“Goods” and “Services” means any goods and/or services provided by Gecko Merchandise as ordered by the Client.
“Company” “We” and “Our” means Gecko Merchandise Ltd.
“Client” means the person, firm or company placing an order with Gecko Merchandise.
These terms and conditions apply to any provision of Goods or Services by the Company to the Client.
FORMATION OF CONTRACT
All Goods or Services sold by the Company are sold subject to the Company’s standard terms and conditions (as
detailed below) which form part of the Client’s contract with the Company. Terms and conditions on the Client’s
order form or other similar document shall not be binding on the Company.
The prices, quantities and delivery time stated in any quotation are not binding on the Company. They are
commercial estimates only, which the Company will make all reasonable efforts to achieve and will be subject to
consultation with the Client in the event of any changes.
Orders will be deemed to have been placed when:
* An email confirmation of order has been received from the Client.
* An official order form has been received from the Client.
Orders for goods and/or services will only be progressed once payment terms have been met as outlined in
RIGHT TO SUB CONTRACT
Unless otherwise agreed the Company shall be entitled to sub-contract all or any part of the work required to procure
goods for supply or provide requested services to the client.
The Company will use its best endeavours to supply the goods and/or services within the quoted time period.
However due to any number of unforeseen circumstances the Company cannot be held liable for any impact on the
Client for late delivery of said goods and/or services.
LIABILITY OF LOSS OR DAMAGE
The liability of loss or damage of Goods shall be the responsibility of the Company up until confirmation that the
Goods have been delivered to a local shipping port or terminal whether it be sea or air freight.
The liability of loss or damage of Goods shall pass to the Client upon confirmation of delivery of goods to our local
shipping terminal whether it be sea or air freight.
Unless otherwise stated all amounts quoted and invoiced are in U.S. dollars and subject to current local
Payment for manufacture & supply of goods is as follows:
* 50% deposit with confirmation of order.
* Total of balance to be paid on completion and approval of goods before shipping.
* Payment for services to be paid upon completion of works.
Before payment of services a preliminary report of works will be released outlining basic status and
conditions to the satisfaction of the client including:
* Limited report describing status of works and/or products
* Low resolution images and videos.
After payment a full report will be released outlining services including but not limited to:
* Full detailed report describing in detail all aspects of services requested by the client
* High resolution images & videos
Payment for services does not include expenses for travel, accommodation, acquisition of required specialized
equipment for works or testing.
Payment for expenses (as described above.) excluding services to be paid before
commencement of works.
In the event of late outstanding payments the Company reserves the right to charge added administration fees
relating to follow up and inquiry of late outstanding payments.
New Clients or Clients out of terms may be expected to pay in advance for our services.
If any amount of an invoice is disputed then the Client shall inform the Company of the grounds for such dispute
within seven days of delivery of the goods or services. The Client shall pay to the Company the value of the invoice
less the disputed amount in accordance with these payment terms. Once settlement of the dispute has been agreed,
any sum then outstanding shall also be payable in accordance with these payment terms.
The Company reserves the right to increase a quoted amount in the event that the Client requests a variation to
the work initially agreed.
Cancellation of an Order by the Client will only be accepted on condition that any costs, charges and expenses
already incurred, including any charges that will be levied by a sub-contractor on account of their expenses, work or
cancellation conditions will be reimbursed to the Company forthwith. This includes but is not limited to the
forfeiture of any deposits already paid and dependent on the level of progress of said Order.
SHIPPING & DELIVERY
The Company will provide transport and delivery of goods FOB (Free On Board) to the closest or most
convenient port or terminal for shipment.
The Company can provide shipping services of goods CIF (Cost, Insurance & Freight) at the request and
expense of the Client.
The Company will be entitled to charge the Client for any expenses relating to transport and delivery other than
normal transport and delivery deemed FOB (as stated above).
NOTICE & CORRESPONDENCE
All notices & correspondence sent or given to the Client shall be sent or delivered to the client’s principle place of
business via email or post and shall be treated as having been received if no notice of failure of delivery is received
by us or postal delivery receipt has been reported.
LOSS OR DAMAGE TO SUPPLIES
The Company will take all reasonable steps to ensure the protection from loss, damage or destruction of the services
or goods it supplies to the Client or which may be received from the Client.
USAGE OF GOODS OR SERVICES
The Client shall bear sole responsibility for ensuring that all goods or information contained within any service
reports as provided by Gecko Merchandise is in accordance with, and does not contravene any local laws,
regulations, standards or other trade customs and practices. The Company bears no liability for any omissions or
faults in these respects.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material
relating to the other or the other’s business which comes into that party’s possession and shall not use such
information and material without written permission by the other party. This provision shall not, however, apply to
information or material which is, or becomes, public knowledge by means other than by breach by a party to this
The Company warrants that any Goods or Services will be supplied using all reasonable care and skill. The
Company warrants to the best of its knowledge that any Goods or Service reports supplied are error-free, accurate
and complete at the time of shipment or supply. In the event that any goods or Service reports are found to be faulty,
inaccurate or incomplete upon arrival we will endeavour the work with the Client to resolve the issue.
LIMITATION OF LIABILITY
The Company shall not be liable for any claim arising out of the performance, non-performance, or unknown
defect of any Goods that have previously been approved based on samples supplied.
The Company shall not be liable for any claim arising out of any special, indirect, economic or consequential
loss or damage howsoever arising or caused including but not limited to loss of profit or loss of revenue whether
from negligence or otherwise in connection with the supply, function or use of any Goods.
The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use
of the Goods.
It is the sole responsibility of the Client to ensure that any Goods or samples supplied by the company meet all
expectations and requirements for their intended use on approval of supplied samples before mass production.