Terms of Sale
"The Seller" means Go Communications Systems Ltd who's registered office is Stag House, Old London Road, Hertford, Hertfordshire, SG13 7LA.
"The Buyer" means the person, company or other party who agrees to buy the goods from the Seller.
"The Goods" means the goods that the Seller is to supply in accordance with these Terms and Conditions of Sale. Any reference to ‘the Goods' shall, where appropriate, include a reference to part of them.
"The Price" means the price quoted at the date the order is accepted.
These Terms and Conditions of Sale form the whole agreement between the Seller and the Buyer and shall not be removed or varied in any way. No other express terms or conditions, written or oral, shall be incorporated into the contract.
These Terms and Conditions of Sale override any other terms that the Buyer may seek to impose.
The Price is exclusive of all duties and taxes and shall be paid in accordance with the Seller's settlement terms. The Seller reserves the right to vary the Price as occasion demands.
Any delivery date notified by the Seller to the Buyer shall be an estimate only and the Seller shall not be liable for any delay in delivery of the Goods, howsoever caused. Time of delivery is not of the essence of the contract.
Where the Goods are delivered by instalments, no failure by the Seller to deliver in respect of one or more instalments shall impair the contract in respect of goods previously delivered or undelivered.
Cancellation of an order, in whole or in part, cannot be accepted without the Seller's consent in writing which shall only be given on a full indemnity by the Buyer to the Seller.
The Seller's settlement terms are strictly 30 days from the date of the invoice or as otherwise stated on the invoice.
Interest on late payments will be charged at 2% above the official Bank of England base rate and the Seller reserves the right to suspend deliveries until payment is made.
Risk in the Goods passes to the Buyer when the Seller delivers the goods to the Buyer.
The Buyer must insure the Goods against all insurable risks for the price due to the Seller for the Goods.
Title in the Goods shall not pass from the Seller to the Buyer until the Goods have been paid for in full. Where the Goods are supplied in instalments, title in the Goods shall not pass until all such Goods have been fully paid for.
Until full payment is made to the Seller, the Buyer:
- Must store the Goods so as to be separate and identifiable from other Goods;
- Must not delete or remove any markings on the Goods;
- Grants to the Seller the right to enter the Buyer's premises for the purpose of recovering the Goods, or other goods of a similar current market value should the Goods not be found; and
- Must hold the proceeds of any sale of the Goods to a third party in trust for the Seller and in a separately designated bank account. These proceeds shall be at all times identifiable as the Seller's money.
The Buyer must carefully examine the Goods immediately on receipt of them and must notify the Seller in writing of any defect (including any discrepancy in the condition of the Goods) or short delivery reasonably discoverable on careful examination.
If the Buyer does not notify the Seller within three days from the date of delivery, the Seller excludes all liability for any short delivery or defect (including any discrepancy in the condition of the goods) that should reasonably have been discovered on careful examination.
Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable for any consequential or indirect loss suffered by the Buyer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Seller's negligence). Examples of indirect loss are, but are not limited to: loss of profit; loss of contracts; damage to the Buyer's property or property of any other person and personal injury to the Buyer any other person, other than that caused by the Seller's negligence.
Except in respect of death or personal injury caused by the Seller's negligence, the Seller's total liability for any one claim or for the total of all claims arising from any one act or default of the Seller (whether arising from the Seller's negligence or otherwise) shall not exceed the Price.
The Seller is not liable for any failure to deliver the Goods arising from circumstances outside the Seller's control. Non exhaustive illustrations of circumstances outside the Seller's control include an act of God, war, riots, explosion, acts of terrorism, abnormal weather conditions, fire, flood, Government action, strikes, lockouts, embargoes, accidents and shortages of materials, labour or manufacturing facilities.
Due to the continuing process of technical change and development the Goods supplied by the Seller may not comply in all respects with the technical specifications described in the Seller's literature.
Any Goods supplied to the Buyer by the Seller which is subject to restrictions or provisions imposed by manufacturer's license conditions are supplied to the Buyer by the Seller subject to any such license conditions.
Prior authorization, in the form of an RMA number, must be obtained from the Seller before any Goods are returned. Any Goods returned without an RMA number will be refused and returned to the Buyer.
The Goods must be returned within 10 working days.
All returned Goods must be in their original box and packaging as supplied and include any cables, literature and peripherals. Boxes must be unmarked. The original box must be packed inside an outer box to avoid damage. The outer box must be clearly marked with the Seller's address and RMA number provided. Any Goods returned incomplete in any way will be refused and returned to the Buyer.
Any goods returned which are not faulty, or are in an un-saleable condition will be subject to a re-stocking fee of 15% unless otherwise agreed in writing.
If the Buyer
Being a company, has a petition presented for its winding up; or passes a resolution for voluntary winding-up (other than for the purpose of a bona fide amalgamation or reconstruction); or enters into a voluntary arrangement with its creditors; or becomes subject to an administration order; or has a receiver appointed of all or any of its assets;
Or being an individual or firm, becomes bankrupt or insolvent; or enters into a voluntary arrangement with creditors;
Then the Seller shall be entitled to treat the contract as being at an end or suspend any further deliveries under the contract. If the Goods have been delivered but not paid for, the price shall become due immediately regardless of any previous agreement to the contrary.
These Terms and Conditions of Sale will be governed by English law and the Buyer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Seller invokes the jurisdiction of another country.