This agreement was last modified in June 2013.
‘The Supplier’ means Go Communications Systems Limited whose registered office is Stag House, Old London Road, Hertford, Hertfordshire, SG13 7LA.
‘The Customer’ means the person, company or other party who rents ‘the Goods’ from the Supplier.
‘The Goods’ means the equipment which the Supplier is to supply for rental in accordance with these Terms and Conditions of Rental. 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. The Price will be for a rental period of one calendar month.
These Terms and Conditions of Rental form the whole agreement between the Supplier and the customer for all rentals and shall not be removed or varied in any way. No other express terms, written or oral, shall be incorporated into the contract.
These Terms and Conditions of Rental override any other terms and conditions that the Customer may subsequently seek to impose
The Supplier needs to be in receipt of a copy of these Terms and Conditions of Rental, signed by an authorised representative of the Customer, before the Goods are supplied.
The Supplier will invoice the Customer at the commencement of the rental for an initial period of one calendar month. The commencement of the rental will be the day after the Customer receives the Goods. The Supplier will continue to invoice every calendar month thereafter until the Customer notifies the Supplier in writing of the tracking number for the Goods being returned. The Supplier will then issue a credit note for any days over-invoiced, if applicable.
The Price is exclusive of all duties and taxes. The Supplier reserves the right to vary the Price as occasion demands.
Condition of the Goods
Equipment may be supplied, at the discretion of the Supplier, in plain, non-original boxes for shipping purposes.
Equipment will be supplied in a suitable condition to perform in a network environment.
Any delivery date notified by the Supplier to the Customer shall be an estimate only and the Supplier 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 Supplier 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 Supplier’s consent in writing which shall only be given on a full indemnity by the Customer to the Supplier.
Returning the Goods at the end of the rental
The Goods must be returned to the Supplier in the same condition as when supplied. The Customer will arrange for the return of the Goods and pay for all transport costs involved. The Goods will be photographed by the Supplier prior to despatch and these photographs can be made available to the Customer. Any Goods returned in a different condition to that supplied shall be assessed for undue wear and tear, and any work required to return the Goods to their condition when supplied will be charged to the buyer at cost. Examples of undue wear and tear are, but are not limited to : any physical damage; any broken or snapped clips or plugs; any dents; any unnecessary marks or scratches; any treatment that has impaired the full function of the Goods. All accessories supplied with the Goods must be returned to the Supplier or will be charged to the Buyer. Examples of accessories are, but are not limited to : rackmount kits; all cables and peripherals.
The Supplier’s settlement terms are as agreed on the quotation. Customers without a credit account will be required to pay invoices in advance.
Interest on late payments will be charged at 2% above the official Bank of England base rate and the Supplier reserves the right to suspend deliveries until payment is made.
Risk in the Goods passes to the Customer when the Supplier delivers the goods to the Customer. Risk in the Goods passes back to the Supplier once the Customer has delivered the Goods back to the Supplier.
The Customer must insure the Goods against all insurable risks for their full market value.
Title in the Goods shall remain with the Supplier.
The Customer must:
- not delete or remove any markings on the Goods;
- grant to the Supplier the right to enter the Customer’s premises for the purpose of recovering the Goods.
The Customer must carefully examine the Goods immediately on receipt of them and must notify the Supplier in writing of any defect (including any discrepancy in the condition of the Goods) or short delivery reasonably discoverable on careful examination.
If the Customer does not notify the Supplier within three days from the date of delivery, the Supplier 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 Supplier’s negligence, the Supplier shall not be liable for any consequential or indirect loss suffered by the Customer whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from the Supplier’s negligence). Examples of indirect loss are, but are not limited to: loss of profit; loss of contracts; damage to the Customer’s property or property of any other person and personal injury to the Customer any other person, other than that caused by the Supplier’s negligence.
Except in respect of death or personal injury caused by the Supplier’s negligence, the Supplier’s total liability for any one claim or for the total of all claims arising from any one act or default of the Supplier (whether arising from the Supplier’s negligence or otherwise) shall not exceed the Price.
The Supplier is not liable for any failure to deliver the Goods arising from circumstances outside the Supplier’s control. Non exhaustive illustrations of circumstances outside the Supplier’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 Supplier may not comply in all respects with the technical specifications described in the Supplier’s literature.
Any Goods supplied to the Customer by the Supplier which are subject to restrictions or provisions imposed by manufacturers licence conditions are supplied to the Customer by the Supplier subject to any such licence conditions.
Software licences are the responsibility of the Customer.
Prior authorisation, in the form of an RMA number, must be obtained from the Supplier before any faulty Goods are returned. Any Goods returned without an RMA number will be refused and returned to the Customer. Goods must be returned to the Supplier within 7 days of the RMA number being issued.
All returned Goods must be in their original box and packaging as supplied and include any cables, literature and peripherals. The outer box must be clearly marked with the the Supplier’s address and RMA number provided.
If the Customer :
- 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 Supplier 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 Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Supplier invokes the jurisdiction of another country.