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 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, AdBike or AdTrailer” 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 attached to 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 parked during the rental.
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.
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.
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.
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.
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 later 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.
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.
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 fulfillment 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 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 at all times.
12. Unless otherwise agreed, payment is strictly on a pro-forma basis made 7-days in advance date of the hire period. Prices exclude VAT, which will be charged at the prevailing rate.
CANCELLATION IN PART OR IN WHOLE
13. 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
14. 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 or is likely to cause distress or offense. 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
15. 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 websites, social media, or issued as a press release.
COVID REGULATIONS AND GUIDANCE
16. To preserve a Covid safe workplace for employees and for the protection of our clients, and members of the public, social distancing measures, and government guidelines must always be observed. Operation personnel will be issued with relevant PPE which must be worn as advised. Communication with the driver should where possible be undertaken by mobile phone on the number provided. Unfortunately, no passengers will be allowed to accompany the driver in the AdVan cab.
17. The AdVan/AdBike operators will adhere to COVID regulation and guidance as they apply locally and will not partake in gatherings or protests that contravene these rules.
18. The contract shall in all its respects be construed and operated as an English contract in accordance with English law.