Seller & Buyer Terms and Conditions
TERMS & CONDITIONS
1. Access to Website
GearSource Europe Ltd makes information on its products and or services available on this website subject to the following terms and conditions. By accessing this site, you agree to these terms and conditions. GearSource Europe Ltd reserves the right to change these terms and conditions, and the products, services, and prices mentioned in this site at any time, at its sole discretion, without notice. GearSource Europe Ltd reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved. Before registering to use this site, entering into an order to purchase products or otherwise posting any information, please read this agreement carefully.
2. Copyright
The information on this website is protected by copyright. Except as specifically permitted, no portion of this website may be distributed or reproduced by any means, or in any form, without the prior written permission of GearSource Europe Ltd
3. Payment
ALL SALES ARE PRE-PAID. In most cases, you will be paying by bank transfer.If you do not wish to pay by this method, we may be able to accommodate another pre-payment option. Please call GearSource Europe Ltd +44 8701 909 839 for more information. In all cases GearSource Europe Ltd reserves the right to charge a £15 fee on all refunds. Please note that using a credit or debit card that you are not authorised to use is a criminal offence.
4. Price / Currency
All prices quoted are in euros,dollars or sterling. Use our simple converter to convert all of our prices to your currency, however, all payments will still be based on one of these currency’s at the time of purchase. The converter is simply for your convenience. Please be advised that all prices are subject to availability and change without further notice and in the sole discretion of GearSource Europe Ltd.
GearSource Europe Ltd has a minimum order policy and reserves the right to charge a small service charge on any order under that minimum order amount.
5. Value Added Tax
All purchases in the UK are subject to Value Added Tax at the prevailing rate.
6. Shipping
All shipping, insurance, duty and freight handling charges are the responsibility of the buyer and are not included in the purchase price. GearSource Europe Ltd will provide shipping costs, for your convenience, and will add those costs to your purchase price. In all cases, GearSource Europe Ltd will ask for insurance on shipments (unless told otherwise) but does not accept responsibility for the shipment. In the case of any damage or loss during shipment, it is the buyer's responsibility to notify the driver upon delivery, and file a claim directly with the shipping company. GearSource Europe Ltd will not accept any return of goods damaged during shipping. GearSource Europe Ltd cannot be held responsible for any delay in shipping or availability.
7. Changes in Policy
GearSource Europe Ltd reserves the right to change, in whole or in part, prices, discounts, product specifications, products offered, terms and conditions of sale and policies without notice. In addition, we cannot guarantee availability at the time you place your order. All sales are handled on a first come, first served basis.
8. Guarantee
In most cases, GearSource Europe Ltd will allow you to return an item for a refund within 7 days of the day of despatch. This allows time to ship and a day for you to inspect the item. This policy is to ensure that you receive what you expected to receive. In some cases, the vendor may list items with a description that does not match the item. We want to protect the buyer from buying something less than expected. To return an item, you must contact GearSource Europe Ltd within 7 days of your original purchase. At that time, if we approve the return, in our sole discretion, you will pack the item in its original shipping box or case, and return to the location we specify. All shipping costs are the responsibility of the buyer. Any damage or use of the item will be the sole responsibility of the buyer.
9. Limited Warranty; Disclaimer of Warranties; Limitation of Liabilities
Most products will carry GearSource Europe Ltd limited warranty that such products are free from defects in material and workmanship and will conform to published specifications, provided the products are used according to such specifications. GearSource Europe Ltd disclaims all warranties, express or implied, written or oral, including the implied warranties of merchantability and fitness for a particular purpose. In some cases, items are sold without warranty. Those items will be posted as such.
In no event shall GearSource Europe Ltd be liable to the buyer for any indirect, incidental, consequential, special and/or exemplary damages in connection with the products sold to the buyer via this site, regardless of whether such damages arise out of the negligence or other fault of GearSource Europe Ltd and regardless of whether such damages are based on tort, contract, strict liability or any other cause of action and whether such damage resulted from: (1) reliance on the materials presented; (2) loss of use, data or profits; (3) delays or business interruptions; and (4) any theory of liability arising out of or in connection with the use or performance of information whether or not GearSource Europe Ltd has been advised of the possibility of such damages. In the event of any claim by you, GearSource Europe Ltd shall be limited to replacement of the products that are the subject of such claim, or, if circumstances would cause this remedy to fail of its essential purpose, refund of the cost of such products to the buyer, in either event upon return of any such products. By purchasing products via this site, the buyer acknowledges that replacement or refund are the buyer's sole and exclusive remedies.
The documentation and/or related graphics published on this server could include technical inaccuracies, obsolete issues or typographical errors. GearSource Europe Ltd assumes no responsibility for errors or omissions in the information or other documents which are referenced by or linked to this website.
10. Cancellation
Any orders placed by a buyer via the site are binding upon the buyer when made. Any cancellation must be approved by GearSource Europe Ltd and may be subject to restocking and other charges.
11. Returned Cheques and Credit Cards
Cheques returned for insufficient funds are subject to a fifty pound (£50.00) administrative finance charge per incident. Cheques returned for stop payment are subject to a seventy-five pound (£75.00) administrative finance charge, plus a ten percent (10%) penalty fee on the total invoice amount per invoice. Additionally, a finance charge of one and one-half percent will be assessed until such debt is satisfied.
A charge of three percent (3%) handling fee may be assessed for credit card payments on invoices paid after the past due date listed on the invoice. Additionally, the buyer agrees not to dispute any credit card charge with the buyer's credit card company. Buyer's remedies for defective materials and/or workmanship are specifically limited to those set forth herein. In all cases, GearSource Europe Ltd reserves the right to charge a £15 fee on all refunds. Please note that using a credit card you are not authorized to use and/or credit card fraud are Criminal Offences.
12. Complete Agreement
The terms and conditions contained in this Agreement, and GearSource Europe Ltd standards terms and conditions of sale and price catalogues are incorporated herein by reference, and constitute the entire and exclusive agreement between the buyer and GearSource Europe Ltd Please click on the following links to review GearSource Europe Ltd current standard terms and conditions of sale and price catalogue.
13. No Third Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, and confer no rights, benefits or claims upon any person or entity not a party hereto.
14. Termination
GearSource Europe Ltd may discontinue, suspend or modify any presently available service or content on the site in whole or in part, at any time for any reason, without prior notice. Either the user GearSource Europe Ltd may limit, suspend, or terminate your use of the site with or without cause at any time and effective immediately. GearSource Europe Ltd shall not be liable to users or any third party for suspension or termination of your, or any third party use of the site. Users acknowledge and agree that any termination or limit on use of the site may be effected without prior notice, and acknowledge and agree that GearSource Europe Ltd may immediately remove, delete or discard any information or content that you have posted.
15. Compliance with Laws
Buyers shall at all times comply with any and all applicable laws, including, but not limited to any and all laws governing exports and any applicable international laws, in using the site.
16. Governing Law; Venue; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The venue for any legal proceedings arising from or connected with this Agreement shall be exclusively in Sunderland County Court, and no party shall have the right to challenge venue based upon forum non conveniens or otherwise. The parties expressly consent to the jurisdiction of the Sunderland County Court and the laws of England and Wales.
17. Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the remainder of this Agreement will not be affected thereby.
18. Legal Fees
In any legal proceedings arising from, under or in connection with this Agreement, the prevailing party shall be entitled to recover their reasonable legal fees and costs incurred in preparation for and in connection with all trial and appellate proceedings.
19. Miscellaneous
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of the Agreement shall remain in full force and effect. The section headings in this Agreement are for the convenience of the parties only and shall have no substantive meaning and shall not be used to construe or interpret any provision of this Agreement. Failure to insist on strict performance of any of the terms and conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by GearSource Europe Ltd of any right under this Agreement will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. All provisions of this Agreement related to indemnification, disclaimers and limitations on liability shall survive the termination of this Agreement.
GEAR-SOURCE VENDOR AGREEMENT
This Vendor Agreement made by and between GearSource Europe Ltd , whose business address is 1 Griffin Centre,Feltham,United Kingdom (hereinafter "Agent"), and Vendor.Both Agent and Vendor sometimes being referred to herein as "the Parties".
RECITALS:
A. Agent is in the business of providing its customers online sources for the sale of equipment used in the entertainment industry including but not limited to lighting, sound, staging, video and communications equipment; and
B. Vendor is desirous of selling equipment used in the entertainment industry including but not limited to lighting, sound, staging, video and communications equipment; and
C.The Parties wish to enter into an agreement setting forth the terms and conditions whereby Agent advertises and solicits customers on its website to purchase from Vendor its product line described in Paragraphs A and B above ("equipment").
NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations and warranties contained in this agreement, the parties agree as follows:
1. Recitals. The above recitals are true and correct and are hereby incorporated.
2. Transactions Covered. This Agreement shall apply to all transactions submitted by Vendor to Agent for the sale of the Equipment until such time as it is terminated or modified as set forth herein.
3. Listings.
a) All listings by Agent on behalf of Vendor shall be nonexclusive. Vendor shall have the right to list for sale any piece of equipment offered for sale by Vendor, without any fee or commission due to Agent. Vendor does agree not to offer for sale any piece of equipment to any production company or company who is in the business of reselling any equipment at a price below Agent's dealer sale price. Vendor further agrees not to list any equipment for sale with any other Agent or broker while the item is listed on Agent's website.
b) All listings by Agent on its website shall be at no charge to Vendor. Agent shall provide Vendor (three) 3 days written notice of any change in this term. All listings included on Agent's website prior to the receipt of notice of a written change will be listed at no charge to Vendor.
c) Vendor agrees to immediately notify Agent in writing as to the change in status of any listed item, including but not limited to the unavailability of any listed item.
d) Vendor covenants that it is the lawful owner of all equipment listed by Agent on Agent's website; that the equipment is free from all encumbrances; that Vendor has good right to sell the same and shall defend against the lawful claims and demands of persons whomsoever.
4. Sales Orders and Deposits. Vendor shall provide Agent with a list of prices on all equipment. In the event Vendor wishes to change any price, Vendor must do so by logging onto Vendor's administrative page at www.gearsourceeurope.com. Upon Agent's approval, new prices will be uploaded to Agent's website to take effect within 72 hours.
5. Direct Sales. Vendor agrees that in the course of negotiation and finalization of the sale of any piece or pieces of equipment, Vendor agrees not to contact the potential Buyer directly for the purpose of offering for sale any piece or pieces of equipment. Any breach of this covenant shall entitle Agent to the fee it otherwise would have received had Vendor not breached this covenant.
6. Payment to Vendor. Agent will pay Vendor ten percent (10%) below Agent's dealer price upon finalisation of the sale and upon Agent's receipt of confirmation of acceptance of all conditions by buyer. If any piece of equipment is not accepted by buyer, then Buyer will have the right to receive a full refund, less shipping costs, provided Buyer returns the item to Vendor, at Buyer's expense, within 14 days of original shipment. Upon receipt of the returned item by Vendor, Vendor agrees to return all monies paid by Agent to Vendor within 5 business days.
7. Sales Price.
a) The sales price that we will list your equipment for shall be based upon our dealer price. GearSource Europe.com has a minimum order amount of £500. All orders below that amount will be subject to a service charge.
b) At times, Agent will advise Vendor, based upon Agent's judgment and experience, that the price Vendor has set will be too low or high. In these circumstances, Agent will notify Vendor of its recommendation to modify the sales price for use as the Vendor sees fit.
c) Agent hereby reserves the right to prohibit certain pricing structures if they do not comply with Agent's pricing guidelines or the guidelines set by various manufacturers.
8. Indemnification. Agent's duty and responsibility is to solicit customers for Vendor's Equipment. Agent assumes no direct or indirect responsibility for quality, safety and accuracy. Vendor shall indemnify and hold Agent harmless from any and all expenses, injury and damage, including reasonable legal fees, which Agent may hereafter incur, pay or suffer, as a result of acts of Vendor, Vendor's principal, employees, agents and representatives. This indemnification and hold harmless provision shall include, but not be limited to any and all property damage and personal injury due to faulty or defective equipment or their installation.
9. Warranties and Representations. Vendor warrants that the equipment being sold is free from defects of material and workmanship for a period of ninety (90) days. Vendor hereby expressly warrants and represents that the Equipment to be delivered is the exact equipment being advertised by Vendor on agent's website and shall be in good working order. Unless otherwise specified by Vendor clicking "no warranty", then Vendor agrees that the equipment shall be delivered to customer free from defects of material and workmanship and shall perform to the specifications provided to Vendor and listed on Agent's website.
10. Costs of Delivery. Vendor and Agent hereby agree that all delivery costs shall be borne by the Buyer unless otherwise agreed between Vendor and Buyer. In no event shall any delivery costs be the responsibility of Agent.
11. Termination of Agreement. Either party may terminate this Agreement with 30 days written notice. Upon termination, the obligations of the parties hereunder with respect to transactions originating prior to termination of the Agreement shall survive such termination.
12. Assignment. This Agreement shall not be assigned by Vendor without the written consent of Agent, which consent shall be in Agent's sole and absolute discretion. Further, this Agreement shall not inure to the benefit of any successor in interest of Vendor.
13. Independent Contractor. Vendor is and shall act as an independent contractor to Agent and as such, shall have no authority to incur any obligations or liability on behalf of Agent, or to execute any documents or agreements on behalf of Agent.
14. Expenses of Vendor. Agent shall not be liable for any expenses incurred by Vendor in connection with any transaction submitted by Agent. All expenses and costs incurred with regards to each transaction shall be the sole responsibility of Vendor.
15. Notices. Any notice required to be in writing pursuant to this agreement shall be considered as properly given if personally delivered or if sent by certified mail duly addressed to Vendor. The postmark date shall be the date of any notice sent by registered or recorded mail.
16. Sole Agreement. This Agreement cancels and supercedes all prior agreements and understandings between the parties pertaining to the matters covered in this Agreement. There are no other agreements, written or oral, between the parties pertaining to the subject matter of this agreement.
17. Severability. In the event one or more provisions of this Agreement shall be declared or adjudged invalid or void by a court of competent jurisdiction, this Agreement, absent such provision(s), shall remain in full force and effect.
18. Governing Law and Venue. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of England and Wales.
19. Legal Fees. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's legal fees.
By clicking the AGREE button, you accept the terms and conditions of this agreement and shall be bound by them. If you do not agree to be bound by the terms and conditions of this agreement, you should not use this site.
