GT Display Limited
GT Display Limited of Phoenix House, Unit 1, Midland Works, Heath Mill Road, Wombourne, Wolverhampton WV5 8AP ‘the Contract’ any contract for the supply of Goods and/or Services by GT Display Limited to the Customer. ‘the Customer’ any customer of GT Display Limited to whom Goods and/or Services are supplied by GT Display Limited under the Contract. ‘Goods’ any goods to be supplied by GT Display Limited to the Customer under the Contract. ‘Price’ all charges expenses and other sums due to be paid by the Customer to GT Display Limited. ’Services’ any services to be supplied by GT Display Limited to the Customer under the Contract. ‘Quotation’ any offer GT Display Limited for the provision of the Goods and/or Services to the Customer. ‘Terms’ the terms and conditions set out in this document and any additional terms and conditions agreed in writing by GT Display Limited and the Customer.
• 2.1 These Terms exclude all other terms and conditions including any implied by a course of dealing between GT Display Limited and the Customer. Any variation of these Terms is only valid if agreed in writing by a Manager of GT Display Limited.
• 2.2 The Customer is deemed to have accepted the Terms when it accepts GT Display Limited Quotation.
• 2.3 For the avoidance of doubt, these Terms are to be read in conjunction with the provisions of the Unfair Contract Terms Act 1977, the Sale and Supply of Goods Act 1994 and the Unfair Terms in Consumer Contracts Regulations 1994 or any statutory modification thereof. Nothing in these Terms shall affect the statutory rights of a consumer.
• 3.1 Quotations are valid only for 30 days from the date of issue unless agreed in writing by GT Display Limited. Any items not specified on the Quotation but requested by the Customer at any time will be charged in addition.
• 3.2 Value Added Tax and any other taxes, government charges or customs duties are not included in the Price and will be charged separately.
• 3.3 Carriage charges are not included in the Price and will be charged separately. GT Display Limited reserves the right to vary the carriage charges at our discretion.
• 3.4 The Price shall be paid to GT Display Limited not later than 30 days after the date GT Display Limited invoice. Time shall be of the essence for payment. If the Customer of GT Display Limited does not pay within such period then GT Display Limited may make a surcharge for allowing credit to the Customer between the invoice date and the date of actual payment by the Customer at the rate of 10% above the Bank of England base rate from time to time on the amount outstanding after as well as before judgement.
• 3.5 Should for any reason GT Display Limited be unable to trade on a credit account basis - the Customer will be advised of the terms and method of payment at the time the order is received by GT Display Limited. In such cases the order will not be processe until payment to the full value of the order is received by GT Display Limited.
• 4.1 Unless otherwise agreed in writing time is not of the essence of the Contract but GT Display Limited undertakes to use its reasonable endeavours to supply the Goods and/or Services in a reasonable time any time or date for delivery made by GT Display Limited is an estimate only and GT Display Limited shall not be liable for the consequences of any delay.
• 4.2 GT Display Limited reserves the right to make delivery by installments. In such event each delivery shall constitute a separate Contract.
• 4.3 Unless otherwise agreed in writing, delivery of the Goods and/or Services shall be effected at the place set out in the Quotation.
• 4.4 Signature of GT Display Limited delivery note shall be conclusive evidence as to the quantity and quality of the Goods delivered unless within 3 days of receipt of the Goods, notice is given to GT Display Limited in writing of any errors in quantity and the Customer acknowledges that this period will give him a reasonable opportunity to examine the Goods.
• 4.5 In respect of any variation in colour of Goods supplied from the colour specified on the Quotation the Customer must return the Goods to GT Display Limited within 3 days of the date of delivery. If there is a variation in colour then GT Display Limited only liability shall be to re-supply the Goods to the Customer and pay for the reasonable extra transportation costs involved in returning and resupplying the Goods. If the Goods returned comply with the colour specified in the Quotation then the cost of transportation to GT Display Limited and the return of the Goods to the Customer shall be for the Customer’s account.
• If GT Display Limited supplies Services under the Contract at a place other than its own premises then the Customer shall be responsible for ensuring that the site where the Services are to be provided is prepared for the provision of the Services to the satisfaction of GT Display Limited (in the case of retail outlets this would include clearing the site of the Customers goods) and the Customer will indemnify GT Display Limited against any loss, damage or delay arising as a result of poor site condition.
6 Risk and Property
• 6.1 The risk of the Goods shall pass to the Customer upon delivery but the full legal and equitable ownership of all Goods supplied by GT Display Limited whether under the Contract or any other contract shall remain in GT Display Limited until payment in full has been made. GT Display Limited is paid in full for the Goods the relationship of the Customer to GT Display Limited shall be fiduciary in respect of the Goods and the Customer shall clearly identify the Goods as being the property of GT Display Limited.
• 6.2 GT Display Limited shall be entitled forthwith to recover and re-sell any such Goods to which GT Display Limited has title and to enter upon the premises of the Customer with such transport as may be necessary for that purpose, if the Customer commits any default. The expression ‘default’ shall include (but not be limited to) failure to pay GT Display Limited on the due date, the appointment of a receiver of the Customers business, or the presentation of a petition to wind up the Customer. If the Customer makes default in any payment then GT Display Limited shall have a lien for any amount outstanding to GT Display Limited on any goods the property of the Customer which may remain in the possession of GT Display Limited or its agents.
• 7.1 Unless otherwise agreed in writing and signed by a manager of GT Display Limited shall not be liable for any recommendations, advice, opinion or statement given or made by GT Display Limited, its servants or representatives.
• 7.2 GT Display Limited will not in any circumstances be liable for any loss or damage direct or indirect or consequential, sustained by the Customer which may in any degree be attributable to the adoption by the Customer or any third party or technical information, data or advice given by or on behalf of the Customer in relation to the use of the Goods. For the avoidance of doubt this subsection is totally ineffective in respect of negligence resulting in death or personal injury.
• 7.3 For the avoidance of doubt GT Display Limited hereby absolves itself from any liability in respect of any damage caused by unauthorised alterations to the Goods after delivery.
8 Exclusion and Limitation of Liability
• 8.1 Where GT Display Limited supplies Goods under the Contract save insofar as defects in those Goods cause death or personal injury, GT Display Limited liability shall be limited as set out in clauses 8.2. 8.3 and 8.5 below.
• 8.2 Where GT Display Limited supplies Goods under the Contract and those Goods cause loss or damage to the Customers property GT Display Limited liability shall not exceed the lower of the value of the property lost or damaged (or its repair cost, whichever is the lower) and £100,000.
• 8.3 Where GT Display Limited supplies Goods under the Contract and such Goods subsequently suffer loss or damage or deterioration caused by the negligence of GT Display Limited or its employees or agents acting under its control then GT Display Limited liability shall be limited to replacing those Goods lost or damaged.
• 8.4 Where GT Display Limited supplies Services under the Contract save insofar as the provision of those Services causes death or personal injury caused by the negligence of GT Display Limited or its employees or agents acting under its control then GT Display Limited liability shall not exceed the lower of the value of the property lost or damaged (or its repair cost, whichever is the lower) and £1,000,000.
• 8.5 In no circumstances shall GT Display Limited be liable for any consequential or indirect loss or damage of the Customer arising from any liability of GT Display Limited.
9 Force Majeure
• 9.1 Neither GT Display Limited nor the Customer shall be liable for any failure to perform any part of the Contract if performance has been delayed hindered or prevented by any circumstances whatsoever which are not within the control of the party which is hindered delayed or prevented and are not preventable by reasonable diligence on its part.
• 9.2 Without limiting Clause 9.1 above neither GT Display Limited nor the Customer shall be liable for any failure to comply due to any order or request of any National, Provincial, Regional or Local Authorities or for any delays caused by strikes, lockouts, Act of God or any other event beyond its control. If GT Display Limited is at any time delayed hindered or prevented from delivering in whole or in part of the Goods and/or Services, then GT Display Limited shall be at liberty to withhold, suspend or reduce delivery to such extent as is reasonable in all the circumstances. The Customer will then be liable for a rateable proportion of the Price and all subsequent deliveries. In no circumstances shall the Customer be entitled to rescind the Contract on the grounds of failure by GT Display Limited where the provisions of this Clause 9 apply.
10 Intellectual Property
• 10.1 GT Display Limited remains the owner of all intellectual property rights in the Products and the results of Services, including inventions, models, designs, schedules, drawings, illustrations and all other documentation etc. comprised therein as supplied to the Customer. The Customer shall not copy, reproduce or circulate the above in whole or in part, without the prior written permission of GT Display Limited.
• 10.2 GT Display Limited has not verified the possible existence of third party intellectual property rights which might be infringed as a consequence of the sales and/or delivery of the products and services and GT Display Limited shall not be liable for any loss or damage in that respect.
• If the Customer commits a breach of these Terms or being a company a resolution or petition for its winding up is passed or presented or a receiver appointed or an administrator is appointed (or if an individual commits any act of bankruptcy or enters into a composition with his/her creditors or suffers any execution believed on his/her goods) or is the subject to any action which in the reasonable opinion of GT Display Limited is prejudicial to the interests of GT Display Limited, GT Display Limited shall be entitled in its absolute discretion to terminate the Contract or suspend its performance and all sums due to GT Display Limited from the Customer shall become payable forthwith.
12 Returns and Custom Goods
• No returns will be accepted without the Sellers prior authorisation in writing. There is a re-stocking charge of 20% of the value of the goods returned plus all carriage charges that have been incurred. Notification of damage or shortage must be received in writing within 3 days of receipt of goods. Custom made or modified products are non-returnable. No returns of any nature will be accepted after 60 days from despatch date. Please note that it is the customer’s responsibility to check that goods are received in good condition prior to signing carriers delivery note.
If you have ordered by internet, under the Distance Selling Regulations, you have a statutory right to cancel your order within seven working days and receive a full refund for any delivery. This does not apply to items personalised or made to your specification for which, once your order has been received we will not accept any cancellation. To cancel you should email Customer Services at info@GTdisplay.co.uk within 7 working days commencing the day after the day of delivery of your item(s). Where an order cannot be cancelled a refund may be given subject to our returns policy at section 12.