GS1 UK and the Member (defined in the Order Form) entered into a framework agreement as described in the Order Form (“Framework Agreement”), allowing the Member to request services from GS1 UK. Pursuant to the Framework Agreement, the Member requests certain services to be provided by GS1 UK, and GS1 UK agrees to provide such services to the Member in accordance with these service contract terms and conditions and the Framework Agreement (“Service Contract”).
Agreed terms
1. Interpretation
1.1 All capitalised terms used in these Service Contract Terms and Conditions which are not defined in these Service Contract Terms and Conditions shall have the meaning given to those terms in the Framework Agreement:
Barcodes means barcode images or labels to be applied against GS1 UK Numbers, submitted by the Member in connection with the Services;
Excluded Product perishable items and live items;
Fees means the fees set out in the Order Form;
Renewal Fees shall have the meaning in clause 4.3;
Order Form means the Order Form the Member completed by the Member;
Product means a product of the Members which includes a Barcode;
Report means a written report, reporting on the Barcodes submitted and providing advice as to improvements required and support needed;
Services means the review of barcode images to assess their suitability as further described in clause 3.6;
Service Contract Terms and Conditions means these terms and conditions which incorporate the Order Form.
2. Services
2.1 In the event of any inconsistency between the Framework Agreement, these Service Contract Terms and Conditions and the Order Form, the following order of precedence shall apply (1) Service Contract Terms and Conditions (2) Framework Agreement, and (3) Order Form.
2.2 To apply for the Services, the Member must complete an Order Form (agreeing to be bound by the Service Contract and pay the Fees, together with providing GS1 UK with any additional information it may require in respect of the Services, as applicable or requested.
2.3 GS1 UK is not obliged to accept all Order Forms, and reserves the right (prior to the collection of payment) not to provide the Services to the Member for any reason.
2.4 Once an Order Form has been submitted by the Member and accepted by GS1 UK, GS1 UK shall arrange for the Services to be provided.
2.5 GS1 UK reserves the right to cancel, delay or terminate the provision of the Services where the Fees have not been received in cleared funds by GS1 UK or the Member does not provide sufficient information to enable GS1 UK to provide the Services.
2.6 Where the Member fails to provide sufficient information to GS1 UK to complete the Services, this may result in the Member not receiving full and accurate or complete Report. GS1 UK will not be responsible for any loss the Member suffers as a result of this.
2.7 The Services include: (1) the review of up to three Barcodes submitted, (2) a Report, and (3) (where required) up to a further two reviews on the three Barcodes submitted.
2.8 Where further reviews are required in accordance with clause 2.6, GS1 UK will determine whether it is appropriate to provide additional Reports. In the event that the Member requires further reviews and Reports over and above those in clause 2.6, GS1 UK reserves the right to treat such request as a separate application.
2.9 In completing the review in clause 2.6, GS1 UK will check: (1) the GTIN or Serial Shipping Container Code (SSCC) is in the correct format, (2) the Barcode is correctly sized and positioned (3) appropriate colours for the Barcode are used, and (4) the label design allows for accurate scanning.
2.10 Where a Member completes an Order Form requesting the Services, the Order Form shall be deemed received where submitted online: on the day of submission; and where received by post, 3 Business days from date of submission.
2.11 Subject to clause 4.2, GS1 UK shall endeavour to provide the Services within five (5) Business Days of deemed receipt as set out in clause 2.9 above.
2.12 Where a Member submits Barcodes by post, which are attached to Product, GS1 UK will not return the Product where it is an Excluded Product and will only return the Product where a prepaid appropriately sized envelope in provided and the Member has requested so on the Order Form. Where this is not provided, the Member acknowledges that GS1 UK will dispose of the Products seven (7) days after providing the Services. The Member acknowledges that it posts products at its own risk and GS1 UK will not be responsible for any loss of damage to the Products.
3. Report
3.1 The content of the Report represents GS1 UK’s review of the Barcodes. The findings in the Report are based upon the information provided to GS1 UK. GS1 UK shall not be responsible for any loss or damage the Member as a result of findings in the Report which are a result of information provided by the Member which is inaccurate, misleading, out of date or incomplete.
3.2 The Member shall own the Report. GS1 UK has the right to make and retain copies of said the Report for the purposes of GS1 UK’s own records.
4. Fees
4.1 The Member agrees to pay the Fees set out in the Order Form.
4.2 The Fees are payable in advance of the provision of the Services. In the event payment of the Fees are delayed, GS1 UK, shall not be required to provide the Services and GS1 UK will not be responsible for any loss suffered by the Member as a result of the delay in the provision of the Services.
5. Termination
5.1 This Service Contract unless terminated earlier in accordance with the Framework Agreement, shall end upon the completion of the Services as set out in clause 2.7.
6. Cancellation
6.1 The Member shall be entitled to cancel the Services at any time prior to the collection of payment. Once payment has been made GS1 UK will commence the Services. Should the Member seek to cancel the Services once GS1 UK have commenced providing the Services, no refund will be provided.
7. Warranty
7.1 GS1 UK will confirm if the Barcode is compliant in accordance with GS1 UK standards and requirements, but cannot provide advice as to whether the sample on the Product is satisfactory.
8. Limitation of liability
8.1 The liability of GS1 UK in connection with the Services and/or this Service Contract to the Member whether in contract, tort (including negligence), breach of statutory duty or otherwise shall not exceed an amount, in aggregate, equal to the Fees that are paid by the Member for the Services.
8.2 GS1 UK shall not be liable for any delayed, partial or total non-performance of the Services arising directly or indirectly from any event outside GS1 UK’s control including failure by the Member to comply with any of its obligations hereunder.
8.3 The Service will not include a full verification of the Barcodes. This can only be carried out on a final Product sample and GS1 does not provide this service.