Terms & Conditions
This page includes copies of our terms and conditions for:
- General Sales
Please find full detail below:
General Sales Terms & Conditions
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.
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by the Company shall be open for acceptance for 7 days and if not accepted within this period shall be deemed to be withdrawn.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.
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, email 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.
LAWS OF THE JURISDICTION
18. The Contract shall be governed by English Law and the jurisdiction of the English Courts.
19. Any complaint must be made within seven days of delivery beyond which period no claim can be entertained.
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 premises.
Repair Centre Terms & Conditions
1. These Terms and Conditions apply to all goods and services provided by GBM Digital Technologies Ltd (“GBM”) via it’s Service Centre, 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 GBM 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 GBM. 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.
Repair & Replacement Services
3. GBM will repair/service the Customer’s Apple products in the agreed manner for the quotation provided, unless other such charges are agreed with you verbally, or in writing. GBM will provide repair or replacement services to address defects with the Customer’s Apple product.
4. Data stored on our Customer’s Apple Products is not the responsibility of GBM. As a result, GBM cannot be held responsible for any data loss/corruption that occurs during service. It is the Customer’s responsibility to ensure that data has been backed up before entering their device for service.
5. Where Apple instruct GBM to provide you with a replacement Apple Product or component, GBM is obligated to return the original Apple Product or component to Apple in order to obtain the replacement item. The return of the original Apple Product/component is carried out via courier. GBM do not data cleanse products/components before sending them to Apple for processing. It is therefore the Customer’s responsibility to ensure that any personal or sensitive data has been removed from the Apple Product before entering the product for service. GBM cannot be held responsible for any data loss/corruption that occurs during service.
6. Where a product is entered in to service, which includes visual modifications made to the product, such as stickers, transfers, etching, engraving, or other customisations, these will not be present on any replacement product/component. GBM will not be responsible for any loss of modification or customisation to the Customer’s product.
Data Transfer Services
7. GBM offers data transfer services for the full Mac range of Apple Products. In order to provide data transfer services, the Customer will need to provide GBM with a copy of the original data, as well as a destination device, which will house the data after transfer. Both the original and destination devices must be capable of storing data. During service, it is possible that data may be lost or become corrupted. In such an event, GBM will not be responsible for any loss of Data.
8. GBM will not copy any of the Customer’s data from their Apple Product on to any Company owned device, and do not store or retain a copy of the data provided for transfer.
9. In order to process the Customer’s repair, GBM will share the Customer’s details with Apple, via their ‘Global Service Exchange’ online repair database. These details are name, address, email address, and phone number, as well as details about the Customer’s Apple product, and details of the repair required.
10. GBM will retain the Customer’s details for 6+1 years. These details are: name, address, email address, phone number, details about the Customer’s Apple product, as well as details of the repair required.
11. The Customer is responsible for ensuring that their data is backed up prior to entering their product in to service. GBM is not responsible for any loss, corruption, or recovery of data.
12. GBM will contact the Customer once the repair is complete, to arrange the collection/return of the product. If the Customer fails to collect the product within seven (7) days of notification of completion, the Customer will be notified that their product will be sent to GBM, 16-18 Midland Street, Ardwick, Manchester, M12 6LB for storage, this will become the new collection point for repair. At ninety (90) days GBM will notify the Customer that the product has been considered abandoned. GBM may then dispose of the product, in accordance with the law, or, resell the product to recover the costs of service.
13. GBM charge a flat diagnostic fee of £40 exVAT for the inspection of any Apple products not covered by Apple or GBM warranty. Should the Customer go ahead with the repair, the diagnostic fee will be removed from the total cost of repair. Should the Customer decline the repair, GBM will retain the diagnostic fee in full, to cover the cost of diagnosis.
Quotations & Prices
14. Any quotation by GBM shall be open for acceptance for 7 days, and, if not accepted within this period, shall be deemed to be withdrawn.
15. VAT shall be paid by the Customer at the rate prevailing at the date of invoice.
Payment & Additional Charges
16. Payments shall be made at GBM’s business address. Payment of a diagnostic fee (where applicable) is due before diagnostics are carried out. Additional charges for works may be agreed verbally or in writing before work has been carried out. Payment for additional works are due at point of collection of the Customer’s repair.
17. In the event of GBM 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.
Cancellation & Refunds
18. Once a Customer provides GBM with an order to proceed with a repair, either verbally or in writing, GBM will begin processing the repair. The order will therefore become non-cancellable and non-refundable from the point of Customer acceptance.
19. GBM may provide an estimated date for the completion of a repair. Time for completion is stated as accurately as possible but is not guaranteed and is subject to extension to cover delays caused by events beyond GBM’s control. In no case shall time be the essence of the Contract.
20. 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 GBM for any delay, default, loss or damage due to any of these causes or for any damage in transit or at the works of GBM or to any other cause beyond the control of GBM whether in respect of contracts or deliveries or the safe custody of articles deposited with GBM.
21. All parts and labour provided are covered against defects in materials and workmanship for 90-days from date of service (excluding batteries).
22. Batteries installed as part of Apple’s battery replacement service for Apple portable Mac computers are covered against defects in materials and workmanship
for 12-months from data of installation.
Laws of the Jurisdiction
23. The Contract shall be governed by English Law and the jurisdiction of the English Courts.
24. Any complaint must be made within seven days of receipt of the Customer completed repair, beyond which period no claim can be entertained.
25. Where at the request of the Customer 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 premises.
Training Terms & Conditions
These are the terms and conditions governing the provision of training services by GBM or its sub- contractors with the exclusion of any other oral or written statement or agreement whatever its legal character. ‘Client or Customer’ means a company or individual that completes a course booking form or enters into a contractual arrangement. ‘Delegate’ means the party or parties named as attendees on the course booking form. ‘Invoice’ means an invoice for the charges delivered by GBM to the customer
These Terms and Conditions shall apply to all training carried out in the provision of services by GBM to the Customer in accordance with any order confirmation authorised by the Customer. No additions to, or modifications of, these Terms and Conditions shall have effect unless expressly agreed in writing by both parties and expressed to be amendments to these Terms and Conditions. GBM employees or agents are not authorised to make any representations whatsoever concerning the provision of services unless confirmed by GBM in writing. The Customer acknowledges that it does not rely on, and waives any breach of, any such representations that are not so confirmed.
3. Acceptance of Order
i. Bookings can be accepted at any time up to 5 days prior to the course start date, subject to availability.
ii. An official confirmation must be received from the Customer in order to reserve a place. Prior to your confirmation, your place is only held provisionally.
iii. Confirmed bookings can be made by letter, fax or email (provisional bookings can be made by telephone or email). Bookings will only be confirmed on receipt of written authorisation.
4. Substitutions, Rescheduling and Cancellations
i. Delegate substitutions may be made prior to the start of the course without penalty, providing GBM is informed in writing with 48hrs notice. It is the Customer’s responsibility, having referred to relevant GBM course information, to ensure the course is suitable for the student’s requirements.
ii. Bookings rescheduled by the customer within zero to fourteen days of the commencement date of the course will incur a 10% transfer fee.
iii. Bookings transferred by the customer more than fourteen days before the commencement date of the course will incur no transfer fee. However the transfer must
take place within 3 months of the commencement date of the original class.
iv. In the event that a customer cancels a booking for which a transfer has taken place, this will incur a minimum 50% cancellation fee (see below).
v. In all circumstances GBM require written notification of any transfers.
vi. Cancellations by customers made more than thirty days before course commencement will not incur cancellation charges.
vii. Cancellations within zero to seven days of course commencement will incur a 100% cancellation fee, between eight and thirty days will incur a 50% cancellation fee.
viii. In all circumstances GBM require written notification of any cancellations.
ix. GBM undertakes to provide the training course on the date specified except when external circumstances prevent this. In these circumstances, GBM will endeavour to re-run the course on a mutually agreeable basis.
x. GBM reserves the right to cancel a course, though we make every effort to ensure this does not occur. In the event of a course being cancelled by GBM , alternative dates will be proposed or a full refund of monies paid will be made to the customer.
xi. GBM takes no responsibility for loss of profit and/or for any incidental, consequential special or indirect losses as a consequence of exceptional cancellations.
GBM reserves the right to assign or sub-contract its training courses to other appointed and approved personnel
6. Pricing and Payment terms
i. All course fees are fixed and published by GBM, however, GBM reserves the right to review and change prices.
ii. The course fee includes tuition, training materials, manuals and computer time as appropriate to the course. iii. Payment of the course fee, together with the VAT, should be received by GBM 30 days prior to the course start date or on booking, whichever is agreed at time of booking.
iv. No training services will be provided unless payment conditions have been satisfied.
v. All prices quoted are exclusive of VAT, which will be charged at the prevailing rate as notified by Customs and Excise.
vi. Payment can be made by Bank transfer, guaranteed cheque or credit card (Mastercard or VISA). Credit card payments may incur a 2% surcharge on the gross amount. vii. The client agrees to pay for any loss or extra cost incurred by GBM through the client’s instructions.
7. Course content
GBM course listing is provided for information purposes only and does not constitute an offer for a particular course or programme. GBM constantly strives to improve the content of its courses and therefore reserves the right to modify the specification of a course without notice to the Customer. A course title, duration, cost, content and location are liable to change at any time.
8. Delegate Suitability
i. It is the Customer’s responsibility to ensure that the course is suitable for their requirements. All delegates should have read and understood the course outline and met the necessary prerequisites.
ii. GBM reserves the right to ask a delegate to leave the training event if the delegates do not meet the course prerequisites.
iii. GBM urges clients to support this policy, which is designed to protect the Customer’s investment.
iv. All delegates will be required to abide by any site rules and regulations operating at the course location. 10. Force Majeure
GBM shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from, hindered in or delayed in the provision of services through any circumstances beyond its reasonable control including but not limited to strikes, lock outs. Accidents, war, fire, acts of God, reduction in or unavailability of power, break down of plant or machinery or shortage or unavailability of raw materials from normal sources of supply.
11. Limitation of Liability and Indemnities
i. Except as may otherwise be expressly provided in these Terms and Conditions, all warranties, conditions, terms, undertakings and representations of any kind whatsoever, express or implied, whether by statute, common law or otherwise, are hereby excluded by GBM to the fullest extent permitted by law and GBM shall have no other obligation, duty or liability whatsoever in contract, tort, statute or otherwise to the Customer.
ii. GBM represents and warrants that the services provided will be performed in a professional and skilful manner consistent with the professional standards and the general customs and practices of the industry.
iii. GBM ’s maximum aggregate liability for any and all losses, claims, demands, damages, costs and/or expenses of any kind whatsoever arising out of or in connection with any order confirmation and/or these Terms and Conditions (whether in contract, tort, by statute or otherwise) shall not, in total, exceed the amount actually paid by the Customer to GBM for the services which are the subject of the order confirmation in question.
iv. Without prejudice to the generality of the foregoing, GBM shall not be liable to the Customer (whether in contract, tort, by statute or otherwise) for loss of profits and/or for any incidental, consequential, special or indirect loss or damage arising out of or in connection with any order confirmation and/or these Terms and Conditions, including but not limited to:
(a) loss of use;
(b) loss of goodwill;
(c) loss and/or corruption of data; (d) loss of information;
(e) loss of business;
(f) loss of goods;
(g) loss of anticipated savings; (h) loss of revenue;
v. For the avoidance of doubt, neither the types of loss and/or damage specified in sub-clauses 12.5 (a) through (j) inclusive above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms and Conditions and/or any order confirmation.
vi. For the avoidance of doubt, nothing in these Terms and Conditions and/or any order confirmation shall restrict and/or exclude in any way GBM liability for (a) death or personal injury resulting from the negligence of GBM, its officers and/or employees; and/or (b) fraudulent misrepresentation. The
Customer is liable for any loss, damage or injury to GBM staff or their property which may arise while working at the Customer location and is due to negligence or breach of statutory duty by the Customer. vii. GBM accepts no liability for the failure of any third party hardware, software and/or systems which may be the subject of any GBM services: this includes failure to meet its operating specification.
viii. No part of the training material may be reproduced, stored in a retrieval system, or transmitted in any form, or by any means, electronic, mechanical, photocopying, or otherwise, without prior permission in writing of GBM or the copyright owner.
ix. All Intellectual Property Rights for any product or service remain the property of GBM unless otherwise stated or agreed.
Disclaimer: The information contained in all GBM Training coursework & literature is distributed on an “As Is” basis, without warranty. While every precaution has been taken in the preparation of the training courses and associated literature, neither the author nor GBM shall have any liability to any person or entity with respect to any loss or damage caused or alleged to be caused directly or indirectly by the instructions contained in the coursework or by the computer software and hardware products described.