1. THESE CONDITIONS
1.1. In these Terms and Conditions Get Visual means Get Visual Ltd., the words “the Customer” mean the person, firm or company purchasing or agreeing to purchase goods or services from Get Visual and the words “the Goods” shall mean all equipment, spare parts, other goods, repairs and services provided to the Customer by Get Visual.
1.2. The making of an order by the Customer for the Goods or services supplied by Get Visual shall be deemed to be acceptance by the Customer of these Terms and Conditions.
2. THE GOODS
Unless otherwise expressly agreed, goods supplied will be in accordance with manufacturer’s normal specifications current at the date of delivery and the supply by Get Visual of goods differing from any contractual specifications or descriptions shall not be a breach of the agreement between Get Visual and the Customer insofar as the Goods are of approximately equivalent performance to the Goods referred to in such specifications or descriptions.
Hirers are responsible for loss and damage to goods on hire, however caused and are therefore advised to arrange suitable insurance or resquest one at additional cost. Get Visual accepts no liability for late or non-delivery of equipment due to unforeseen circumstances, nor liability for failure of equipment leading to loss of earnings, software or damage to hirers own equipment or property tangible or not. Late returns are subject to an extra charge per day. Should hired equipment be lost, stolen, or damaged beyond repair, the full replacement value of the goods will be sought.
All software, schematic diagrams, drawings and designs created by Get Visual are the copyright of Get Visual unless otherwise agreed in writing.
5. DELIVERY, INSTALLATION AND RISK
5.1. The agreed dates for installation or delivery are estimates only and a failure by Get Visual to comply with them shall not be a breach of these conditions.
5.2. The Goods shall be at the Customer’s risk at the time of delivery or installation or transfer of title, whichever is earliest.
5.3. Where the Goods are installed by Get Visual, it is the Customer’s responsibility to obtain, make available and pay all licenses, permits, mains electric supply, conduits, sockets and such like as are necessary for the installation of the Goods by the agreed date for the commencement of the installation and to provide all the necessary access, security, information and cooperation to enable the installation to proceed from that date.
5.4. The Customer is required to inspect the Goods on receipt and to notify Get Visual of any defects or complaints within 3 days.
5.5. If any payment due to Get Visual is overdue or if the Customer ceases to trade or enters into any arrangement with its creditors or has a Receiver or Administrative Receiver appointed or a resolution passed for the winding up of the Customer, the Customer shall be deemed to have repudiated any agreements it may then have with Get Visual, who shall be entitled without prejudice to any other rights or remedies available to it to stop any goods in transit and to cancel any further deliveries.
5.6. All training sold must be delivered to the customer within 6 months of the purchase date or is forfeited. In the case of over video training, the customer is responsible for placing the video call to the training site. If any international video calls need to be initiated by Get Visual the client will incur ISDN call charges based on standard BT charge rates.
6. PROPERTY IN THE GOODS
6.1. Notwithstanding the risk in the Goods passed to the Customer in accordance with clause 3 the Goods shall remain the sole and absolute property of Get Visual until payment is received in full.
6.2. Get Visual may for the purpose of recovering its goods enter upon any premises where they are stored or where they are reasonably thought to be stored and may repossess them.
7. PRICE AND PAYMENT
7.1. Unless otherwise expressly agreed the price is payable within 28 days of the date of invoice.
7.2. Get Visual reserves the right to claim interest, compensation and reasonable costs under the Late Payment of Commercial Debts (Interest) Act 1998 and it is agreed that the term implied by that Act shall apply after any judgment as well as before. Any reference to the Late Payment of Commercial Debts (Interest) Act 1998 is also a reference to any amendment, modification or re-enactment of it.
7.3. Projects will be invoiced 50% on order, 30% on delivery and 20% on completion. Equipment supply will be paid 100% upfront or 50% deposit as per agreed terms. Due to administration and logistic costs, deposits are non-refundable.
8. CANCELLATIONS AND DELAYS
8.1. Goods cancelled by the Customer will result in the Customer being liable for the full charge of the invoice value of the cancelled Goods.
8.2. Services delayed by the Customer less than ten working days prior to commencement will result in the Customer being liable for an additional labour charge according to the following scale:
More than 10 working days’ notice no charge
More than 5 working days’ notice 25% of invoice value
3-5 working days’ notice 50% of invoice value
Less than 3 working days’ notice 100% of invoice value
On day of delivery 100% of invoice value plus travel/accommodation costs
9. WARRANTY AND LIABILITY OF GET VISUAL
9.1. Get Visual undertakes to remedy free of charge by repair or replacement any defects in the Goods covered under the manufacturer’s guarantee provided that the Customer notifies Get Visual promptly of such a defect and where the Customer arranges for the prompt return to Get Visual of the defective goods at the Customer’s risk and expense.
9.2. Get Visual shall not be liable for any financial consequential or indirect loss suffered by the Customer or any third party whether such loss arises from breach of a duty in contract or tort or in any other way.
9.3. To be valid, any claim against Get Visual whether in contract or not must be brought within one year of the date of invoice and any such claim shall be limited to an amount by way of liquidated damages equal to the invoice value of the Goods in respect of which the claim is made.
10. FORCE MAJEURE
Get Visual shall not be liable to the Customer for any failure to perform its obligations due to any circumstances beyond its control.
If the Customer shall be in breach of any of these conditions, then failure by Get Visual to require the Customer to rectify the same shall not create any assumption that such a breach has been waived by Get Visual.
All demands and notices shall be in writing and addressed to Get Visual at its address shown in invoices delivered by it and to the Customer at the address given by it for delivery of invoices and shall be deemed to be duly given 48 hours after being posted by first class post or if delivered by hand at the time of delivery.
13. LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with English law.