Terms and Conditions
Definitions
'Seller’ Gecko Trading Ltd.
'Buyer' the person, firm, company or other organization who buys or agrees to buy the goods from the Seller
'Goods' the items which the Buyer buys or agrees to buy from the Seller
'Conditions' the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Seller
'Contract' the contract for purchase and sale of the Goods under these Conditions
‘Order’ the purchase order containing details relating to the Goods and Contract
‘Force Majeure Event’ an event or circumstance beyond a party’s reasonable control
‘Website’ a reference to the website, http://www.geckotrading.com.hk which is run and operated by Seller and on which these Terms and Conditions are displayed
General
The Terms and Conditions detailed on this page apply to all orders and supersede all others previously published by Seller. Receipt of an acknowledgement of order by Buyer, constitutes Buyer’s acceptance that Seller’s conditions are the only conditions that apply to the contract unless agreed in writing by Seller. The Terms and Conditions may from time to time be updated and amended, and it is Buyer’s responsibility to read the Terms and Conditions on a regular basis.
Payment Terms
Payment is required before any order is processed unless credit facilities have been approved with Seller in advance of the order. Payment on pre-approved credit accounts shall be made in full within 30 days of invoice, unless Seller and Buyer have agreed special settlement terms in writing. Credit facilities may be withdrawn without notice.
Passing of title and risk
The risk of the goods shall pass to Buyer on delivery. All goods supplied remain the property of Seller until paid for in full. In the event of non-payment for goods, Seller will, without loss of any rights or remedy, be entitled to remove from Buyer’s possession those goods belonging to Seller.
Products
Seller reserves the right to alter any details or design of products illustrated without prior notice and while every effort is made to describe Seller’s goods accurately in literature, email, catalogues and on the website, no warranty is given as to accuracy and no responsibility will be accepted for error or mis-description and any resulting loss.
Buyer remains fully responsible for ensuring that all measurements, logos and/or graphics are correct and accurate. Seller shall in no way be responsible for any such errors or inaccuracies. By submitting Buyer’s order to Seller, Buyer undertakes to Seller that Buyer has the right or full permission to use any logos which are contained in Buyer’s order specification. Seller shall in no way be liable to any third party for Buyer’s unauthorised use of such logos or imagery and Buyer hereby fully indemnifies Seller against any such claim or liability.
Quotations and contracts
Orders are accepted subject to Seller’s right to adjust prices quoted to take account of any changes in the law or government regulations requiring Seller to increase prices by way of direct taxation, import duties, customs and excise duties or otherwise. The prices are based on today's current costs of production and in the event of any increase in wages or costs of materials to Seller occurring after the confirmation of accepted contract, Seller shall be entitled to charge such increases to Buyer. All quoted prices are valid at the time of quoting, subject to sight of artwork and stock availability. Error and omissions excluded.
Prices
Where applicable all prices are subject to VAT at the current rate. All prices quoted are for guideline only and subject to viewing of final artwork. Once artwork and full specifications have been finalized, price will be confirmed by email.
Delivery and lead times
Every effort will be made to deliver on time, but any delivery date or lead-time specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. All deliveries will be charged at the prevailing rates applying at the delivery dates.
Costs of delivery to non-UK addresses will be quoted upon request and confirmed in writing, these goods will only be dispatched upon receipt of written acceptance of the delivery costs. Special express deliveries can usually be arranged but will be subject to additional charges (e.g. rush print charges and rush delivery charges) which will be charged at current commercial rates.
Seller shall not be liable for any delay in delivery of the goods or performance of any services that is caused by a Force Majeure Event or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the goods or performance of services.
Lead times will be deemed to commence at the date that the Seller receives approval in writing of the artwork that has been supplied to the Buyer or customer.
Quantity variations
Seller shall be deemed to have fulfilled its contract by delivering a quantity within 10% plus or minus of the quantity of printed goods specified at time of ordering. This is due to the various manufacturing processes that are involved for the various products supplied by Seller. The goods will be charged for on a pro-rata basis for the quantity delivered.
Claims
Claims arising from damages, delay or partial or full loss in transit will only be considered if marked on the delivery note at the time of receipt. All complaints of unsatisfactory quality or quantity must be notified to Seller in writing within 7 days of receipt of the product otherwise the goods shall be deemed to comply as to quality and quantity with the terms of the contract. Buyer must examine all goods delivered at the time of delivery and confirm receipt. Seller shall not be liable for any loss or damage caused to the goods in transit unless loss or damage is noted at the time of delivery.
Buyer must notify Seller after delivery of any goods which Buyer believes do not comply with the Contract. Buyer agrees to give Seller a reasonable opportunity of examining such goods and agrees that Seller may at Seller’s option, replace any defective goods, or refund the price of the defective goods. Seller shall not be liable for goods' failure to comply with Contract where:
(1) the defect arises because buyer has failed to follow any oral or written instructions as to the storage of the goods or (if there are none) good trade practice regarding the same;
(2) the defect arises as a result of Buyer’s willful damage, negligence, or abnormal storage or working conditions by Buyer; or
(3) the defect arises as a result of Seller’s following any drawing, design or specification which Buyer has supplied to Seller.
Claims in respect of non-delivery must be made in writing to reach Seller within 7 days from receipt of Seller’s invoice.
Liability
Save in so far as defects in the goods cause death, injury or damage to personal property, Seller’s liability for any loss or damage suffered by buyer in respect of the goods shall be limited to the contract value of the goods. Seller can accept no responsibility for loss or damage arising from the supply of goods under this contract unless Buyer has fully complied with the notification of claims procedures set out above. Nothing in these terms and conditions shall affect the statutory right of a consumer.
Cancellation charges
Cancelled orders may be subject to a cancellation charge to cover costs incurred up to the date of written cancellation including materials, restocking, artwork, administration and carriage.
Overdue cheques
No goods will be delivered on accounts which remain unpaid 14 days after payment is due. Invoices not paid by the due date may be charged interest at 2% per month calculated on a daily basis until payment has been received and cleared into Seller’s bank account. This does not prevent Seller from pursuing payment of overdue accounts at any time after payment becomes due and shall be in addition to and without prejudice to any other rights Seller may have against Buyer.
Seller reserves the right to charge Buyer for any legal collection charges where it is necessary to obtain payment from Buyer of an overdue account through a third party or Court proceedings.
Artwork and printing
All artwork and printing charges will be levied where necessary unless previously stipulated by Seller.
In order to print efficiently from the artwork Buyer supplies, it maybe necessary to adjust or redraw Buyer’s artwork. Buyer will be advised of the changes made. No printing will take place until the Seller has received in writing Buyer’s "signed off" approval of the artwork. In order to sign off Buyer’s artwork, Seller will send Buyer an artwork approval form via email illustrating how Buyer’s artwork will look on Buyer’s chosen product.
The PDF visual must be checked thoroughly and signed off. The job will not commence until Seller receives written approval. Buyer must notify Seller of any discrepancy in the artwork or order as Seller DOES NOT accept any liability for any post-completion errors or omissions.
Colour variations
Due to the variety of materials and the imprinting processes utilized by Seller and its suppliers, no guarantee can be given to match exactly pantone numbers or colour samples provided by the Buyer. Seller will endeavour to match as closely as possible to these colour references but cannot be held liable for any further costs that may arise.
Small orders
Where a quantity, smaller than the minimum quantity shown, is required this is normally possible but usually carries a small order surcharge, please contact Seller for an exact quotation.
Force majeure
Seller will not be held responsible for failure or delay in the carrying out of Seller’s obligations under the contract arising out of any cause outside Seller’s reasonable control or by inability to procure materials or articles except at higher prices due to any such cause and in such circumstances Seller shall be entitled by notice to terminate the contract in whole or in part without incurring any liability to Buyer.
Illustrated logos
The Company names, logos and trademarks that are printed on products shown on Seller’s website and catalogues are reproduced only to demonstrate the effects achieved by the personalization methods and positions available. This does not necessarily imply that the products have been supplied to, or endorsed by the owners of the trademarks featured. These items are not available for resale with these specific logos on them.
Customs and overseas deliveries
For all Seller’s overseas deliveries, Seller only uses well known carriers including UPS, DHL and FedEx. Even though Seller does its best to include all custom charges there may be times that the country of origin will require the receiver to pay these charges for goods to be released. If Buyer is outside of the UK and place an order with Seller, Buyer is confirming that Buyer is aware there is a chance of extra fees and that Seller is not liable for these costs and any delay that may be caused due to this. Please note that Seller will always help its clients in resolving any customs issues to the best of its ability, however sometimes depending on the country this can only be resolved locally.
Copyright
All names and logos of Seller and the like cannot be used without prior consent from the Seller.
All materials, slogans and images on the website, quotations, sales order, design approval forms, mailers and other marketing materials are under the ownership of the Seller and cannot be used without prior consent.
