Gorilla Media Limited Terms & Conditions of Trade
In these terms & conditions of trade, the following expressions shall have the meanings hereby respectively assigned to them, except where the context otherwise applies:
The “Company” shall refer to Gorilla Media Limited.
The “Advertiser” means the person, company, corporation or organisation purchasing or renting the goods and services from Gorilla Media Limited.
“The “Representative’‘ shall be that person or company appointed or licensed by Gorilla Media Limited to be their representative(s) and who shall by virtue of an agreement with Gorilla Media Limited have the right to sign this agreement
The “Agency” refers to the appointed advertising agency, media buyer or public relations or creative consultant.
The “Goods” means the articles purchased or the services supplied.
The “Supplier” means the company supplying the goods to the order of Gorilla Media Limited.
The “Services” means other services, facilities or features supplied by the Company.
The “Order” means the order placed by the Purchaser for the supply of goods or services.
The “AdVan or AdBike” is the vehicle(s) available for rental periods from Gorilla Media Limited.
The “Display Material” is the printed or other visual matter, which is purchased by the Advertiser or their appointed Agency, which will be displayed on the AdVan.
The “Hire period” shall refer to that period of time for which the goods or other services is rented and shall be calculated on a daily basis or part thereof even when a single sum for a period of more than one day is quoted.
The “Price” means the sum specified in the quotation as payable to the Company or such other sum as may become payable by reason of variation to the quotation.
The “Location” is a place where it has been requested by the Advertiser, or their Agent, that the AdVan will be focusing upon during the rental.
GENERAL
1. Unless specifically agreed in writing, no variation to these conditions will apply.
2. By ordering goods or services from the Company, The Advertiser signifies their acceptance of these terms & conditions of trade, and these shall prevail unless the Company has agreed to the contrary in writing.
SUBSTITUTION
3. All goods and services are sold subject strictly to the availability to the Company or its suppliers of materials. *The Company reserves the right to substitute equivalent materials, components, and units other than those named in the proposal or confirmation order without notice.
ORDER
4. The Company reserves the right to accept or refuse the order. An order must be accompanied by sufficient information and materials to enable the Company to proceed with the order forthwith, otherwise the Company shall be entitled without notice to amend the quoted price to cover any additional cost or charges which have taken place after acceptance.
DISPLAY MATERIAL
5. A fee shall be charged for all designs, samples, or proofs. Author’s corrections and extra samples or proofs necessitated thereby will be charged extra. In the event that the purchaser accepts a sample or proof; no responsibility will be accepted for errors in the proof, which were not corrected by the Advertiser.
6. The display shall upon payment become the property of The Advertiser, which will be retained for multiple use for 30-days after the last display. After that period of 30-days Gorilla Media Limited reserves the right to dispose of the display. Alternatively, Gorilla Media will store the banners for a monthly fee of £10 plus vat.
7. Artwork supplied by the Advertiser will be provided in adequate time for the Company to make organise production of the banners and positioning on the AdVan. In the case of vinyl banners this will be no later than 7 days prior to the hire period. Digital Display graphic files need to be supplied 3-working days before the hire period. Artwork and graphic files supplied latter than this period may attract additional charges for transportation and installation and is undertaken on a ‘best endeavour’ basis but may delay the commencement of the campaign.
PRICE VARIATIONS
8. All goods are sold at the prices ruling at the date of confirmation, which may vary from those originally quoted, unless the order is made within 30 days of the quote.
LOCATION
9. Unless specifically agreed otherwise in writing, the Rental will take place in a general location agreed between the Advertiser and the Company. If the Advertiser specifies a location integral to the fulfilment of the contract; it is the responsibility of the Advertiser to get all permits, licenses or other agreements required for the rental to take place at a specified location. The Rental will not include locations that are likely to cause confrontation with direct competitors, adversaries, event organisers or private landowners.
10. Where the AdVan, AdBike or employees of the Company are under the control or direction of the advertiser or their Agent and the AdVan or AdBike and display material are placed in such a Location that the AdVan or AdBike gets damaged or incur fines, fixed penalties, or any other expenses for repair or replacement, these costs shall be the responsibility of the Advertiser.
11. The AdVan or AdBike driver/operator will without exception adhere to local traffic regulations and will follow the instruction of police and local authority officials and authorised security personnel at all times therefore specific locations and timings do not form the basis of this contract.
PAYMENT
12. Unless otherwise agreed, payment is strictly on a pro-forma basis made 7-days in advance date of the hire period or upon confirmation of order. Prices exclude VAT, which will be charged at the prevailing rate.
OPERATIONAL TIMES
13. AdBike and AdVan operates will be afforded a 30-minute lunch break and 2 x 15 minutes rest brakes across the 8-hour operational day, along with comfort breaks as and when required.
CANCELLATION IN PART OR IN WHOLE
14. Gorilla Media Limited or their representatives reserve the right to take a decision due to inclement weather conditions, or other factors, to abandon postpone or cancel the Hire period. In such an event, Gorilla Media Limited shall attempt to relocate or reschedule the display in such a way as to be of similar value to the Advertiser as the original location, in which case no compensation shall be payable. Compensation will not be payable unless 70% of the agreed display time has been lost on a specific day, in which case the Advertiser will be given credit for a days display in the future, or a cash refund of 60% of that hire payable for the days display. Cancellation on behalf of the Advertiser must be received in writing 28-days before the commencement of the hire period otherwise payment will be due in full.
ILLEGAL OR IMPROPER MATTER
15. The company shall not be required to produce or display material, which in the opinion of the directors is of an illegal/libellous or of an inflammatory nature likely to cause distress, offense or exposes our personnel and equipment to a confrontational situation. The Company shall be indemnified by the Advertiser in respect of any claims, costs or expenses arising out of any libellous material printed or displayed for the Advertiser or any infringement of copyright, trademark, patent, or design.
POST CAMPAIGN PUBLICITY
16. The Advertiser agrees to imagery of advertising vehicle displaying their banners, along with their brand name and logo to be used by Gorilla Media for publicity purposes on web sites, social media, or issued as a press release.
SECURITY
17. If the display is required to remain stationary at an event, then The “Advertiser” is required suitable security procedures and personnel to ensure that members of the public do not interfere with the operation of the display, the vehicle and personnel of The Company.
LEGAL CONSTRUCTION
18. The contract shall in all its respects be construed and operated as an English contract in accordance with English law.