Terms

Credit Terms & Conditions

Application for credit with Go 2 Telecom Ltd and Go 2 Maintenance Ltd will require all customers to complete in full an account application form this must be signed, dated and returned before credit terms can be agreed.

Payments can be made by the following methods:

  • Secure online by credit or debit card.
  • By telephone by credit or debit card
  • Post by cheque or bankers draft

Go 2 Telecom Ltd
Taylor Business Park
1 Cedar Court
Risley
Warrington
WA3 6BT

Go 2 Maintenance Ltd
Taylor Business Park
1 Cedar Court
Risley
Warrington
WA3 6BT 

TERMS & CONDITIONS OF SALE

1.         Definitions

Unless the context requires otherwise the following definitions apply

1.1       “Buyer” means the person who buys or agrees to buy Goods or Services from the Seller

1.2       “Completion Date” means the date or dates specified by the Seller on which completion of the provision of the Services is to take place

1.3       “Conditions” means

1.3.1       the terms and conditions set out

            1.3.1.1    in this document

1.3.1.2   in the Seller’s form of application to open a credit account &
1.3.1.3   in the Seller’s Credit Terms & Conditions and
1.3.2      any special terms and conditions agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf
1.4       “Contract” means any contract between the Seller and the Buyer incorporating the Conditions

1.5       “Delivery Date” means the date or dates specified by the Seller on which any Goods are to be delivered

1.6       “Goods” means any articles which the Buyer agrees to buy from the Seller

1.7       “Price” means

1.7.1      the price for any Goods excluding carriage packing insurance and VAT and
1.7.2      the price of any Services excluding VAT
1.8       “Quotation” means

1.8.1      any written quotation provided by the Seller to the Buyer in respect of Goods or Services and
1.8.2      (to the extent to which any such written quotation is superseded by it) any subsequent written confirmation provided by the Seller to the Buyer in respect of any order placed by the Buyer with the Seller for such Goods or Services or
1.8.3      (if no such written quotation is or has been provided) any written confirmation provided by the Seller to the Buyer in respect of any order placed by the Buyer with the Seller for any Goods or Services  
1.9       “Seller” means Go 2 Telecom Limited (company number 04811905) or Go 2 Maintenance Limited (company number 05462037)

1.10      "Services" means any services which the Seller agrees to provide to the Buyer or any product of such services

1.11      “VAT” means Value Added Tax or any tax or duty which from time to time replaces it

2.         Conditions

2.1       The Conditions shall apply to all contracts

2.1.1      for the sale of Goods or
2.1.2      for the provision of Services
by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order confirmation of order or similar document

2.2       Any Quotation shall be deemed to be an offer by the Seller to sell Goods or to provide Services pursuant to the Conditions

2.3       Once

2.3.1      despatch or delivery of any Goods by the Seller to the Buyer has been effected or
2.3.2      the provision of any Services by the Seller to the Buyer has commenced
such event or events shall be deemed conclusive evidence of the Buyer’s acceptance of the Conditions

2.4       Any variation of the Conditions shall be ineffective unless agreed in writing by the Seller and signed by an authorised representative of the Seller on its behalf

3.         Price and payment

3.1       The Price for the Goods or Services shall be the price or prices set out in the relative Quotation exclusive of VAT which shall be due at the rate ruling on the date of the Seller’s invoice

3.2       The Price for any Goods is the Seller’s current list price and (for the avoidance of doubt) where the Seller agrees to arrange for Goods to be sent to the Buyer the Buyer shall be responsible for the costs of packing and carriage

3.3       The Seller may by giving notice to the Buyer at any time before delivery or completion increase the Price of any Goods or Services in order to reflect any increase in the cost to the Seller which is due to factors occurring after the making of the Contract which are beyond the reasonable control of the Seller (including without limitation foreign exchange fluctuations taxes and duties and the cost of labour materials and other manufacturing costs)

3.4       Payment of the Price and VAT shall be due within 30 days of the date of the relative invoice whether or not any of the Goods have been delivered or any of the Services have been provided to the Buyer and time for payment shall be of the essence

3.5       Interest on overdue invoices shall accrue from the date on which payment becomes due from day to day until the date of payment at the rate of 2% above Bank of Scotland plc’s base rate from time to time in force and for the avoidance of doubt such interest may accrue after as well as before any judgment

3.6       If the Buyer fails to make any payment on the due date then without prejudice to any of the Seller’s other rights the Seller may

3.6.1      suspend or cancel deliveries to the Buyer of any Goods
3.6.2      suspend the provision to the Buyer of any Services
3.6.3      treat the Contract in question as repudiated by the Buyer
3.6.4      appropriate any payment made by the Buyer to such of the Goods or Services (or Goods supplied or Services provided under any other contract with the Buyer) as the Seller may in its sole discretion think fit and/or
3.6.5      impose a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyer for which payment has been made) for the unpaid price of all Goods or Services sold to the Buyer by the Seller under any Contract
3.7       The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatever but the Seller shall at any time be entitled to deduct from or set off against any monies payable by it to the Buyer such sums as the Buyer owes to the Seller

3.8       The Seller shall be entitled to submit to the Buyer an invoice or invoices for the whole or part of the Price on or at any time after acceptance of any of the Goods or Services

4.         Goods and Services

4.1       The quantity and description of any Goods or Services shall be as set out

4.1.1      in the relative Quotation and/or
4.1.2      in any document or documents to which reference is made in the relative Quotation
4.2       The Seller may from time to time make changes in the specification of any Goods or Services

4.2.1      which are required to comply with any applicable safety or statutory requirements or
4.2.2      which do not materially affect the quality of any Goods or Services
4.3       Any contractual description of any Goods by the Seller relates to the identity of those Goods but only if it relates to a central characteristic of those Goods or to a substantial ingredient in their identity

5.         Warranties and liability

5.1       All terms conditions warranties and representations (whether implied or made expressly) whether by the Seller or its servants or agents or otherwise (other than those express warranties set out in any document or documents to which reference is made in any Quotation)

5.1.1      relating to the quality or fitness for purpose of any Goods or
5.1.2      the quality of any Services
are excluded to the fullest extent permitted by law
5.2       Any representations statements or warranties made or given by the Seller or its servants and agents (whether orally in writing or in any of the Seller’s brochures catalogues and advertisements) shall not be deemed

5.2.1      to form part of the Contract or
5.2.2      to have induced the Buyer to enter into the Contract
unless it is contained in any Quotation (or in any document or documents to which reference is made in it)

5.3       Nothing in the Conditions shall

5.3.1      restrict or exclude liability for death or personal injury caused by the negligence of the Seller or
5.3.2      affect the statutory rights of a Buyer dealing as consumer
5.4       The Buyer shall be exclusively responsible for satisfying itself that any Goods are fit for the purpose intended for them by the Buyer

5.5       In no circumstances shall the Seller have any liability whatsoever for any advice provided to the Buyer unless it is in writing on the Seller’s headed paper and signed by an authorised representative of the Seller on its behalf following receipt of a suitable written specification from the Buyer 

5.6       The Seller shall endeavour to supply manufacturer’s specifications and product details relating to Goods at the Buyer’s request but the Seller shall have no liability for any errors or misstatements contained in them 

5.7       In no circumstances shall the Seller have any liability for checking or approving any specification for any Goods or any Services provided by the Buyer

6.         Delivery of Goods and completion of Services

6.1       The Goods shall be delivered or the Services shall be provided to the Buyer on (or as soon as reasonably practicable after) the Delivery Date or the Completion Date

6.2       The Seller shall arrange for carriage of the Goods from the Seller’s address to the Buyer’s address provided that the method of delivery and the choice of packaging and labelling of any Goods shall remain at the sole discretion of the Seller

6.3       The Goods may be delivered or the Services may be provided in advance of the Delivery Date or the Completion Date upon the Seller’s giving of reasonable notice to the Buyer

6.4       The Buyer shall make all arrangements to take delivery of the Goods or to accept the provision of the Services whenever they are tendered for delivery or supply

6.5       The Seller shall not be liable for any loss or damage whatever due to failure by the Seller to deliver the Goods (or any of them) or to provide the Services (or any of them) promptly or at all

6.6       Notwithstanding that the Seller may have delayed or failed to deliver Goods (or any of them) promptly or to provide the Services (or any of them) promptly the Buyer shall be bound to accept delivery or provision of and to pay for such Goods or Services in full provided that delivery or supply is tendered at any time within three months of the Delivery Date or the Completion Date

6.7       The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer without any set-off or other withholding whatever and shall be due on the date for payment of the Price of the relevant Goods

6.8       The carrier of any Goods shall be deemed to be the Buyer’s agent

6.9       If (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of the Seller’s fault) the Buyer fails

6.9.1      to collect the Goods or
6.9.2      to give the Seller adequate instructions for delivery of the Goods
the Seller may (without prejudice to any other right or remedy available to it) make provision for the storage of the Goods and the Buyer shall be responsible and shall indemnify the Seller for the reasonable costs of such storage (including insurance)

6.10      The Seller reserves the right to make deliveries of Goods or provision of Services by instalments

6.11      The Buyer shall take delivery of any Goods tendered notwithstanding that the quantity so delivered is either greater or less than the quantity purchased provided

6.11.1    that such discrepancy in quantity does not exceed  5% and
6.11.2    that the Price for such Goods shall be adjusted pro rata to the discrepancy
6.12      The Buyer shall notify the Seller of any non-delivery of Goods within seven days of the date of despatch (as stated on the invoice) and notwithstanding the receipt by the Seller of any such notice a clear signature on a carrier’s delivery advice sheet shall be deemed to signify receipt of the Goods indicated on the advice sheet

6.13      The Seller may cancel the Contract at any time before the Goods are delivered or the Services are provided by giving written notice to that effect and on giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price for such Goods or Services and the Seller shall not be liable for any loss or damage whatever arising from such cancellation

7.         Acceptance

7.1       The Buyer shall be deemed to have accepted

7.1.1      any Goods 7 days after delivery to the Buyer of such Goods and/or
7.1.2      any Services 14 days after the provision to the Buyer of such Services
7.2       After such acceptance the Buyer shall not be entitled to reject any Goods or Services which are not in accordance with the Contract

7.3       Notwithstanding section 35A (1) of the Sale of Goods Act 1979 acceptance of some of the Goods by the Buyer whether conforming to the Contract or not shall deprive the Buyer of the right to reject the rest of the Goods whether they conform to the Contract or not

7.4       If the Buyer properly rejects any Goods which are not in accordance with the Contract the Buyer shall nonetheless pay the full Price for such Goods unless the Buyer

7.4.1      promptly gives the Seller notice of rejection and
7.4.2      at the Buyer’s cost returns such Goods to the Seller before the date on which payment of the Price is due
7.5       No Goods delivered to the Buyer which are in accordance with the Contract shall be accepted for return without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf on terms to be determined at the absolute discretion of the Seller

7.6       If the Seller agrees to accept the return of any such Goods the Buyer shall be liable to pay a handling charge of 10% of the Price of such Goods

7.7       Goods returned without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf may at the Seller’s absolute discretion be returned to the Buyer or stored by the Seller at the Buyer’s cost without prejudice to any rights or remedies which the Seller may have

7.8       In the event that the Buyer declines to accept Goods in breach of the Contract the Buyer shall pay to the Seller as and by way of agreed liquidated damages an amount equal to the price of the Goods less the net proceeds received by the Seller on reselling the Goods after deducting the costs and expenses of resale

7.9       The Buyer shall not be entitled to reject any Services provided which are in accordance with the Contract without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf on terms to be determined at the absolute discretion of the Seller and where such written approval is given the Seller shall not be required to undertake any action to restore any of the Buyer’s property or equipment whatsoever to its previous state prior to the provision of the Services

8.         Time for delivery of Goods or provision of Services

The Delivery Date and the Completion Date shall be treated as an estimate or estimates only unless the Seller has expressly undertaken in writing signed by an authorised representative of the Seller on its behalf to guarantee such delivery or completion by a specified date

9.         Title and risk

9.1       All Goods shall be at the Buyer’s risk as from delivery

9.2       In spite of delivery property in any Goods shall not pass from the Seller until

9.2.1      the Buyer has paid the Price for those Goods plus VAT in full and
9.2.2      no other sums whatever are due from the Buyer to the Seller in respect of those Goods
9.3       Until property in any Goods passes to the Buyer in accordance with clause 9.2
9.3.1      the Buyer shall hold those Goods on a fiduciary basis as bailee for the Seller and
9.3.2      the Buyer shall store those Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller’s property
9.4       Notwithstanding that any Goods remain the property of the Seller the Buyer may sell or use those Goods in the ordinary course of the Buyer’s business at full market value for the account of the Seller on the following basis

9.4.1      Any such sale or dealing shall be a sale or use of the Seller’s property by the Buyer on the Buyer’s own behalf and the Buyer shall deal as principal when making such sales or dealings
9.4.2      Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller’s money
9.5       The Seller shall be entitled to recover the Price (plus VAT) for the Goods notwithstanding that property in any of the Goods has not passed from the Seller

9.6       Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up to the Seller such of the Goods as have not ceased to be in existence or have not been resold and if the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods and on the making of such request the rights of the Buyer under clause 9.4 shall cease

9.7       The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller but without prejudice to the other rights of the Seller if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable

9.8       The Buyer

9.8.1      shall insure and keep insured the Goods to the full Price of such Goods against ‘all risks’ to the reasonable satisfaction of the Seller until the date on which property in the Goods passes from the Seller and
9.8.2      shall whenever requested by the Seller produce a copy of the policy of insurance
and without prejudice to the other rights of the Seller if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable

9.9       The Buyer shall promptly deliver to the Registrar of Companies the prescribed particulars of the Contract in accordance with Part XII of the Companies Act 1985 as amended and without prejudice to the other rights of the Seller if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable

9.10      The Seller shall be entitled to a general lien on all goods of the Buyer in the Seller’s possession (including goods of the Buyer for which payment has been made) for the unpaid price of all Goods and Services sold to the Buyer by the Seller under the Contract or any other contract

10.       Intellectual property

The specifications and designs of the Goods (including the copyright design right or other intellectual property in them) shall as between the parties be the property of the Seller

11.       Remedies of Buyer

11.1      Where the Buyer rejects any Goods the Buyer shall have no further rights whatever in respect of the supply to the Buyer of such Goods or the failure by the Seller to supply Goods which conform to the Contract

11.2      Where the Buyer accepts or has been deemed to have accepted any Goods or Services the Seller shall have no liability whatever to the Buyer in respect of those Goods or Services

11.3      The Seller shall not be liable to the Buyer

11.3.1    for late delivery or short delivery of any Goods or
11.3.2    for late provision of any Services
11.4      The Seller shall be under no liability whatever to the Buyer for any

11.4.1    indirect loss or expense (including loss of profit) suffered by the Buyer or
11.4.2    liability to third parties incurred by the Buyer
arising out of a breach by the Seller of the Contract

11.5      The Buyer shall inspect all Goods on delivery and all Services on completion and shall within 3 days of delivery or completion notify the Seller in writing of any alleged defect fault shortage in quantity damage or failure to comply with description or sample in relation to such Goods or Services

11.6      The Buyer shall

11.6.1    inspect all Services daily and
11.6.2    notify the Seller in writing (within 3 days of any such inspection) of any alleged defect fault damage or failure to comply with description in relation to such Services
11.7      The Buyer shall afford the Seller an opportunity to inspect all Goods and all Services within a reasonable time following delivery of such Goods or completion of such Services 

11.8      If the Buyer discovers a defect in the Goods or Services the Buyer

11.8.1    shall not use those Goods or any product of those Services
11.8.2    shall afford the Seller an opportunity to inspect those Goods or Services as soon as reasonably practicable after discovery of such defect and
11.8.3    shall not attempt to remedy any defect found in those Goods or Services without the prior written approval of the Seller signed by an authorised representative of the Seller on its behalf
11.9      If the Seller agrees that any Goods or Services are defective the Seller shall have the option at its sole discretion

11.9.1     to repair or replace the Goods or rectify the fault in the Services
11.9.2    to refund the Price of the Goods (in consideration of the return of such Goods) or the Services
11.9.3    to pay over any insurance proceeds relating to those Goods or Services or
11.9.4    to assign to the Buyer any rights which the Seller has against any third party manufacturer of those Goods
and any further liability to the Buyer in respect of those Goods or Services is excluded to the fullest extent permitted by law as is any liability in respect of any

11.10    If the Buyer fails to comply with any of clause 11.5 clause 11.6 clause 11.7 or clause 11.8 

11.10.1   the Goods and/or Services shall be conclusively presumed to be
11.10.1.1            in accordance with the Contract and
11.10.1.2            free from any defect or damage which would be apparent on a reasonable examination of the Goods or Services and
11.10.2   (without prejudice to the generality of clause 7.1) the Buyer shall be deemed to have accepted the Goods or Services
11.11    Subject to clause 11.9 in the event of any breach of the Contract by the Seller the remedies of the Buyer shall be limited to damages and under no circumstances shall the liability of the Seller exceed the Price of those Goods or Services to which that breach relates

11.12    Without prejudice to the generality of clause 11.2

11.12.1   any claims in respect of the alleged shortages of or damage to Goods or defects in Services must be notified to the Seller in writing within three days of delivery or completion  
11.12.2   evident damage to external packing of Goods must be subject to an endorsement on the Seller’s delivery note at the time of delivery and
11.12.3   the Seller shall be under no liability in respect of any Goods or Services under the Contract if
11.12.3.1            the Buyer has not paid in full for such Goods or Services or
11.12.3.2            the Buyer has executed or attempted to execute repairs or alterations to such Goods or to any Services which are not authorised by the Seller or
11.12.3.3            the Seller has not been notified of any defect in the Goods or Services within 3 days of the defect’s becoming apparent
12.       Insolvency of Buyer

12.1      If the Buyer fails to make payment for the Goods or Services in accordance with the Contract or commits any other breach of the Contract or if any distress or execution is levied upon any of the Buyer’s goods or if the Buyer offers to make any arrangement with its creditors or if any bankruptcy petition is presented against the Buyer or if the Buyer is unable to pay its debts as they fall due or if being a limited company any resolution or petition to wind up the Buyer (other than for the purpose of amalgamation or reconstruction without insolvency) is passed or presented or if a receiver administrator administrative receiver or manager is appointed over the whole or any part of the Buyer’s business or assets or if the Buyer suffers any analogous proceedings under foreign law all sums outstanding in respect of the Goods or Services shall become payable immediately

12.2      The Seller may in its absolute discretion and without prejudice to any other rights which it may have

12.2.1    suspend all future deliveries to the Buyer of Goods or suspend all future provision to the Buyer of Services and/or terminate the Contract without liability on its part and/or
12.2.2    exercise any of its rights pursuant to clause 9
13.       Data protection

13.1      The Buyer acknowledges and agrees that details of the Buyer's name address and payment record may be submitted to a credit reference agency and that personal data will be processed by and on behalf of the Seller

13.2      The Seller will maintain reasonable technical and organisational measures to minimise the risk

13.2.1     of any unauthorised or unlawful processing or

13.2.2     of any loss destruction or unauthorised disclosure

of personal data having regard to the nature of the personal data to be protected but any liability on the part of the Seller for any and all liability loss damage and cost incurred by the Buyer as a result of any such unauthorised or unlawful processing or of any such loss destruction or unauthorised disclosure of personal data is excluded to the fullest extent permitted by law

14.       Publicity

14.1      The Buyer shall not use any order or the Seller's name for advertising or publicity purposes without the Seller's consent in writing signed by an authorised representative of the Seller on its behalf

14.2      The Goods and the Services may not be advertised or exhibited by the Buyer except on the Buyer's premises without the Seller's prior consent in writing signed by an authorised representative of the Seller on its behalf

15.       Force majeure

15.1      Save for the Buyer’s obligation of payment under clause 3 neither party shall be liable for any default due to any act of God war civil disturbance malicious damage strike lockout industrial action fire flood drought extreme weather conditions compliance with any law or governmental order rule regulation direction or other circumstance beyond the reasonable control of either party (“Force Majeure Event”)

15.2      Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event

15.3      Such notice shall specify details of the circumstances giving rise to the Force Majeure Event

16.       Third party rights

The provisions of the Contracts (Rights of Third Parties Act) 1999 shall not apply to the Contract and a person who is not a party to the Contract shall have no right under that Act to enforce any term of the Contract

17.       Notices

17.1      Any notice under or in connection with the Contract shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or e-mail at or to the address of the party set out in the Contract or at or to such other address as may be subsequently notified by one party to the other

17.2      In the absence of evidence of earlier receipt any notice shall be deemed to be duly served

17.2.1    if delivered personally when left at the address cited in clause 16.1
17.2.2    if sent by recorded delivery three days after posting and
17.2.3    if sent by e-mail when received
18.       Miscellaneous

18.1      General

In the Conditions
18.1.1    references to clauses are to clauses of the Conditions
18.1.2    words importing gender include each other gender
18.1.3    references to persons include bodies corporate firms and unincorporated associations
            18.1.4    the singular includes the plural and vice versa

18.1.5    clause headings are included for the convenience of the Seller and the Buyer only and do not affect the interpretation of the Conditions
18.1.6    references to all or any part of any statute or statutory instrument include any statutory amendment modification or re-enactment in force from time to time and references to any statute include any statutory instrument or regulations made under it and
18.1.7    to the extent of any inconsistencies between any or all of the documents referred to at paragraph 1.3.1 the document referred to at paragraph 1.3.1.1 (i.e. this document) shall prevail
18.2      Severance

Any provision of the Contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the Contract

18.3      Waiver

No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under the Contract shall prejudice its right to do so in the future

18.4      Sub-contracting

The Seller may licence or sub-contract all or any part of its rights and obligations under the Contract without the Buyer’s consent but the Buyer may do so only with the Seller’s consent in writing signed by an authorised representative of the Seller on its behalf

19.       Proper law of contract

19.1      The Contract is subject to the law of England and Wales

19.2      All disputes arising out of the Contract shall be subject to the exclusive jurisdiction of the courts of England and Wales

19.3 European and International deliveries are from £20.00. All deliveries are subject to change due to carriers changing their pricing due to fuel costs.