of revenue ultimately means that fewer resources can be devoted to the continued development of the instruments. PCL urges all PCL test users to cooperate by ensuring that no copyright infringements occur within their own organisation.
15.7 The Client acknowledges that the Trademarks are the property of PCL, or PCL's licensors, and that use of the Trademarks by the Client will at all times be in keeping with these Terms of Business, and the Client will seek to maintain their distinctiveness and reputation.
15.8 The Client shall not use any mark or name confusingly similar to the Trademarks in respect of goods similar to the Materials.
16 Research and permissions
All PCL Materials and on PCL's web sites (or associated websites) are protected by copyright. Therefore if the Client wishes to modify or quote them in research projects etc, the Client will need to apply for permission. Please contact PCL for details of the correct procedure.
17 Bureau Scoring Service
17.1 Where a Client's purchase of Materials includes the provision by PCL of a computer-scored report, then the following shall apply:
(a) Although PCL will use its reasonable endeavours to ensure the reports are complete and accurate, PCL makes no warranty in this regard; and
(b) Reports from PCL's Bureau Scoring Service will be dispatched to the Registered User normally within two working days of receipt of the completed answer sheet(s); and
(c) The Client shall indemnify PCL in respect of any claims made by a third party against PCL or PCL's licensors in relation to the provision of the computer-scored reports to test-takers without appropriate feedback.
17.2 The Client shall not:
(a) Use software purchased from PCL to provide Bureau Scoring Services to third parties; or
(b) Create its own software for the provision of Bureau Scoring Services, or
(c) Purchase Bureau Scoring Services for the scoring and reporting of PCL Materials from any entity outside of PCL.
18 Liability
PCL's liability arising under or as a result of the provision or use of the Materials, whether in contract, tort, breach of statutory duty or otherwise, will not exceed the price paid by the Client for such Materials and their delivery. Nothing in these terms and conditions will exclude or limit PCL's liability for death or personal injury, or for any fraud on PCL's part, or for any liability that cannot be excluded by law. Subject to the foregoing sentence PCL will not be liable for any indirect or consequential loss, loss of business, profit, revenue, data or goodwill, or for lost or wasted management time or the lost time of other employees arising from the Client's use of the Materials (whether direct or indirect).
19 Exclusions
Any condition, representation or warranty that might otherwise be implied or incorporated within these terms and conditions by reason of statute or common law or otherwise is hereby expressly excluded to the fullest extent permitted by law.
20 Variation
20.1 PCL will only supply the Materials in accordance with these conditions, to the exclusion of all other terms and conditions, including any that the Client attempts to apply under any purchase order, confirmation of order or any other document.
20.2 No variation of these terms and conditions requested by the Client shall be effective unless in writing and signed on behalf of PCL by one of its directors.
21 Governing law and jurisdiction
These terms and conditions are governed by English law and you agree you will only sue us in the courts of England. The place of performance of the contract will be England.