Terms & Conditions

Terms & Conditions

The following Conditions apply to all agreements with GTO Engineering Ltd, or any of its associated Group companies in the United Kingdom, or GTO Engineering LLC or any of its associated Group companies in the United States of America.

Nothing in these Conditions shall effect the Statutory Rights of the Consumer.

 

1 DEFINITIONS

1.1 “GTO” means GTO Engineering Ltd of GTO House, Floral Mile, Hare Hatch, Reading, RG10 9ES, United Kingdom or any of its associated Group companies, or GTO Engineering LLC of 805 Garmon Park Court, Loganville, Georgia, 30052, United States of America, or any of its associated Group companies.

1.2 Customer means any person entering into an agreement with GTO, whether an individual or incorporated.

1.3 Agreement means any agreement entered into between the Customer and GTO.

1.4 “Goods” means any goods forming the subject of an agreement with a customer, including Motor Vehicles.

1.5 “Services” means any services provided by GTO.

1.6 “Price” means the price as detailed in any Sales Invoice issued by GTO.

1.7 “Motor Vehicle” includes any item included or proposed to be included in the sale of Motor Vehicles.

1.8 Reference to a gender or individual shall include, in context, reference to another gender or corporate body.

 

 

2 PAYMENT FOR GOODS AND SERVICES

2.1 Payment for goods shall be made forthwith (unless otherwise agreed in writing) in cash, cheque, bankers draft or credit transfer in the currency in which the sale was conducted, on the date specified in the Sales Invoice or otherwise agreed by GTO and the Customer.

2.2 Payment for services shall be made not more than 14 days after an invoice is rendered for such service.

2.3 In the event of any breach of any part of these Terms of Business GTO shall be entitled to withhold goods or services pending settlement of any claim by GTO (or any third party instructed by GTO), and shall be entitled to claim a reasonable sum for any expenses incurred as a result thereof including legal fees, storage charges, and maintenance and care of motor vehicles.

2.4 Any Deposit is taken as security for the performance of the Agreement to which it relates, and any failure by the Customer to perform that agreement shall entitle GTO to forfeit it, or sue for specific performance and/or damages at its discretion.

 

3 TITLE

3.1 Title in Goods shall not pass to the Customer until the Purchase Price and any charges under 2.3 above has been paid in full, any part exchange goods have been delivered and GTO is satisfied as to the title, description and quality of the part exchange goods.

3.2 Notwithstanding 3.1 above, risk in the Goods shall remain with the Customer from the date of the Sales Invoice until collection or delivery.

3.3 Time for payment by the Customer, and delivery of any part exchange vehicle, shall be of the essence. If a Customer fails to comply with any time limits under any Agreement, GTO shall be entitled to repudiate it, and the Customer shall compensate GTO in full on demand for all costs and expenses (including legal costs) arising in connection with or resulting from the Customer’s failure to comply with the Agreement.

 

4. WARRANTIES BY GTO

4.1 GTO warrants that the Goods comply with their description, and it is entitled to sell the Goods and does so free of all encumbrances, third party claims and tax liabilities, except as otherwise agreed between the Parties. It further warrants that all services provided shall be of satisfactory quality using proper skill and care.

4.2 Where GTO is acting as Agent for the owner of the Goods it will inform the Customer, and the Customer shall have no claim in relation to the Goods against GTO in any circumstances whatsoever.

 

5 INSURANCE

5.1 Where GTO is acting as the bailee of any Goods belonging to a Customer, that Customer is liable to insure, and keep those goods insured for all risks, to their full value from time to time, whilst those Goods are in the possession, care or control of GTO, or its Agents or subcontractors, and shall direct any claim for loss to his insurers.

 

 

6 LIABILITY

The liability of GTO shall be governed by the following provisions;

6.1 In relation to the sale of Goods, that liability shall be limited to either the cost of replacing the Goods, or (in relation to motor vehicles) be limited to the difference between the price paid by the customer and the value of the Goods in the condition in which the Customer received them.

6.2 In relation to damage to Goods, the cost of repair.

6.3 In any event, GTO will not be liable for any indirect costs, including (but without prejudice to the generality of the foregoing) costs of recovery, travel, loss of profit, loss of value, depreciation, accommodation or any other expenses or loss whether arising from its negligence or otherwise, save for personal injury or death.

6.4 Provided the Goods comply with their description, GTO will not be liable for any claim arising out of an allegation that the Goods are not original, authentic, genuine, is not a matching numbers vehicle, or any other like term unless specific terms are agreed in writing between GTO and the Customer. All Goods are sold as seen and inspected if prior viewing has taken place.

6.5 In relation to a Motor Vehicle, GTO will not be liable for any loss of or damage to a sum exceeding £5,000,000 per vehicle, or such amount as its own insurers set as the limit of its liability, whichever is the lower.

6.6 GTO shall be under no liability for any injury, damage or loss sustained by any person whilst on GTO premises, except for death or personal injury caused by the negligence of GTO or its employees or agents in the ordinary course of their duties to GTO.

6.7 In a course of dealing with a customer, any act or forbearance inconsistent with these Conditions shall not act as a waiver of these Conditions in any subsequent dealings with that Customer, or person or body connected with that Customer.

 

7 STATUTORY INFORMATION

7.1 If the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to any Agreement, GTO will provide a Notice setting out the Customer’s rights.

 

8 GOVERNING LAW

8.1 For business transacted in the United Kingdom, all transactions to which these conditions apply shall be governed by English law and GTO and the Customer hereby submit to the exclusive jurisdiction of the English courts.

8.2 For business transacted in the United States of America, all transactions to which these conditions apply shall be governed by US law and GTO and the Customer hereby submit to the exclusive jurisdiction of the United States courts.

 

CONSUMER CONTRACT REGULATIONS - United Kingdom-only

If The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies to this contract for the supply of goods then you have the right to cancel this contract within 14 days without giving any reason.

To exercise the right to cancel, you must inform us at GTO House, Floral Mile, Hare Hatch, Reading, RG10 9ES, United Kingdom (Telephone 0118 940 1101) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you choose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than:

(a) 14 days after the day we receive back from you any goods supplied, or (b) (if earlier) 14 days after the day you provide evidence that you have returned goods, or (c) If there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.