Terms & Conditions

GENERAL

1. These Terms and Conditions apply to all goods supplied and/or work done by GBM Digital Technologies Ltd. (“the Company”) and override any terms and conditions referred to by the Customer whether in negotiations or otherwise. In these Terms & Conditions “the Goods” means the goods and/or services the subject of the Contract between the Company and the Customer and “the Customer” means the person firm or company purchasing the Goods. Each delivery of Goods shall be deemed to be a separate contract to which these Terms and Conditions shall apply.Conditions “the Goods” means the goods and/or services the subject of the Contract between the Company and the Customer and “the Customer” means the person firm or company purchasing the Goods. Each delivery of Goods shall be deemed to be a separate contract to which these Terms and Conditions shall apply.

2. No stipulation, representation or warranty made or attempted to be made at any time by either party to the Contract or by any person on behalf of such party shall vary, modify or counteract these Terms and Conditions. No variation in the Terms and Conditions shall be valid unless made in writing under the hand of a Director of the Company. In the event that any part or parts of these conditions are held to be invalid such invalidity shall not alter the validity of any other part or parts of the same and each Clause and each sub-clause shall be capable of independent existence.

3. The Customer represents that it enters into the Contract in the course of its business and not a consumer.

QUOTATIONS & PRICES

4. Any quotation by the Company shall be open for acceptance for 7 days and if not accepted within this period shall be deemed to be withdrawn.

5. VAT shall be paid by the Customer at the rate prevailing at the date of invoice.

6. The Company reserves the rights to sub-contract work and where the quotation given includes an estimate or reserve in respect of the costs of a sub-contractor such estimate or reserve, whilst given in good faith, is subject to formal confirmation and will not be binding upon the Company unless and until ratified by the sub-contractor.

PAYMENT AND ADDITIONAL CHARGES

7. Payments shall be made at the Company’s business address and are due 30 days after invoice. The Company reserves the right to charge and be paid interest on all sums due from the Customer at the rate of 5% above Barclays Bank plc base lending rate from the date upon which payment is due until the date upon which it is received as well after as before judgement. Invoices are payable in full without set-off retention or counterclaim. The Company reserves the right to invoice goods whether other goods remain outstanding or not.

8. In the event of the company incurring additional expense not provided for in any quotation as a result of the occurrence of any of the following, such additional expense shall be added to the price:

(a) Variation and /or alteration of instructions and/or details and/or failure by the Customer or its representative to provide the same.

(b) Overtime costs incurred if the delivery date does not permit sufficient time for the work to be completed during normal working hours.

DELIVERY DATES

9. Time for delivery is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond the Company’s control. In no case shall time be the essence of the Contract.

10. Contracts and deliveries may be suspended in the event of any strike, lock-out, trade dispute, fire, tempest, breakdown, accident, riot, theft, crime, civil disturbance, war, force majeure or other occurrence preventing or retarding the processing or delivery of the Goods and no responsibility shall attach to the Company for any delay, default, loss or damage due to any of these causes or for any damage in transit or at the works of the Company or to any other cause beyond the control of the Company whether in respect of contracts or deliveries or the safe custody of articles deposited with the Company. If the Customer desires to be protected against the risks specified in this clause or any of them he shall on or before the date of the Contract request the Company to be protected accordingly and shall pay the premium payable on any policy to be effected in consequence.

DEFECTS IN QUALITY/QUANTITY

11. Every care is taken in the preparation of the Goods but it is the responsibility of the Customer to check them immediately upon receipt to ensure that they comply with the Customer’s instructions in every respect. If the Customer alleges that the goods do not conform to the Customer’s order whether as to content quality or quantity it shall notify the company within three working days of delivery by letter, telex or facsimile transmission of such allegation and the failure to make such notification shall be deemed to be conclusive evidence of the conformity of the goods to the Customer’s order in every respect.

12. The Company’s liability for defects in the goods shall be limited to the replacement by the Company of the goods at no cost to the Customer, PROVIDED THAT such defect is notified in accordance with clause 13 hereof. The Company shall not be liable for consequential loss or damage of whatever nature arising out of such defects.

13. In any event the liability of the Company for defects in the Goods shall be limited to a sum equivalent to the invoice price of the goods in respect of which any claim is made against the Company.

14. In the event of the Company requiring increased cover against the risk of any loss in excess of the limitations of liability contained herein or cover against consequential loss or damage, the Company will be pleased to submit a revised price for the goods provided that the Customer’s requirement is indicated in writing on or before the date of the Contract.

RISK AND TITLE

15. The risk in the goods shall pass to the Buyer upon delivery. Where the goods are collected by or on behalf of the Buyer or its agents from the premises of the Seller, the risk shall pass to the Buyer at the time the goods are handed over to the Buyer or its agents.

16. The property in the goods shall not pass to the Purchaser until they have been paid for in full. If nevertheless, the Buyer sells the goods before they have been paid for in full, he shall hold the proceeds of such sale (or, where he has made partial payment to the Seller for the goods, such of the proceeds as are equal to the sum remaining due from him to the seller for the goods) on trust for the Seller.

STORAGE OF CUSTOMERS GOODS

17. Whilst every care and precaution is taken against loss of or damage to articles entrusted to the Company all are held at the sole risk of the Customer and no liability is accepted should damage or loss occur. The Customer is advised to insure.is taken against loss of or damage to articles entrusted to the Company all are held at the sole risk of the Customer and no liability is accepted should damage or loss occur. The Customer is advised to insure.is taken against loss of or damage to articles entrusted to the Company all are held at the sole risk of the Customer and no liability is accepted should damage or loss occur. The Customer is advised to insure.is taken against loss of or damage to articles entrusted to the Company all are held at the sole risk of the Customer and no liability is accepted should damage or loss occur. The Customer is advised to insure.insure.is taken against loss of or damage to articles entrusted to the Company all are held at the sole risk of the Customer and no liability is accepted should damage or loss occur. The Customer is advised to insure.

LAWS OF THE JURISDICTION

18. The Contract shall be governed by English Law and the jurisdiction of the English Courts.

CLAIMS

19. Any complaint must be made within seven days of delivery beyond which period no claim can be entertained.

FREIGHTAGE

20. Where at the request of our clients we are asked to forward either by Postal, Rail or Courier Freightage, products of this Company, an appropriate charge will be rendered for this service. Whilst every reasonable precaution will be taken to ensure accuracy of despatch, no claims will be accepted by GBM Digital Technologies Ltd. in the event of damage to or non-delivery of goods by whichever means of Freighting have been used, and after they have left these premisies.premisies.accuracy of despatch, no claims will be accepted by GBM Digital Technologies Ltd. in the event of damage to or non-delivery of goods by whichever means of Freighting have been used, and after they have left these premisies.