Terms and Conditions of Trading

Definition and Effect of Conditions

The company means GTPC.
These Conditions shall apply to and be incorporated into every agreement between GTPC and any person, firm or company (‘the customer’) under which the company agrees to supply goods or services at the request of the customer.
These conditions shall supersede all earlier conditions of the company.These conditions shall take precedence over any conditions of the customer and shall not be varied without the written consent of a Director of the company, but shall not alter the customer’s rights as a consumer where applicable.
References to ‘goods’ shall include where applicable the supply of any services to be supplied by the Company to the Customer,whether supplied by the company itself or by its authorised agents or representatives.
‘Agreement’ means this agreement between the Company and the Customer for the sale of goods and/or the supply of services.

Title to Goods

Title to any goods supplied by the company to the customer shall only pass to the customer after full and final payment has been received by the company.
In such circumstances where the customer receives goods from the company prior to full and final payment having been cleared into the company’s bank account in exchange for them, the customer shall be responsible for the safe keeping and insurance of the company’s goods.

Delivery

Any delivery date quoted by the company in any manner and at any time shall be an estimate only, and in regard to any such date time shall not be of the essence of the contract.
Delivery of the goods to the customer’s address or any other place stipulated by the customer that is satisfactory to the company or its agents or representatives shall constitute delivery, and the risk therein shall pass upon such delivery to the customer.
In circumstances where the company makes delivery by instalments, these terms and conditions shall apply to each instalment delivery.

Force Majeure

The company will not be deemed to be in breach of any of its obligations under the agreement or otherwise be liable to the customer in the event of: Any delay in performing or any failure to perform, where the cause of failure or delay is due to circumstances that are beyond the company’s control (including, without limitation) breakdown of plant or machinery, strike or industrial dispute, shortage of materials or failure of or delay in receiving supplies, act of war (whether declared or not), act of God, or any law or regulation of any government or any local or municipal authority. If any such event continues for more than 28 days the company shall be permitted to terminate the agreement forthwith by written notice to the customer without prejudice to the accrued rights of either part.

Price

Unless otherwise stated, any prices quoted by the company shall be:
1. considered to be exclusive of value added tax and any other taxes unknown at the time of quotation.
2. (unless otherwise stated) exclusive of carriage, and where applicable packing and/or insurance.
3. The company will make every effort to ensure that estimated prices are as close to the final price as possible, but cannot rule out changes to estimated prices.

Payment

The price is payable on demand but in any case must not be paid later than 30 days from date of invoice.
The company reserve the right to suspend deliveries where payment is not received in accordance with paragraph (1) above or in accordance with any alternative terms of payment agreed in writing between a responsible officer of the company and the client.
Where payment is not made in accordance with the terms of paragraph (1) above, the customer shall pay interest on any unpaid amounts at the due date calculated at 3% above Natwest Bank Plc’s base rate for the time being in force calculated on a daily basis.
No cash or other discount is allowed unless agreed in writing by a responsible officer of the company.
If the company is able to deliver some items comprising the goods the subject to this agreement but unable to deliver all items due to circumstances beyond the company’s control (including but not limited to the examples referred to in ‘Force Majeure’ above ) the customer shall pay for such items that have been delivered.

Loss or damage in transit

The company will not be responsible for damage to any of the goods, or loss of the goods or part thereof in transit, or for any discrepancy between the goods delivered and the contracted goods to the company, unless the customer gives immediate notice of a claim via telephone, e-mail or FAX, to the company and to the carrier (where appropriate) immediately the goods are received or the loss discovered. Where such notification is verbal, the customer shall immediately confirm the claim in writing.
If applicable the customer will be asked to complete and submit the company’s Discrepancy Log form, from which an investigation into the alleged loss, discrepancy or damage can be undertaken.
The customer must make a note of obvious damage to packaging, or if, for example, there is unexpected rattling of goods within packaging, upon the carrier’s delivery manifest (delivery note or other document) when signing to acknowledge and confirm receipt of a consignment from the company. It is the customer’s responsibility to examine the packaging carefully upon receipt as later claims for damage in transit may be invalidated where the customer has not written a proviso on the carrier’s deliver manifest thus indicating that the goods have been received in other than good condition.

Guarantee

If within 12 calendar months of delivery any defect should be discovered in the goods which is directly due to faulty materials or workmanship, the company will at its option remedy the defect or damage by replacement or repair. Or, the company may issue the customer with a credit note to be utilised first against existing indebtedness, and then any future purchases within two months of the credit note date. The terms of this clause shall not affect the customer’s rights under consumer law where applicable.
The guarantee herein described will be subject to the following conditions:
1. It will not apply to defect or damage resulting from any alteration or modification to the goods made without the company’s prior written consent, or because of: incorrect storage, normal wear and tear, overloading, misuse, or abnormal conditions of use.
2. It will not apply to defect or damage resulting from incorrect installation, or as a consequence of maintenance or repair by any third party not previously authorised or instructed by the company in writing, or which is in an way a variance to the manufacturer’s instructions, or by act of omission on the part of the customer or any third party, or as a consequence of a fault in other goods or equipment.
3. The customer must complete and submit the company’s Returns Material Authorisation form in relation to any defect or damage. If it appears to the company, from the information submitted on the RMA form, that such defect or damage might be covered by the guarantee then a RMA number will be issued confirming that the goods in question may be returned so that the company may themselves inspect them. RMA numbers issued by the company are valid for 10 days from the date of issue. After this 10 day period the RMA log is closed and a new RMA number must be obtained by the customer.
4. Allegedly defective or damaged goods must be returned to the company carriage paid to the address given on the RMA form, together with their original packaging and all related manuals and accessories. The customer is responsible for ensuring that the goods/parcels containing goods that are the result of a claim are packaged in an adequate and appropriate fashion and clearly labelled with the relevant RMA number. Failure to do so may result in the products/parcels being refused at our Warehouse.
5. The guarantee will also apply to goods replaced or repaired under the guarantee for the balance of the original guarantee period without extension.
6. Unless the company otherwise decides, a credit note for use in accordance with paragraph (A) above will only be given if the customer notifies the company of the alleged defect, damage or discrepancy, within 3 days of the customer’s receipt of the goods.

Support Contracts

All support calls will be logged onto a Field Incident Report (FIR).
If an attendance call: Once GTPC engineer if on site, a start time is agreed with the site contact. Contract fee’s cover engineer’s time to diagnose problem and a resolution. IF hardware is found to be at fault, this is NOT covered under the standard GTPC contract. The repair has to be agreed with the on site contact, once done, the hardware that has to be purchased to repair faulty item(s) will be invoiced for separately.
If a non-attendance call: This can be a telephone call to help diagnose a fault over the telephone, or access via Symantec PCAnywhere 10.5 (or higher), which needs to be installed onto the ‘host’ computer, (this needs to be able to boot into Windows© and be configured for GTPC engineer access). When a suitable slot has been arranged, a start time will be agreed with the site contact. If a non-attendance call fails to fix the documented problem, and an attendance call is required, both calls will be chargeable.
Contracts are based on an agreed included time. This is laid out in the support contract which is drawn up and signed by GTPC and the company who will receive the support. Travelling time is counted as agreed included time.
Call-out charges or contract time ARE applicable if:
1. GTPC attend site and the problem has been resolved locally.
2. GTPC attend site and the stated problem cannot be found.
Any support calls made outside of the contracted agreement, will incur a 100% loading, (I.E. count as double time). This will be reflected in all Field Incident Paperwork.