Effective for each offer letter dated from 1st March 2010
26th November 2013 – Revised 8(g), 11(c), 12(g) and 12(h)
18th April 2014 – Revised 7(c), 8(g), 11(c), 12(i) and 12(j)
20th April 2014 – Revised 7(c), 8(g), 11(c), 12(i), 12(j) and 12(k)
22nd August 2016 – Revised 1(a), 6(a), 9(b), 12(a), 12(K) and 12(i)
25th August 2016 – General editing
20th April 2017 – General review
3rd January 2018 – Review for pending update following 700MHz Transmitter work
These T&Cs were last revised 19th June 2018 and last reviewed 19th January 2024
1. DEFINITIONS
(a) ‘GTech Surveys Limited’, being the Vendor of the goods which are the subject of the Agreement, as detailed in the offer letter. GTech Surveys Limited is also referred to as ‘the Company’ and as ‘GTech Surveys Ltd’.
(b) ‘the Product’, all the items and services ordered by the Purchaser, as detailed in the offer letter.
(c) ‘the Project’, as detailed in the offer letter.
(d) ‘the Project Site’, as detailed in the offer letter.
(e) ‘the Price’, the total price as agreed and documented between GTech Surveys Limited and the Purchaser subject to the terms of paragraph 2 below and as detailed in the offer letter.
(f) ‘the Purchaser’, as detailed in the offer letter.
2. PAYMENT
(a) The Purchaser will pay the Price for the Product. Except where agreed to the contrary and documented in writing by GTech Surveys Ltd payment is due within 30 days from date of GTech Surveys Ltd invoice.
(b) The prices quoted by GTech Surveys Ltd take into account freight rates, currency change rates, import and other duties and taxes of whatsoever kind (other than VAT) seen by GTech Surveys Ltd as applicable at the date of this Agreement. In the event of changes beyond the control of GTech Surveys Ltd, in such rates and taxes payable or collectable by GTech Surveys Ltd, the Price shall be adjusted accordingly.
(c) The prices quoted by GTech Surveys Ltd are exclusive of VAT. VAT shall be charged at the prescribed rate at the date of invoicing. The Purchaser shall pay the VAT to GTech Surveys Ltd as if it were part of the Price and all requirements and other provisions concerning payment of the Price shall apply accordingly.
(d) The prices quoted by GTech Surveys Ltd do not include either delivery of the Product to the Purchaser or special handling or any special packaging requested by the Purchaser. If requested by the Purchaser, these services may be provided at GTech Surveys Ltd discretion and shall be charged at the prevailing rates at the time of such delivery, special handling or special packaging. The Purchaser shall pay such charges to GTech Surveys Ltd as if they were part of the price and all other provisions concerning the payment of the Price shall apply accordingly.
(e) GTech Surveys Ltd shall be entitled to interest on monies outstanding more than thirty days from the invoice date at a rate of 5.5% per month from the date of the invoice to the date of the final payment.
(f) GTech Surveys Ltd will be entitled to an additional 50% of the Price if monies remain outstanding more than 100 days from the invoice’s due date.
3. CANCELLATION
If for any reason, the Purchaser cancels any order (or portion thereof) for the Product, a charge will be made by GTech Surveys Ltd so as to reimburse GTech Surveys Ltd for any direct losses (excluding loss of profit) and/or additional costs (administrative or otherwise) resulting therefrom. This charge will normally be 40% of the Price, but may be higher in the event of additional directly incurred losses to GTech Surveys Ltd.
4. SALE OR RETURN
All sale or return agreements will be confirmed in writing prior to delivery of the goods. The maximum length of a Sale or Return period shall be no longer than 10 days from despatch from GTech Surveys Ltd. Should goods be returned after 10 days, the full invoice amount will be payable. Where a Sale or Return agreement has been entered into and goods are returned by the Purchaser or whatever reason, GTech Surveys Ltd reserves the right to make a charge for any damage incurred to the Product during the Sale or Return period.
5. DELIVERY
GTech Surveys Ltd shall use all reasonable endeavours to provide the Product ready for the Purchaser no later than the date specified in the offer letter or purchase order (hereinafter called the ‘Delivery Date’), but any such Delivery Date is to be treated as an estimate only, not involving GTech Surveys Ltd in any liability for any liability for failure to deliver on such date.
6. TITLE AND RISK
(a) Until payment of the Price in full has been received by GTech Surveys Ltd, title to the goods shall remain vested by GTech Surveys Ltd.
(b) Failure to pay any part of the Price in full shall give GTech Surveys Ltd the right to take possession of the Product (including the right of GTech Surveys Ltd to enter in or upon the Purchaser’s premises and take possession of the Product) upon reasonable written notice and without liability.
(c) Not withstanding that title in the Product has not passed the risk of loss or damage shall be the Purchaser’s as from the Delivery date.
7. RELIANCE and ASSIGNMENT
(a) Software, manuals and technical literature supplied with the Product may not be reproduced (except in so far as this is essential for operation of the Product purchased), assigned, sublicensed or otherwise transferred by the Purchaser.
(b) The benefit of this agreement may be assigned by the Purchaser:
i. On two occasions with GTech Surveys Ltd’s consent (such consent not to be unreasonably withheld); and
ii. To any party providing funding to the Purchaser for the Project at any time without GTech Surveys Ltd’s consent provided always that;
a. The Purchaser shall notify GTech Surveys Ltd of the name and address of such funder on or prior to the assignment and
b. The assignment in favour of any such funder shall not count toward the two assignments referred to at clause 7(b) i.
(c) GTech Surveys Ltd does not grant to the Purchaser a perpetual, irrevocable, royalty-free, non-exclusive licence to use, copy, modify and adapt the Product OR sub-license the right to use, copy, modify and adapt the Product to any third parties engaged by or on behalf of the Purchaser in the Project.
8. LIABILITY
(a) GTech Surveys Ltd shall have no liability (other than imposed by the Unfair Contract Terms Act 1977), for direct injury, loss or damage whatsoever, if the cause thereof lies beyond the control of GTech Surveys Ltd and GTech Surveys Ltd shall have no liability whatsoever in respect of any consequential injury, loss or damage, including any injury, loss or damage arising from any malfunctioning of, or defect in, or failure of any of the Product, or any loss of the use of any item of Product.
(b) No representations shall be taken to have been given or implied, from anything said or written, prior to the making of the order, including anything said or written in negotiations between the parties hereto, or their authorised representatives, but nevertheless if any representation shall subsequently be found, or deemed to have been given, it is hereby expressly excluded or restricted to the extent permitted by the Misrepresentation Act 1957 as amended by the said Unfair Contract Terms Act of 1977.
(c) No agent, employee, contractor, or representative of the Company has any authority to bind the Company to any affirmation, representation, condition or warranty concerning the Product sold, unless such affirmation, representation, condition or warranty is specifically included within the Agreement or is given in writing by a Director of GTech Surveys Ltd when acting for and on behalf of the Company in waiving, amending, or supplementing this Agreement in accordance with clause 11(c).
(d) Liability of GTech Surveys Ltd relating to the Product will be limited to rectification of any errors or omissions by GTech Surveys Ltd. Liability will under no circumstances exceed the Price.
(e) With respect to wind energy projects (a wind turbine, wind turbines or a wind farm) and their associated Products, due to the complex nature of wind turbine interaction with DTT (Freeview) and radio broadcast services, although best practice will be applied to understanding the potential television and radio reception impacts arising from a wind energy scheme, GTech Surveys Ltd cannot be held accountable in anyway whatsoever if unpredicted television or radio interference occurs at any time or at any location in or outside the study area.
(f) With respect to construction projects and their associated Products, due to the complex nature of building and tower crane interaction with DTT (Freeview) and radio broadcast services, although best practice will be applied to understanding the potential television and radio reception impacts arising from a scheme, GTech Surveys Ltd cannot be held accountable in anyway whatsoever if unpredicted television or radio interference occurs at any time or at any location in or outside the study area.
(g) With respect to any liability, clauses 12(d), 12(e), 12(f), 12(g), 12(h), 12(i), 12(j) and 12(k) apply.
9. WARRANTY
(a) GTech Surveys Ltd shall ensure that the Purchaser receives the benefit of all guarantees and warranties, which have been given to GTech Surveys Ltd by the manufacturer or supplier. The Purchaser is recommended to study such warranty and ensure that any conditions are fully complied with.
(b) In cases where no guarantee or warranty is offered by the manufacturer or supplier, or any act of GTech Surveys Ltd has invalidated such guarantee or warranty, if the Purchaser shall discover within 28 days from the date of delivery that the Product supplied by GTech Surveys Ltd was defective, GTech Surveys Ltd will replace or repair the Product proved to be defective, provided that the Product shall be brought back to GTech Surveys Ltd premises at the expense of the Purchaser.
10. FORCE MAJEURE
Neither GTech Surveys Ltd nor the Purchaser shall be under any liability for any delay in, or failure, to perform all, or any part of its obligations hereunder, such delay or failure shall be due to Acts of God, strikes, lockouts, labour disturbances, civil disturbances, statute order, or any regulation of any Government, public, local or other Authority, and without prejudice to the generality of the foregoing, any other causes beyond the reasonable control of either party.
11. INSURANCE
(a) GTech Surveys Ltd shall maintain a policy of professional indemnity insurance covering its liabilities in respect of any negligence in providing the Product under or in connection with this Agreement with a maximum limit of indemnity of £2,000,000 and shall use reasonable endeavours to maintain such insurance with an insurance company licensed to transact business in the United Kingdom until one year after delivery of the Product.
(b) When reasonably required to do so by the Purchaser, GTech Surveys Ltd shall provide to the Purchaser documentary evidence by way of an insurance broker’s certificate of verification that the insurance referred to above is being maintained in full.
(c) GTech Surveys Ltd’s liability under this Agreement whether in contract or in tort, in negligence, or for breach of statutory duty or otherwise shall be limited to the amount recovered by GTech Surveys Ltd by way of indemnity against the claim or claims in not exceeding the limit of indemnity specified in clause 8(d).
(c) With respect to any insurance issues, clauses 12(d), 12(e), 12(f), 12(g), 12(h), 12(i), 12(j) and 12(k) apply.
12. GENERAL
(a) This Agreement shall be governed for all purposes by the laws of England, Wales, Scotland and Eire.
(b) No time or indulgence granted by GTech Surveys Ltd shall affect the strict rights of GTech Surveys Ltd under this Agreement.
(c) This Agreement constitutes the entire agreement between GTech Surveys Ltd and the Purchaser. No items or conditions stipulated by the purchaser shall have any effect unless agreed in writing by GTech Surveys Ltd.
(d) In relation to Products where a ‘baseline signal survey’ or a ‘television reception survey’ will be undertaken, the following is relevant – The UK’s terrestrial television network is a highly complex engineering system and is constantly being modified, re-designed, upgraded and maintained. Any reception conditions detailed in the Product would be those prevailing at the time of the survey at the Project Site. Engineering work at transmitter sites, weather conditions and the time of the year will influence the quality and coverage of terrestrial services and their susceptibility to interference. Whilst every effort will be made to accurately measure and assess the available television transmissions and services at the time of any survey, GTech Surveys Ltd cannot assume that any part of the television broadcast network or transmission from any transmitter will be operating in required specification or correctly to any design criteria. Any signal measurements undertaken during any survey work for the Project would inturn be used to define any possible reception impacts to television reception and would consequently influence the overall conclusions and recommendations of the Product.
(e) In relation to desktop based Products, the following is relevant – The UK’s terrestrial television network is a highly complex engineering system and is constantly being modified, re-designed, upgraded and maintained. The likely reception conditions detailed in the Product would be those prevailing at the time of writing in the study area. Engineering work at transmitter sites, weather conditions and the time of the year will influence the quality and coverage of terrestrial services and their susceptibility to interference. Whilst every effort will be made to accurately quantify the available television transmissions and services at the time of writing, GTech Surveys Ltd cannot assume that any part of the television broadcast network or transmission from any transmitter will be operating with the same engineering specifications, post-construction. As a baseline signal survey will not be undertaken for the Product, any impacts or assumptions are derived from modelling and may not accurately reflect actual reception conditions in the study area during either the pre or post-construction phases. Additionally, local construction work and operational wind farms within the study area will degrade the quality and reliability of any received television services, yet these unknowns cannot be factored into any impact modelling due to the complexity of combined signal interference.
(f) In relation to any Products where any television reception impact modelling has been undertaken, the following is relevant – Modelling parameters assume that all installed antenna systems are mounted at least 10m AGL and installed to a modern standard, with all components meeting CAI quality standards. Antennas mounted at lower heights and poor quality installations will be more prone to the effects of interference from external sources and themselves and as such, reception conditions to installations with the aforementioned characteristics have not been accounted for in any impact modelling. Consequently properties with such installations may be prone to interference effects that have not been identified. Such installations are commonly found in camping and caravan parks, on bungalows and properties where it is not possible to attach an antenna to the exterior roof. Antennas mounted in lofts are also more prone to interference effects arising from the signal attenuation caused by roofing materials. Again, reception conditions to properties with the aforementioned antenna installation characteristics have not been accounted for in any impact modelling and as such, properties with these installations may be prone to interference effects that have not been identified.
(g) In relation to Products where a ‘baseline signal survey’ or a ‘television reception survey’ was undertaken during 2012 or 2013, the following is relevant – During 2012 and 2013, a significant amount of engineering work was undertaken at a number of main and relay television transmitters, which involved moving digital multiplexes to new UHF channels as a result of planned RF spectrum changes. This occurred as part of the ongoing Digital UK Switchover project relating to channel clearance for the then forthcoming 4G phone network required radio spectrum. These works would have altered the coverage and the reliability of the transmitters to local areas. Due to these channel moves, the baseline data in any report (the Product) can no longer be referenced to. Furthermore, as the regional transmission conditions will have now changed, the local baseline reception conditions will have also changed and subsequently, any conclusions reached in the Product may no longer be valid. The Purchaser is responsible for ensuring that any submitted documents or reports (the Product) are up to date with respect to these changes.
(h) In relation to Products and Projects where a ‘desktop based television reception impact study’, ‘baseline television signal survey’ or a ‘television reception survey and reception impact assessment’ was undertaken anytime before November 2013, and which studied one or more of the main DTT (Freeview) transmitters where a COM 7 multiplex is now being transmitted from (after that aforementioned time period), as these additional services were not included in any impact assessment, baseline signal survey or pre-construction reception work, the impacts to the reception of the new COM 7 multiplex has not been studied or quantified. The COM 7 multiplex service will often be operating at a lower transmission power, in a HD transmission mode and in a region where domestic antenna performance may reduce the level of the received signal at residential properties. During the Project’s pre-construction or construction period, viewers may have retuned their Freeview receiving equipment in order to receive these new channels and services. As these services will be operating in a HD mode and at a lower transmitter power, new and unidentified post-construction or operational phase adverse impacts are more likely and interference that may otherwise have not occurred could now do so and may impact local reception conditions. Consequently, with respect to the overall findings and conclusions in the Product, viewers in previously unaffected locations may now be impacted by previously unidentified development generated interference. This especially is relevant to Products where the focus of the study was on a wind turbine, wind turbines or a wind farm. As the local baseline reception conditions will have also changed from the addition of new Freeview television channels and services, any conclusions reached in the Product can no longer be valid. The Purchaser is responsible for ensuring that any submitted documents or reports (the Product) are up to date with respect to these changes and are advised to seek information regarding these new services from the Digital UK website.
(i) In relation to Products and Projects where a ‘desktop based television reception impact study’, ‘baseline television signal survey’ or a ‘television reception survey and reception impact assessment’ was undertaken anytime before spring 2014, and which studied one or more of the main DTT (Freeview) transmitters where a Local TV multiplex is now being transmitted from (after that aforementioned time period), as these additional services were not included in any impact assessment, baseline signal survey or pre-construction reception work, the impacts to the reception of the new Local TV multiplex has not been studied or quantified. The Local TV multiplex service will often be operating at a lower transmission power and in a region where domestic antenna performance may reduce the level of the received signal at residential properties. During the Project’s pre-construction or construction period, viewers may have retuned their Freeview receiving equipment in order to receive these new channels and services. As these services will be operating at a lower transmitter power, new and unidentified post-construction or operational phase adverse impacts are more likely and interference that may otherwise have not occurred could now do so and may impact local reception conditions. Consequently, with respect to the overall findings and conclusions in the Product, viewers in previously unaffected locations may now be impacted by previously unidentified development generated interference. This especially is relevant to Products where the focus of the study was on a wind turbine, wind turbines or a wind farm. As the local baseline reception conditions will have also changed from the addition of new Freeview television channels and services, any conclusions reached in the Product can no longer be valid. The Purchaser is responsible for ensuring that any submitted documents or reports (the Product) are up to date with respect to these changes and are advised to seek information regarding these new services from the Digital UK website.
(j) From summer 2013, 4G mobile phone network rollout commenced throughout the UK, with coverage starting in major cites first. For some operators, the 4G mobile phone network utilises frequencies adjacent to existing Freeview television channels. The Winter Hill transmitter that serves Manchester and the surrounding area is a prime example of this situation. at800 (https://at800.tv/) has identified that the proximity of 4G transmission masts to some television receiving antennas and receiving equipment may cause interference effects and could cause disruption to received Freeview signals. In relation to Products where a ‘desktop based television reception impact study’, ‘baseline television signal survey’ or a ‘television reception survey and reception impact assessment’ was undertaken before summer 2013 or in an area since then (before the rollout of 4G mobile phone networks), the following is relevant – As the potential Freeview interferers were not included in any reception impact assessment, baseline signal survey or pre-construction reception work, the impacts to the reception of certain Freeview services has not been studied or quantified. New and unidentified pre-construction, post-construction or operational phase adverse impacts may now have occurred and interference that may otherwise have not occurred could now do so and may impact local reception conditions. Consequently, with respect to the overall findings and conclusions in the Product, viewers in previously unaffected locations may now be impacted by previously unidentified 4G generated interference. This especially is relevant to Products where the focus of the study was on a construction project, wind turbine, wind turbines or a wind farm. As the local baseline reception conditions will have also changed from the addition of Freeview frequency adjacent mobile phone services (and UHF channel moves discussed in 12(g)), any conclusions reached in the Product can no longer be valid. The Purchaser is responsible for ensuring that any submitted documents or reports (the Product) are up to date with respect to these changes and are advised to seek information regarding potential interference from at800.
(k) In relation to Products and Projects where a ‘desktop based television reception impact study’, ‘baseline television signal survey’ or a ‘television reception survey and reception impact assessment’ was undertaken anytime before April 2015, and which studied one or more of the main DTT (Freeview) transmitters where a COM 8 multiplex is now being transmitted from (after that aforementioned time period), as these additional services were not included in any impact assessment, baseline signal survey or pre-construction reception work, the impacts to the reception of the new COM 8 multiplex has not been studied or quantified. The COM 8 multiplex service will often be operating at a lower transmission power, in a HD transmission mode and in a region where domestic antenna performance may reduce the level of the received signal at residential properties. During the Project’s pre-construction or construction period, viewers may have retuned their Freeview receiving equipment in order to receive these new channels and services. As these services will be operating in a HD mode and at a lower transmitter power, new and unidentified post-construction or operational phase adverse impacts are more likely and interference that may otherwise have not occurred could now do so and may impact local reception conditions. Consequently, with respect to the overall findings and conclusions in the Product, viewers in previously unaffected locations may now be impacted by previously unidentified development generated interference. This especially is relevant to Products where the focus of the study was on a wind turbine, wind turbines or a wind farm. As the local baseline reception conditions will have also changed from the addition of new Freeview television channels and services, any conclusions reached in the Product can no longer be valid. The Purchaser is responsible for ensuring that any submitted documents or reports (the Product) are up to date with respect to these changes and are advised to seek information regarding these new services from the Digital UK website.
(i) Digital terrestrial television (Freeview) coverage may vary as a result of engineering works or any frequency changes authorised by Ofcom. We advise that consumers always check future reception predictions (http://www.digitaluk.co.uk/coveragechecker/) before buying TV equipment. GTech Surveys Ltd, Ofcom and Digital UK are not responsible for household TV reception arrangements.